00014309 LaGrande ITB-REBID-REVISED.pdf

ITB-GTS ITB #: S-73000-00014042

ITB/Bid Solicitation Number: S-73000-00014309 Issue Date: See “Available Date” in OregonBuys

OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB)

ITB Title: REBID - Janitorial Services-La Grande DMV

There will a non-mandatory walkthrough July 18, between the hours of 9am-Noon and 1pm-4pm.

Please contact Walter Lowell at (541) 523-4355 to schedule an appointment no later than July 17, 2025.

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 https://oregonbuys.gov/bso/ 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 0 OREGONBUYS INFORMATION and ITB ATTACHMENTS

0.1 OregonBuys Information

0.2 ITB Attachments and Addenda

1. DEFINITIONS

2. SOLICITATION PURPOSE AND AGREEMENT OVERVIEW

2.1 Solicitation Purpose/Description

2.2 Minimum Qualifications/Experience/References

2.3 Quantity of Agreements Awarded

2.4 Reserved

2.5 Term of Agreement

2.6 Insurance Requirements

2.7 Reserved

2.8 Payment and Method of Compensation

2.9 [RESERVED]

2.10 Amendments to the Agreement

4. SAMPLE AGREEMENT

5. INSTRUCTIONS TO BIDDERS and SUBMITTAL REQUIREMENTS

5.1 Obtaining Bid Documents

5.2 Bid Submittal Requirements

6. SOLICITATION PROCESS

6.1 Solicitation Schedule

6.2 Procurement Method and Applicable Laws

6.3 Requests for Clarification, Requests for Change, Approved Equal

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

6.5 Reserved

6.6 Withdrawal of Bids and Bid Modifications

6.7 Bid Opening

7. AWARD

7.1 Method of Award

7.2 Preferences

7.3 Notice of Intent to Award

7.4 Reserved

7.5 Awardee Requirements

7.6 Prompt Execution of Agreement

7.7 Commencement of Work

8. GENERAL TERMS AND CONDITIONS FOR THIS ITB

0 OREGONBUYS INFORMATION and ITB ATTACHMENTS

0.1 OregonBuys Information

0.1.1 Registration Requirement; OregonBuys User Guides.

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.

0.1.2 Crosswalk of Terms used In OregonBuys

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110; or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0100(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change/amendment to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing

MBPO)

Quote Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

https://oregonbuys.gov/bso https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter into Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in 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”, “OAR”, "Opening", “ORS”, “Responsible”, “Responsive”, “Services”, “Solicitation”, “Specification”.

For purposes of this ITB “Agreement” means Contract.

2. SOLICITATION PURPOSE AND AGREEMENT OVERVIEW

2.1 Solicitation Purpose/Description

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking 1 qualified Contractor to provide Janitorial Services for the La Grande DMV.

For additional detail regarding the needed Services 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 Services 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 section 5.2.1.b). Bids that do not clearly show the minimum required experience/qualifications and references will be rejected.

• Bidders must have a minimum of 3 years’ experience providing the types of Services described in this ITB.

• Bidders must provide references, as required in section 5.2.1.c, for Contracts which Bidder entered into to provide Services 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 Reserved

https://oregonbuys.gov/

2.5 Term of Agreement

The term of the Agreement begins on the date the Agreement receives all required signatures and is anticipated to be 4 years or when all Contractor obligations under the Agreement are completed in conformance with all applicable requirements, whichever is sooner. Extension options, if any, are set forth in ITB section 2.10 – Amendments to the Agreement.

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 price.

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:

o 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;

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

o extend the Agreement for up to 4 additional years. The maximum term of this Agreement shall be 8 years.

3. SPECIFICATIONS

Specifications for the Services 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

5.1 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 ITB if 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.

5.2.1.b. Bid Cover Sheet. Bidders must submit a completed Bid Cover Sheet using the form linked in the File Attachments section for this ITB in OregonBuys. The Bid Cover Sheet must have the “APPROVED” checkbox marked to certify approval by a duly authorized representative empowered to bind the Bidder.

5.2.1.c. References. Bidders must identify on Appendix 1 to the Bid Cover Sheet at least 3 references for Services similar to those described in this ITB and completed in the last 3 years. ODOT may contact references to verify information provided by Bidder.

5.2.2 Bids are firm, binding, and irrevocable offers for a period of 90 calendar days following the Bid Closing.

5.2.3 Bids, including all required submittals, must be prepared in English with pricing in U.S.

dollars to two decimal points.

5.2.4 A Bid must be a complete offer which is Responsive to ITB requirements (including any Addenda). Incomplete Bids cannot be considered. However, ODOT may waive minor informalities and irregularities, and may seek clarification of any response when, in its sole discretion, it deems such clarification necessary or advisable.

5.2.5 Trade Secrets. Any information Bidder submits in response to this ITB that Bidder considers a trade secret under ORS 192.345(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.345(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, https://oregonbuys.gov/bso

ORS Chapter 192." Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. ODOT shall not be liable for disclosure or release of information when authorized or required by law or court order to do so.

ODOT shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

5.2.6 Joint Ventures/Partnerships. Partnerships and joint ventures shall supply, with Bid submission, the name of the contact person for the partnership or joint venture. Prior to award, joint ventures and partnerships submitting Bids must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Agreement that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Agreement. All partners and joint venturers will be required to sign the Agreement awarded.

5.2.7 Electronic Bid Provisions

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/).

5.2.7.b. ODOT reserves the right to reject any Bid that is unreadable.

5.2.7.c. ODOT reserves the right to award the Contract solely on the Bid submitted electronically through OregonBuys; however, upon ODOT’s request, the apparent successful Bidder shall promptly submit its complete original signed bid.

5.2.7.d. Per OAR 731-146-0150(4) in the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to protest or to otherwise participate in the procurement, ODOT may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

5.2.7.e. By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with ODOT that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

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.

ACTIVITY SCHEDULE

Pre-Bid Walkthrough See page 1 of ITB Deadline for requests for change, protests, and 7 calendar days prior to the Bid Opening Date in https://www.wikihow.com/Reduce-PDF-File-Size https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ requests for approved equal brands (if applicable)

OregonBuys for this ITB

Deadline for questions or requests for clarification

5 calendar days prior to the Bid Opening Date in OregonBuys for this ITB

Deadline for Bid submittal See “Bid Opening Date” and time in OregonBuys for this ITB

Public Bid opening No public bid opening Posting of Intent to Award Within 5 Business Days after Bid Opening Date in

OregonBuys for this ITB Deadline for Award protest No later than 7 calendar days after issuance of the notice of intent to award. See ITB section 7.4

6.2 Procurement Method and Applicable Laws

ODOT is conducting this solicitation as Intermediate Procurement in accordance with ORS 279B, OAR

731-146, OAR 731-147, OAR 137-047-0270.

6.3 Requests for Clarification, Requests for Change, Approved Equal

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.

• Brand name and “or equal” specifications and requests for “approved equal”.

o Any brand name listed in the Specifications that does not include “or equal” or “or approved equal” (or some similar language) is mandated and Bids offering alternate products will be declared non-Responsive.

o Any brand name listed in the Specifications followed by “or equal” or “or equivalent” (or some similar language) shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered, if they are equal to or better than the product brand named but must be approved by ODOT after award but prior to installation.

o If a brand name is listed in the Specifications followed by “or approved equal” or “or approved equivalent”, other product brands that are equal to or better than the product brand named may be offered, but Bidder must submit a request for ODOT’s approval by the time specified in ITB section 6.1. Requests for approval of brands as “approved equals” or “approved equivalents” must include sufficient product information for ODOT to make a determination that the product is equal.

• ODOT Responses. ODOT will promptly respond to each properly-submitted written request for clarification, request for change, protest, and request for approved equal. 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 Reserved

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

No public bid opening will be held.

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 Services are performed in Oregon.

7.2.2 [RESERVED]

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.

7.2.4 Buy Oregon Preference:

(a) ODOT prefers Oregon Goods and Services. For evaluation purposes only, ODOT will apply a 5% preference for Oregon Goods and Services fabricated or processed entirely in Oregon (ORS 279A.128). This percentage will be deducted from the Bid price for line items that qualify for this Buy Oregon Preference or from the total Bid price if all items offered in the Bid qualify for this Buy Oregon Preference. This price reduction will be for evaluation purposes only and will not be reflected in the pricing incorporated into the awarded Agreement.

(b) Bidder shall certify on the Bid Cover Sheet (using the form available for download from the File Attachments section for this ITB in OregonBuys) whether any or all Services in the Bid qualify for the Buy Oregon Preference under section 7.2.4.

(c) If more than one Bidder qualifies for the preference under section 7.2.4, ODOT will give further 5% preference to a qualifying Resident Bidder [as defined in ORS 279A.120(1)(b)] or Bidder that is headquartered in Oregon.

7.2.5 Reserved.

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 Reserved

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):

7.5.1 Insurance Certificates. Selected Bidder(s) shall provide to ODOT certificates of insurance via e-mail for levels of insurance coverage shown in Exhibit C of the Sample Contract incorporated into this ITB.

7.5.2 Tax ID Number. The apparent successful Bidder(s) shall provide to ODOT their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 Form if either of the following apply:

• 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 Reserved.

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.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://sos.oregon.gov/business/Pages/doing-business-means.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf

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.

8. GENERAL TERMS AND CONDITIONS FOR THIS ITB

8.1 Bid Rejection and ITB Cancellation or Delay

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.

8. GENERAL TERMS AND CONDITIONS FOR THIS ITB