00011740_Invitation to Bid.docx

Form S010-G050523R1

ITB/Bid Solicitation Number: S-73000-00011740

Issue Date: See “Available Date” in OregonBuys

OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB)

ITB Title: Government Camp Sanding Material 2024

PRE-BID CONFERENCE: None.

BID/QUOTE DUE DATE: See “Bid Opening Date” and time for this ITB in OregonBuys.

PURCHASER/SINGLE POINT of CONTACT: See “Purchaser” and “Info Contact” for this ITB in OregonBuys. This is the only point of contact for this ITB. Any questions or issues that may arise regarding the Specifications, the bidding process, or the award process shall be directed to the Purchaser/Single Point of Contact.

REQUESTS FOR CHANGE, ITB PROTESTS, AND REQUESTS FOR APPROVED EQUAL BRANDS: See Solicitation Process and Schedule in ITB section 6.

SUBMITTING A BID. All Bid Submittal Requirements are set forth in ITB section 5.2. All documents required by section 5.2 must be submitted through the OregonBuys eProcurement system prior to the Bid Opening Date and time specified in OregonBuys for this ITB.

NOTES:

· OregonBuys: This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). Bids must be submitted through the OregonBuys system. See ITB section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this ITB. All files, forms, provisions or other documents attached electronically or linked from the Internet are incorporated into this ITB with the same force and effect as though fully set forth in this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms or Addenda may contact the Purchaser listed in OregonBuys for alternative electronic formats or hard copies.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

· Commitment To Diversity, Equity, and Inclusion: The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity.

Table of Contents

OREGONBUYS INFORMATION and ITB ATTACHMENTS

All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

0.2 ITB Attachments and Addenda.

In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

· Details entered in the Header Information section;

· All ITB attachments, Addenda and notices (“Amendments”), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

1. DEFINITIONS

The following terms have the meaning provided in OAR 125-246-0110: “Addendum” or “Addenda”, “Bid”, “Bidder”, “Brand Name or Equal Specification”, “Brand Name Specification”, “Business Day”, “Closing”, “Contract”, “Contractor”, “Goods”, “OAR”, "Opening", “ORS”, “Responsible”, “Responsive”, “Services”, “Solicitation”, “Specification”.

For purposes of this ITB “Agreement” means Contract.

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking 1 qualified Contractor to deliver 15,000 yards of sanding aggregate and stockpile it at the ODOT Government Camp stockpile site at the Highway 23 and Highway 35 junction stockpile site.

For additional detail regarding the needed Goods see the Specifications attached in section 3 of this ITB. Per ORS 279B.055(2)(c), the selected Contractor shall meet the highest standards prevalent in the industry most closely involved in providing the Goods required under the prospective Agreement.

2.2 Minimum Qualifications/Experience/References

Enter the information required in this section in the applicable fields of the Bid Cover Sheet (see ITB section5.2.1.b). Bids that do not clearly show the minimum required experience/qualifications and references will be rejected.

· Bidders must have the following certifications, licenses, qualifications:

· Bidders must have a minimum of 3 years experience providing the types of Goods described in this ITB.

· Bidders must provide references, as required in section 5.2.1.c, for Contracts which Bidder entered into to provide Goods of similar scope and quantity as described in this ITB.

2.3 Quantity of Agreements Awarded

It is anticipated that 1 Bidder will be selected for award.

2.4 Delivery Requirements

All deliverables required under the Agreement must be delivered per the delivery schedule is Section 4 of the resulting Contract. Early delivery is acceptable and encouraged. Submittal of proposed delivery timelines later than those required may result in Bid rejection. Submittal of delivery timelines providing for earlier delivery than required by ODOT binds the Bidder if awarded the Agreement.

Delivery Location: Government Camp Hwy 26/Hwy 35 Stockpile Site 57.45.

All Goods must be delivered F.O.B. destination with all transportation and handling charges paid by Contractor, unless otherwise agreed to in writing by ODOT. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance.

2.5 Term of Agreement

The term of the Agreement begins on the date the Agreement receives all required signatures and is anticipated to end when all Contractor obligations under the Agreement are completed in conformance with all applicable requirements, whichever is sooner.

2.6 Insurance Requirements

The insurance requirements applicable to the prospective Agreement are included in Exhibit C of the Sample Agreement, which is incorporated in section 4 of this ITB.

2.7 RESERVED

2.8 Payment and Method of Compensation

ODOT will pay for completion of Contractor obligations in conformance with all Agreement requirements, applicable standards and acceptance criteria. The method of compensation for the prospective Agreement will be fixed unit prices.

2.9 RESERVED

2.10 Amendments to the Agreement

Contingent upon ODOT’s need, availability of approved funding, Contractor’s performance and concurrence by both parties, potential amendments to the Agreement may include, but are not limited to the following:

· adjust unit prices (see requirements and limitations in Sample Agreement section 4.4 Price and Delivery Schedule), if requested by Contractor and supported with proper documentation;

· add tasks (within the scope of the services described in this ITB) or delete tasks;

· extend the Agreement for up to 4 additional years. The maximum term of this Agreement shall be 5 years.

3. SPECIFICATIONS

Specifications for the Goods required under the prospective Agreement are included in Exhibit A of the Sample Agreement incorporated into this ITB in section 4.

4. SAMPLE AGREEMENT

The Sample Agreement (including its terms, conditions and Exhibits) is not physically attached but incorporated into this ITB as though fully set forth herein. The Sample Agreement is available for download from the Bid Solicitation page for this ITB on OregonBuys (See ITB section 0.0 for more information about OregonBuys.)

5. INSTRUCTIONS TO BIDDERS and SUBMITTAL REQUIREMENTS

0. Obtaining Bid Documents This ITB, all Addenda, and all attachments may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser/Single Point of Contact listed in OregonBuys for this ITBif unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date identified in OregonBuys to assure that they have not missed any Addenda or other notices issued for this ITB.

5.2 Bid Submittal Requirements:

5.2.1 Required Submittals and Bid Pricing via OregonBuys

Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected).

Bidder must complete and submit via OregonBuys all submittal requirements of this ITB no later than the Bid Opening Date and time specified in OregonBuys for this ITB (submittals by any other means will be rejected):

5.2.1.a. Bid Pricing. Bidders must complete online entry of all required pricing information in the “Item Information” section for this ITB in OregonBuys.

The quantities listed in the Item Information section for this ITB in OregonBuys are estimates of intended purchases by ODOT and are for Bid purposes only. These figures are intended to serve only as a guide to Bidders, and are not to be construed as a guarantee. ODOT reserves the right to adjust quantities or delete items as needed.

Volatile Prices/Supply Disruptions. To encourage adequate competition and fair pricing, Agency is including provisions in the prospective contract to mitigate Bidder’s risks related to price and supply chain volatility in the current market environment. See section 4.4.2 of the Sample Agreement.

5.2.7.a. Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes (for tips on reducing file size, see How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

6. SOLICITATION PROCESS

6.1 Solicitation Schedule

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Time.

6.2 Procurement Method and Applicable Laws

ODOT is conducting this solicitation as Competitive Sealed Bidding in accordance with ORS 279A, ORS 279B, OAR 731-146, OAR 731-147, OAR 137-047-0255.

6.3 Requests for Clarification, Requests for Change

All inquiries and correspondence regarding this ITB must be submitted in writing via email to the Purchaser identified in OregonBuys for this ITB.

Any requests for clarification requests for change, or requests for approved equal brands must be received by ODOT no later than the applicable deadline specified in ITB section 6.1 – Solicitation Schedule.

· Requests for Clarification. A prospective Bidder may submit questions or seek clarifications regarding any aspect of this ITB document, Specifications, Sample Agreement or solicitation process.

· Requests for Change. A prospective Bidder may submit a request for change which must include the reason for the requested changes, supported by factual documentation, and any proposed changes.

· ODOT Responses. ODOT will promptly respond to each properly-submitted written request for clarification, request for change, protest. When appropriate, ODOT will issue revisions, and clarify ITB provisions via Addenda published in OregonBuys as “Amendment”(s) to this ITB. ODOT may also respond informally to Bidder questions. However, Specifications, contractual terms, and procurement requirements of an ITB can only be changed via formal Addenda posted for this ITB on OregonBuys.

6.4 Addenda (referred to as “Amendments” in OregonBuys)

When appropriate, as determined by ODOT in its sole discretion, revisions, substitutions, or clarifications of this ITB will be published as Addenda on OregonBuys. Changes or modifications to this ITB will be binding on ODOT only if in the form of written Addenda published on OregonBuys.

Questions regarding Addenda must be received via email by the deadline specified in the Addendum or they will not be considered.

6.5 Solicitation and Addenda Protests

6.5.1 Solicitation Protests. A prospective Bidder may submit a written protest of anything contained in this ITB, in conformance with the requirements of ORS 279B.405, if the prospective Bidder believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. Protests to the ITB must be received by the deadline specified in ITB section 6.1.

6.5.2 Addenda Protests. A Prospective Bidder may submit a written protest of anything contained in the respective Addendum. Protests of matters not added or modified by the respective Addendum will not be considered. Protests to an Addendum must be received by the date specified in the respective Addendum.

6.5.3 All Protests must:

· Be submitted via email to the Purchaser identified for this ITB in OregonBuys;

· Reference the ITB Bid Solicitation number;

· Identify prospective Bidder’s name and contact information;

· Be signed 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 ITB provisions or other relief sought;

· Must be received by the applicable deadline specified in the subsections above.

6.6 Withdrawal of Bids and Bid Modifications

If a Bidder wishes to withdraw or modify a submitted Bid, Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to the ”Bid Opening Date” and time for this ITB in OregonBuys. Bid withdrawals and modifications must be in conformance with requirements set forth in OAR 137-047-0440.

6.7 Bid Opening

Bid Opening will occur immediately following the Bid Opening Date and time in OregonBuys for this ITB unless otherwise specified in an Addendum. Until further notice ODOT does not intend to hold in-person public Bid Openings. ODOT, in its sole discretion and in lieu of in-person public Bid Openings, will provide an electronic public Bid Opening alternative via Microsoft Teams. Only the name of each Bidder and the Bid amounts will be read at the Bid Opening. It is optional for Bidders to attend the Bid Opening. Award decisions will not be made at the Bid Opening.

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7. AWARD

7.1 Method of Award

Bids will be evaluated to determine the lowest Responsible Bidder (including applicable preferences, if any, per section 7.2) whose Bid is Responsive and not otherwise rejected per the provisions of OAR 137-047-0640(1)(b) and (c ).

Prior to award, ODOT may investigate Bidder (including the results of any reference checks completed by ODOT) and request information in addition to that already required in this ITB, when ODOT, in its sole discretion, considers it necessary or advisable in order to evaluate whether the Bidder meets the applicable standards for Responsibility.

ODOT reserves the right to withdraw any or all items from award if it is in the best interest of ODOT. Withdrawal of one or more Bid items will not affect the method of award.

7.2 Preferences

7.2.1 Tiebreaker Preference When Offers are Equal: Awards shall be subject to preference for Goods or Services produced or manufactured in Oregon, price (including adjustments for applicable preferences, if any), fitness and quality being equal (ORS 279A.120). ODOT may request any information necessary to determine if the Goods are manufactured or processed in Oregon.

7.2.2 Recycled Material:

(a) In accordance with ORS 279A.125 and the definitions set forth in ORS 279A.010, for purposes of Bid evaluation, ODOT will give preference to Goods that are certified to be made from recycled materials 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 cost does not exceed the cost of a comparable non-recycled product by more than five percent.

(b) Bidders claiming a preference shall supply with their Bid, documentation by the manufacturer, on manufacturer letterhead, which clearly shows percentages of recycled material in the Goods bid. Any Bidder that claims recycled material content, but does not provide the required manufacturer documentation with the Bid, will not receive a deduction for their claim.

7.2.3 Reciprocal Preference: ODOT will add a percent increase to each out-of-state Bidder’s Bid Price which is equal to the percent preference, if any, given to resident Bidders of the Bidder’s state. For example, if the Bidder is from a state that grants a 10 percent preference to local Bidders, ODOT will add 10 percent to that Bidder’s Bid price. This price adjustment will be for evaluation purposes only and will not be reflected in the pricing incorporated into the awarded Agreement.

7.3 Notice of Intent to Award

Pursuant to OAR 137-047-0610, ODOT will make its notice of intent to award available to all Bidders by posting the notice on this ITB Bid Solicitation page in OregonBuys.

7.4 Award Protest

An “adversely-affected” Bidder may submit a protest in response to the notice of intent to award a Contract if the conditions set forth in ORS 279B.410(1) are satisfied. An adversely-affected Bidder must file a written protest via email with ODOT and exhaust all administrative remedies before seeking judicial review of ODOT’s award decision. To be considered, the written protest must specify the grounds for the protest pursuant to ORS 279B.410(2). An award protest must be delivered via email to the Purchaser identified in OregonBuys for this ITB no later than the deadline for award protests specified in ITB section 6.1 – Solicitation Schedule. ODOT shall not consider an award protest submitted after this deadline. ODOT will issue a written disposition of protests in a timely manner as set forth in ORS 279B.410(4).

7.5 Awardee Requirements

The following requirements apply only to the apparent successful Bidder. All items that must be provided to ODOT must be received by the Purchaser within 5 Business Days after ODOT’s issuance of intent to award notice (except as stated otherwise in 7.5.3 and 7.5.5, or unless a different timeframe is agreed to by ODOT and Bidder):

· ODOT requests a W-9 Form, or

· The backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any. No payment can be made until a properly completed W-9 is on file with ODOT. The W-9 Form is available at: https://www.irs.gov/pub/irs-pdf/fw9.pdf (submit page 1 only).

7.5.3 Business Registry Number/Registered Agent. The apparent successful Bidder must be duly authorized by the State of Oregon to transact business before executing the Agreement. Firms that contract with ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration.

· Oregon Business Registry – If requested by ODOT the apparent successful Bidder shall (unless the name of Bidder’s business includes the "real and true" name of each owner or the business is otherwise exempt under applicable laws) provide to ODOT a current Oregon Secretary of State business registry number if: a) Bidder is an Oregon business or has offices or employees located or conducting business in Oregon, or b) as a result of the prospective Agreement, Bidder will have offices or employees located, or conducting business, in Oregon. See process for obtaining a business registry number and guidance regarding exceptions (https://sos.oregon.gov/business/Pages/doing-business-means.aspx).

· Foreign Businesses – The apparent successful Bidder shall provide to ODOT a current business registry number for the state in which the business is located unless: a) the name of Bidder’s business includes the "real and true" name of each owner or the business is otherwise exempt under applicable laws or, b) Bidder is registered in Oregon and Bidder is submitting an Oregon business registry number.

· Registered Agent - All Corporations and other business entities (domestic and foreign) must have a registered agent in Oregon unless an exception applies. See requirements and exceptions regarding registered agents (https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx).

· For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site: https://sos.oregon.gov/business/Pages/default.aspx.

7.5.4 Bidder Responsibility

(a) Agency may reject an offer and rescind the Intent to Award notice if Bidder is not responsible pursuant to ORS 279B.110 or if Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

(b) Responsibility Inquiry Form. The apparent successful Bidder shall provide a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Forms) and must be submitted via email.

7.5.5 Pay Equity Compliance Training and Certification from DAS. This is a legislatively-mandated requirement that applies to Bidders with 50 or more full-time employees that Bid on State agency contracts valued at $500,000 or more, including as may be amended. If applicable, the selected Bidder will be required to submit a copy of an unexpired certificate (held by a current authorized representative of the Bidder) issued by Oregon Department of Administrative Services (DAS) documenting completion of the pay equity overview training. Following notice of intent to award, the selected Bidder shall submit the certificate with the Responsibility Inquiry Form (section 7.5.4) prior to being awarded a Contract. For information about free on-line training and certification please click on the following hyperlink: https://www.oregon.gov/ODOT/Business/Procurement/DocsGTS/SB491Flyer.pdf.

7.5.6 Nonresident Bidder Form. If awardee is a nonresident Bidder and the Agreement amount exceeds $10,000, the Bidder shall report to the Department of Revenue (using the Non-Resident Bidder Form (https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf), submit form prior to Agreement execution with a copy submitted to ODOT) the total Agreement price, terms of payment, duration of Agreement and such other information as the Department of Revenue may require before the Bidder may receive final payment.

7.5.7 Reserved

7.6 Prompt Execution of Agreement

In accordance with ORS 279B.055(11), the successful Bidder shall take all actions necessary to comply with all award submittal requirements of this ITB to allow for prompt execution of an Agreement.

7.7 Commencement of Work

Contractor shall commence no work under an awarded Agreement until all required documents have been provided and a notice to proceed or a purchase order has been issued by ODOT.

In accordance with ORS 279B.100, ODOT may reject any or all Bids and may cancel or delay this ITB at any time if doing so would be in the public interest as determined by ODOT. ODOT may reject all Bids pursuant to the criteria set forth in OAR 137-047-0650. ODOT shall reject any or all Bids as required by OAR 137-047-0640. Notification of Bid rejection will be made in writing and sent to Bidder by email or hard copy.

8.2 Non-Discrimination by ODOT

ODOT, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Bidders that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit Bids in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

8.3 Non-Discrimination by Bidders

Bidders may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a veteran owns or an emerging small business certified under ORS 200.055. Violations may result in debarment, disqualification or breach of contract pursuant to ORS 279A.110.

8.4 Bidders responding to this ITB do so solely at their expense ODOT is not responsible for any Bidder expenses associated with this ITB.

8.5 Recyclable Products

If awarded an Agreement, Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the Agreement.

ITB-GTS ITB #: S-73000-00011740