010188 ITB Final v1.doc

ITB S-44300-00010188 – Installation, Lease, Service, Repair, Monitor, Maintain, Calibrate and Removal of Ignition Interlock Devices

State of Oregon

COVER PAGE

Oregon Health Authority Installation, Lease, service, repair, monitor, maintain, calibrate or removal of ignition interlocK devices

Invitation to Bid (ITB) OregonBuys Bid Number S-44300-00010188 for

Date of Issue: 06/10/2024 Opening Date and Time: 06/24/2024, Time 5:00 PM (Pacific)

Single Point of Contact (SPC): Arlenia Broadwell Address:

500 Summer Street NE, E-03 City, State, Zip Salem, Oregon 97301 Phone (voice)

(503) 509-5688

E-mail:

arlenia.broadwell@odhsoha.oregon.gov

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format.

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or Veteran status.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

SUMMARY OVERVIEW

31.2

AGENCY STRATEGIC GOAL

31.3

STATEMENT OF WORK

41.4

RECORDS AND REPORTING

41.5

SCHEDULE OF EVENTS

41.6

DEFINITION OF TERMS

51.7

SINGLE POINT OF CONTACT

5SECTION 2:

ITB PROCESS

52.1

PROCUREMENT AUTHORITY

62.2

PROCUREMENT METHOD

62.3

PRE-BID CONFERENCE

62.4

MINIMUM SUBMISSION REQUIREMENTS

62.5

PROCUREMENT PROCESS

72.6

QUESTIONS AND CLARIFICATIONS

82.7

PROTEST OF ITB

82.8

ADDENDUM

92.9

PROTEST OF ADDENDUM

9SECTION 3:

INSTRUCTIONS TO PROSPECTIVE BIDDERS

93.1

ACCEPTANCE PERIOD

93.2

BID SUBMISSION REQUIREMENTS (GENERAL)

103.3

BID REQUIREMENTS (PASS/FAIL)

11SECTION 4:

BID REVIEW METHODOLOGY

114.1

RESPONSIVENESS DETERMINATION

114.2

RESPONSIBILITY DETERMINATION

124.3

MINIMUM QUALIFICATIONS (PASS/FAIL)

124.4

METHOD OF AWARD

134.5 COST COMPARISON / bid sheet

134.6

PREFERENCES

13SECTION 5:

INTENT TO AWARD

135.1

INTENT TO AWARD NOTIFICATION

145.2

INTENT TO AWARD PROTEST

145.3

PAY EQUITY

155.4

NONDISCRIMINATION IN EMPLOYMENT

155.5

OTHER REQUIRED INFORMATION

15SECTION 6:

TRADE SERVICES CONTRACT EXECUTION

16SECTION 7:

ADDITIONAL INFORMATION

167.1

GOVERNMENT BODIES

167.2

OWNERSHIP/PERMISSION TO USE MATERIALS

167.3

COST OF BIDDING

167.4

CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

177.5

CONFIDENTIAL OR PROPRIETARY INFORMATION

177.6

LIST OF ATTACHMENTS

SECTION 1:

GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Health Authority, Health Systems Division, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Trade Services Contract from responsive and responsible Bidders (“Bidder”) to install Breath Alcohol Ignition Interlock Devices (BAIID) into the vehicles of Indigent Defendants under Oregon Revised Statutes (ORS) 813.602. Services provided include installation, lease, service, repair, monitoring, maintenance, calibration, and removal of BAIIDs. Resulting Contract(s) for the Indigent Defendants program shall meet the requirements set forth in OAR Chapter 257, Division 100.

The initial term of a resultant Contract is anticipated to be 2 years with options to renew up to an accumulative maximum of 5 years. The estimated start date is July 1, 2024.

Agency anticipates the award of one or more Trade Services Contracts resulting from this ITB. In the event multiple Contracts are awarded, Agency will use the methodology described in Section 4.4.2 “Multiple Awards” to determine award.

1.2 AGENCY STRATEGIC GOAL

Agency established its agency strategic goal to eliminate health inequities in Oregon by 2030. Alongside the strategic goal, Agency adopted health equity as one of its core values and adopted a health equity definition:

Oregon will have established a health system that creates health equity when all people can reach their full health potential and well-being and are not disadvantaged by their race, ethnicity, language, disability, age, gender, gender identity, sexual orientation, social class, intersections among these communities or identities, or other socially determined circumstances.

Achieving health equity requires the ongoing collaboration of all regions and sectors of the state, including tribal governments to address:

a. The equitable distribution or redistribution of resources and power; and

b. Recognizing, reconciling, and rectifying historical and contemporary injustices.

1.3 STATEMENT OF WORK

See Attachment A, “Sample Contract” Exhibit A, Part 1, “Statement of Work.”

1.4 RECORDS AND REPORTING

Bidder shall provide monthly service and transaction records to the Agency Contract Administrator (or other staff identified in writing) for quality and accountability monitoring purposes. Records shall include the Individual’s name, dates of installation, service, replacement, removal, and other items as requested by Agency.

All invoicing will be inclusive of all installation and removal costs. Bidder is prohibited from collecting additional installation fees from individuals receiving services under this Contract except as specifically permitted.

Reports may include any other information mutually agreed to in writing.

1.5 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

1.6 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110.

1.6.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

Terminology specific to the OregonBuys system may be found at: https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

1. “Contract” means the Contract awarded as a result of this ITB.

2. “Bid” means a written response submitted to OC&P in response to this ITB.

3. “Bidder” means the person or entity that submits a Bid.

4. “Work” means the required activities, tasks, deliverables, reporting and invoicing requirements, as described in Section 2.4 Statement of Work of this ITB.

1.6.2 Program Specific Definitions

1. “Indigent Defendant” means an individual who provides proof of eligibility as follows:

(a) Documentation of supplemental nutrition assistance program (SNAP) enrollment provided by the Oregon department of human services dated for the month service was performed.

(b) Submission of proof to service center each time the service center provides service, and the individual customer requests a fee waiver.

(c) Documentation of supplemental nutrition assistance program (SNAP) enrollment provided by the Oregon department of human services dated for the month service was performed, even if the benefit is $0.

2. “Certification” means a Bidder’s representative certified when the Bidder’s representative meets and maintains device requirements as outlined in OAR 257-100-0010, Statewide Service Center Area Requirement in OAR 257-100-0035, performance standards as outlined in OAR 257-100-0050, and the device is added to the list of qualified devices.

1.7 SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB under ORS 413.033.

2.2 PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047-0255, and may use any available optional procedures.

2.3 PRE-BID CONFERENCE

A pre-Bid conference will not be held for this ITB.

2.4 MINIMUM SUBMISSION REQUIREMENTS

2.4.1 Bidder Format and Quantity

Bidder should follow the format and reference the sections listed in the Bidder Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Bidder must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

2.4.2 Authorized Representative

A representative authorized to bind the Bidder shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

2.5 PROCUREMENT PROCESS

2.5.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the Oregon Buys Public Procurement system at https://oregonbuys.gov/bso/ the OregonBuys Bid Solicitation listed on the ITB Cover Page. Solicitation documents will not be mailed.

Agency will advertise all Questions and Answers and Amendments for this ITB on OregonBuys e-procurement system as file attachments to the ITB Bid Solicitation on OregonBuys. Applicants are solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

If any Applicant has technical difficulties in accessing or using the OregonBuys e-procurement system, the Applicant may contact the OregonBuys Supplier Help Desk for assistance at support.oregonbuys@das.oregon.gov or call 1-855-800-5046. In addition, this website contains links to various supplier resources, instructions and guides regarding OregonBuys: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx To register, visit https://oregonbuys.gov/ and click on the blue “Register” button in the top right.

2.5.2 OregonBuys Registration Quick Step Guide:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf

2.5.3 OREgonbuys Full Registration Instructions:

https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf If you need additional registration assistance, please call the OregonBuys Vendor Help Desk at 1-855-800-5046 or email suppliersupport@periscopeholdings.com.

2.5.4 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

· Be emailed to the SPC;

· Reference the OregonBuys bid number;

· Identify Bidder’s name and contact information;

· Be sent by an authorized representative;

· Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

· Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

2.5.5 Alternative Accessibility to Addenda, Attachments, and Exhibits If an exhibit, attachment, or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents.

If you need assistance downloading our accessing, please call the OregonBuys Vendor Help Desk at 1-855-800-5046 or email suppliersupport@periscopeholdings.com.

2.6 QUESTIONS AND CLARIFICATIONS

All inquiries, whether relating to the ITB process, administration, deadline or method of award, or to the intent or technical aspects of the ITB must:

· Be delivered to the SPC via an OregonBuys submission or email;

· Reference the OregonBuys bid number; and

· Identify Bidder’s name and contact information.

· Refer to the specific area of the ITB being questioned (i.e. page, section and paragraph number); and

· Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

2.7 PROTEST OF ITB

2.7.1 protests to ITB Prospective Bidder may submit a Written protest of anything contained in this ITB including but not limited to, the ITB process, Specifications, Statement of Work, and the Sample Contract. This is prospective Bidder’s only opportunity to protest the provisions of the ITB, except that Bidder may protest as provided below in Section 2.7.2.

2.7.2 Requirements for Protests

All protests must:

· Be delivered to the SPC via email;

· Reference the OregonBuys bid number;

· Identify prospective Bidder’s name and contact information;

· Be sent by an authorized representative;

· Specify the grounds for the protest; and

· Be received within 7 calendar days of the Intent to Award notice.

2.8 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.5.5. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

2.9 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.8.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 Submitting Bids

OregonBuys Electronic Response. Bidder should submit its Offer electronically through OregonBuys. Bidder should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

The cost sheet must be submitted as a separate electronic response file.

Bidder shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Bidder Information and Certification Sheet bearing the Bidder’s authorized representative’s Signature, in the following format: Adobe Acrobat (pdf). If Bidder believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Bidder shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Bidder shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Bidder believes are exempt from disclosure.

The Bidders Information and Certification Sheet (Attachment C) must bear the Bidder’s authorized representative’s Signature.

3.2.2 Bid Modification

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time. If a Bidder wishes to make modifications to a submitted Offer it must submit its modification in one of the authorized methods listed in the Bid Delivery Options section. To be effective the notice must include the ITB number and be submitted to the SPC prior to Closing.

A Bidder wishing to make modifications to a Bid already received by Agency must:

· Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.3 “Bid Withdrawl”.

· All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

· Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

· Oral, electronic, facsimile or telephonic modifications will not be accepted.

3.2.3 Bid Withdrawal

If a Bidder wishes to withdraw a submitted Offer, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, fax, hard copy prior to closing in accordance with OAR 137-047-0440. To be effective the notice must include the ITB number.

3.2.4 Late Bids

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.5 Opening of Bids

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Bidders after Opening.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this Section 3.3 and its subsections MAY be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 Closing

Bids must be submitted by Closing to be considered.

3.3.2 Required forms

Bidder must submit the following forms:

· Attachment B – Disclosure Exemption Affidavit

· Attachment C – Bidder Information and Certification Sheet

· Attachment D – Bid Submittal Form

· Attachment E – COBID Certification / Outreach Plan

· Attachment F – Responsibility Inquiry

· Attachment H – Certified Service Center Locations

3.3.3 Authorized Signature

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Trade Services Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 Bid Requirements

Bidder must provide all information required in Attachment B, C, D, E, F and H of this ITB.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Trade Services Contract. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Intent to Award notice.

At any time prior to award, Agency may reject a Bidder found to be not Responsible.

4.3 MINIMUM QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, Offer must demonstrate how Bidder meets all requirements of this section:

4.3.1 Certification requirements:

Bidders must submit written documentation from the Oregon Department of Transportation (ODOT) as evidence that Bidder is an authorized Service Center Provider as required in OAR Chapter 737 Division 5, acceptable documentation includes:

· Copies of service center certifications issued by ODOT; and

· Written documentation from ODOT confirming acceptance of the Bidder’s device application *Note: If Bidder is awarded a contract, Bidder MUST have service center authorization from ODOT.

Service Center Providers means a company or corporation designated by the manufacturer to sell, rent, or lease a device in the State of Oregon, and provides statewide device service through control of a network of service centers.

Failure to provide clear verifiable evidence that Bidder is currently authorized or has submitted an application for certification may result in bid rejection.

4.3.2 Certified service centers:

Bidder must maintain and provide a list of certified Service Centers which must include a minimum of one fixed site service center located in each lettered region, illustrated on the map found at: https://www.oregon.gov/osp/Docs/OSP%20Form%20257-0036%20Oregon%20IID%20Regional%20Map%20(07.2020).pdf (Attachment G). Each installer listed by Bidder must be an actual installer of Bidder’s product and be listed on the ODOT list (see 4.3.1 CERTIFICATION QUALIFICATIONS). Failure to comply with this requirement will result in bid rejection.

Bidder shall provide a list of certified Service Centers locations in each lettered region using (Attachment H) Regional Certified Service Center Locations. This information must include the name, street address, city, state, zip and telephone number for each installer listed indicating which Certified Service Center Providers are Subcontractors.

4.4 METHOD OF AWARD

4.4.1 GENERAL AWARD

If awarded, Agency must award the Trade Services Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

4.4.2 MULTIPLE AWARDS

Per OAR 137-047-0600(4)(b) Agency anticipates awarding multiple Contracts under this ITB in accordance with the criteria set forth herein. Awards may be made if the Award to Bidders is beneficial for adequate availability, delivery, service, competition, pricing, product capabilities, skills, or other factors deemed significant by the Agency.

4.5 COST COMPARISON / bid sheet

Agency shall award the Trade Services Contract to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

Bidders are required to submit bids utilizing Attachment D, Bid Submittal Form.

4.6 PREFERENCES

4.6.1 oREGON SUPPLIES AND SERVICES Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.6.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 137-046-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.6.3 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Trade Services Contract, Agency shall award the Trade Services Contract in accordance with the procedures outlined in OAR 137-046-0300.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, Agency will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at Agency by appointment.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Trade Services Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

· All lower Bids are non-Responsive.

· Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

· Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

· Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Trade Services Contract award.

5.2.1 Protests must:

· Be delivered to the SPC via email.

· Reference the ITB number

· Identify Bidder’s name and contact information

· Be signed by an authorized representative

· Specify the grounds for the protest

· Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Trade Services Contract.

As required by [ORS 279B.235 or ORS 279C.520], Bidder shall comply with ORS 652.220 and shall not discriminate against any of Bidder’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Bidder must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Bidder’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, Veteran status, disability, or age. Bidder’s compliance with this section constitutes a material element of this Trade Services Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Trade Services Contract for cause.

Bidder may not prohibit any of Bidder’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Bidder may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Trade Services Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 Insurance

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.

SECTION 6: TRADE SERVICES CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Trade Services Contract attached hereto as Attachment A is not negotiable.

Bidder shall not commence work under the Trade Services Contract until the Trade Services Contract has been executed and the Agency has provided the Bidder with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Trade Services Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.5.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.5, all Bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Trade Services Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE TRADE SERVICES AGREEMENT

ATTACHMENT B – DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C – BIDDER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – CERTIFIED DISADVANTAGED BUSINESS / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – OREGON BAIDD REGIONAL MAP

ATTACHMENT H – CERTIFIED SERVICE CENTER LOCATIONS

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