011-24 ITB for REMOTELY OPERATED VEHICLE (ROV)~2.pdf

STATE OF OREGON ACTING BY AND THROUGH ITS

Department of Fish and Wildlife

Is issuing an Invitation to Bid (ITB)

OregonBuys Bid Number: #S-63500-00010286

For a

REMOTELY OPERATED VEHICLE (ROV)

Date of Issue: May 1, 2024

Opening Date: May 30, 2024, at 3:00 PM (Pacific)

Single Point of Contact (SPC): Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 503-947-6134

E-mail: jake.e.howard@odfw.oregon.gov

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.

mailto:jake.e.howard@odfw.oregon.gov

OregonBuys Bid Number #s=62500-00010286 Remotely Operated Vehicle (ROV)

ODFW Tracking # 535-011-24 Page 2 of 36

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION………………………………………………………………………………………..3

1.1 SUMMARY OVERVIEW

1.2 SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT (“SPC”)

SECTION 2: ITB PROCESS…………………………………………………………………………………………………………..7

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 Oregonbuys

2.4 QUESTIONS AND CLARIFICATIONS

2.5 PROTEST OF ITB

2.6 ADDENDUM

2.7 PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS…………………………………………………………….9

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW

METHODOLOGY………………………………………………………………………………….10

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 PREFERENCES

4.4 METHOD OF AWARD

SECTION 5: INTENT TO

AWARD…………………………….…………………………………………………………………..11

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION………………………………………………………………………………………..14

SECTION 7: ADDITIONAL INFORMATION………………………………………………………………………………...14

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT (PURCHASE ORDER)

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – BID SUBMITTAL FORM

ATTACHMENT D – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT E – RESPONSIBILITY INQUIRY

ODFW Tracking # 535-011-24 Page 3 of 36

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“ODFW” or “Agency”), is issuing this Invitation to Bid (ITB) to purchase one (1) Remotely Operated Vehicle (ROV) for marine research and exploration off the Oregon Coast and (2) provide associated Services as described below. This purchase will support multiple Marine Program needs for visual underwater surveys of costal wildlife and habitats.

ODFW has authority pursuant to ORS 496.146(11) to issue this ITB and enter into the resulting Purchase Order.

The Marine Resources Program (MRP) studies and manages the animals and habitats found in the ocean and estuarine waters of Oregon. Oregon has 363 miles of coastline and 1,410 miles of tidal shoreline, and our authority and influence extends from this shoreline out to 200 nautical miles off of the coast.

Oregon’s diverse marine resources support commercial fisheries that annually contribute more than $500 million in personal income to Oregon. In addition, saltwater sport fishing contributes more than $200 million to the state. The natural beauty of the Oregon coast attracts millions of visitors each year who enjoy tidepooling, whale watching and other marine wildlife viewing opportunities.

Generally, the MRP assesses and manages Oregon’s marine habitat, biological resources and fisheries, with primary jurisdiction and authority in Oregon’s Territorial Sea (from shoreline to three miles). In addition to direct responsibilities in state waters, the MRP shares co-management responsibility with state, federal, regional and international decision-makers who together develop management strategies that affect Oregon fish and shellfish stocks, fisheries, and marine habitats.

For more information on ODFW’s Marine Resources Program visit https://www.dfw.state.or.us/mrp/

In Attachment A – Sample Purchase Order (PO) contains required terms and conditions resulting from this ITB, incorporating the terms and conditions set forth in the ITB, including without limitation the Purchase to specifications set forth below.

This purchase is anticipated to be funded with 100% State funds. Depending on pricing and the Programs needs Federal funds may be needed; therefore, bidders must accept incorporation of federal terms and conditions into Purchase Order as a condition of Bid. See Attachment A – Sample Purchase Order (PO), including Federal Terms and Conditions therein.

The ROV shall be delivered on or before May 31, 2025.

1.2 SPECIFICATIONS FOR EQUIPMENT AND SERVICES

Contractor will deliver a remotely operated vehicle and necessary control equipment (umbilical and control console) with the following minimum specifications:

ROV body and performance:

• Depth rating minimum 300 m seawater;

• Vehicle weight maximum 400 lb. in air;

• Vehicle weight minimum 100 lb. in air, to enable stable, linear, near-bottom transects while resisting wave surge in 15 – 70 m depths in open-ocean wave-exposed environments with all payloads described below;

• Sufficient forward thrust to maintain seafloor transects at speeds up to 1 knot with the vehicle pulling its umbilical in ocean currents and depths to 70 m (generally expected to be > 100 lb.

forward thrust);

• Thrusters designed to allow lateral movement, either with vectored thrusters or dedicated lateral thrusters;

https://www.dfw.state.or.us/mrp/

ODFW Tracking # 535-011-24 Page 4 of 36

• Sufficient vertical thrust for the vehicle to rapidly ascend/descend with all payloads described below (generally expected to be > 75 lb. vertical thrust );

Umbilical and control equipment:

• An umbilical cable with copper conductors (not fiber optic) sufficient to conduct seafloor transects in 300 m depths (maximum 400 m cable length);

• An ROV control console with joysticks and inputs (dials/switches) for adjusting ROV position, speed, and heading. Console should preferably also include controls for lights, lasers, camera tilt, and other peripherals, although these may be controlled by a separate keyboard;

• Any necessary power supply transformer to operate the vehicle on 240 VAC power supplied by a marine vessel generator;

Vehicle sensors, data display, and control:

• A depth sensor delivering real-time ROV depth data for logging and display;

• An electronic compass delivering real-time ROV heading data for logging and display;

• Pitch and roll sensors delivering real-time ROV pitch and roll data for logging and display;

• On-screen display software (displaying on a computer and monitor owned by ODFW, not included in purchase), to include compass heading, pitch, roll, and depth real-time data displays overlaying a video feed from the ROV;

• A compass heading lock mode allowing the vehicle to automatically maintain a compass heading set by the pilot;

• A thruster input hold function allowing adjustable forward thrust without continuous pilot input (i.e. “cruise control mode”);

Lighting:

• Forward-facing lighting may be implemented by either of two options:

o Option A (preferred): Ability to connect surface-supplied 240 VAC power to operate two external Nuytco HMI lights (owned by ODFW, not included in purchase), with topside on/off switch;

o Option B: Contractor-supplied forward-facing LED lights providing a total of at least 34,000 lumens across multiple lights (more illumination preferred), powered through the ROV (not batteries), with topside on/off switch;

• Downward-facing lighting: DC power connection to operate two downward-facing LED lights (Deep Sea Power & Light LED Multi-SeaLite Matrix or equivalent, owned by ODFW, not included in purchase). Switching not required.

Cameras:

• One connection for a forward-facing primary HD data camera, to be provided by ODFW.

Requirements:

o streaming real-time video feed to the surface;

o powered through the ROV;

o controllable from the surface (minimally, record start/stop; also focus and aperture adjustment if applicable to the camera);

o mounted on a tilting platform allowing real-time tilt adjustments and real-time transmission of the camera’s tilt angle. The generally expected forward tilt of the camera is 30 degrees below horizontal;

o The camera model may be one of the following (all options owned by ODFW, not included in purchase):

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− Option A (preferred): a Blackmagic Designs Micro Cinema Camera in a 4” diameter housing. This camera would record HD video internally and transmit SD video in real time to the surface;

− Option B: a Z Cam E2C Professional 4K Cinema Camera in a 4.5” diameter housing.

This camera would send HD video over ethernet for recording at the surface.

− Option C: a Deep Sea Power and Light IP Multi HD Cam. This camera would send HD video over ethernet for recording at the surface.

• One connection for a downward-facing HD data camera, a Deep Sea Power and Light IP Multi HD Cam (owned by ODFW, not included in purchase). This camera will be mounted by ODFW after delivery of the ROV. Requirements:

o streaming a real-time HD video feed over ethernet for recording at the surface;

o powered through the ROV;

o controllable from the surface (record start/stop and settings adjustment);

• One connection for a navigation camera, also a Deep Sea Power and Light IP Multi HD Cam (owned by ODFW, not included in purchase). This camera will be mounted by ODFW after delivery of the ROV. Requirements:

o streaming a real-time video feed over ethernet for potential recording at the surface;

o powered through the ROV;

o controllable from the surface (record start/stop and settings adjustment);

• Stereo cameras: The ROV will also deploy a calibrated stereo pair of GoPro Hero4 cameras in small cubic aluminum housings mounted on a horizontal aluminum bar spanning the front of the ROV out of the field of view of the main forward and downward cameras. The system is owned by ODFW, not included in purchase, and will be mounted by ODFW after delivery of the ROV. These cameras will be manually controlled and synchronized before each ROV dive and will record video internally, so no control interface or video signal transmission is necessary.

Requirements:

o the two cameras must be powered through the ROV (5V DC);

Peripherals:

• One altimeter (Tritech PA 500-6, owned by ODFW, not included in purchase) mounted on the main camera providing distance from the camera to the imaged seafloor. Requirements:

o powered through the ROV;

o streaming real-time data for data logging and display;

o inclusion of the altimeter data in the ROV on-screen display;

• Two pairs of scaling lasers (Deep Sea Power & Light SeaLaser 100, owned by ODFW, not included in purchase), mounted on the main forward-facing and downward-facing cameras.

Requirements:

o powered through the ROV;

o controllable from the surface (on/off);

• One DVL (Doppler Velocity Log, a WaterLinked DVL-A50, owned by ODFW, not included in purchase). Requirements:

o powered through the ROV;

o streaming real-time data over ethernet connection for data logging, display, and control;

o real-time inclusion of the DVL’s altitude, horizontal speed, and distance (X, Y) data in the ROV on-screen display;

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Payload: The vehicle must have the payload capacity to simultaneously deploy all the cameras, lights, and accessory equipment listed above, in addition to the following payload items (owned by ODFW, not included in purchase) that will not be powered or connected by cables to the vehicle:

• one EdgeTech 4380 multibeacon;

• one RBR Duet3 T.ODO sensor;

Other specifications:

• Safety circuitry to isolate high voltage currents in the event of an electrical malfunction;

• Sufficient spare parts, fuses, and any custom tools necessary to conduct at least 30 days of at-sea surveys;

• Detailed product manuals, wiring diagrams, and written and training maintenance protocols;

SERVICES:

Contractor will:

1. Deliver an ROV, control console, umbilical, and any included peripherals meeting the above specifications to ODFW Marine Program in Newport, OR no later than May 31, 2025;

ODFW will:

1. If necessary, send the two main cameras to the contractor to implement camera control and video signal integration; and

2. Respond quickly to any technical design questions before Closing.

All bids received shall include delivery FOB. FOB Bids shall include any “Freight Added” charges in the per ton bid price. Deliveries shall be coordinated with staff at the Marine Resources Program and be delivered to:

Oregon Department of Fish & Wildlife Marine Resources Program 2040 SE Marine Science Dr.

Newport, Oregon 97365

1.3 SCHEDULE OF EVENTS

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

Issue Date May 1, 2024

ITB Questions/Clarifications Deadline 2:00 PM, May 16, 2024

ITB Protest Period Deadline 2:00 PM, May 22, 2024

Final Addenda Published 3:00 PM, May 24 10, 2024

Closing Date 3:00 PM, May 30, 2024

Issuance of Notice of Intent to Award May 31, 2024

Notice of Intent to Award Protest Period End 7 days after Award

ODFW operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

ODFW Tracking # 535-011-24 Page 7 of 36

DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 137-046-0110. These definitions do not apply to the Sample Contract Agreement attached as Attachment A.

“FOB” and “F.O.B.” stand for “Freight on Board.” When used in conjunction with “Origin,” “Destination,” or a location name (e.g., “Newport, Oregon”), FOB or F.O.B. indicates the location at which liability and ownership of goods transfers from seller to buyer.

“OregonBuys” means the online electronic e-Procurement system administered by the State Procurement Office.

Terminology specific to OregonBuys may be found at:

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Successful Bidder” means the person(s) or organization(s) to which an Award is made.

1.4 SINGLE POINT OF CONTACT (“SPC”)

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

Pursuant to ORS 279A.050(6)(c) and ORS 496.146(11), ODFW has authority to conduct a Procurement for the purchase of this equipment and associated services.

2.2 PROCUREMENT METHOD

ODFW 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 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov/bso/. ITB documents will not be mailed.

Documents may be physically viewed at the address on the cover page by making an appointment with the SPC.

2.3.1 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.

2.3.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1- 855-800-5046 or by email at support.oregonbuys@oregon.gov.

2.3.3 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party. ODFW accepts no responsibility for missing or incorrect information.

http://www.orpin.oregon.gov/ mailto:support.oregonbuys@oregon.gov

ODFW Tracking # 535-011-24 Page 8 of 36

2.4 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

• Be submitted in writing to the SPC identified on the cover page of this ITB by mail, in person, or email.

• Reference the ITB Number

▪ Identify the section number and the passage.

▪ Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this

ITB.

Questions by telephone are not accepted.

ODFW will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, ODFW, may change this ITB by written Addendum and post to OregonBuys. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.5 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.7 for Addendum. ODFW will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB Number;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the protest is based.

a) Any proposed changes to the ITB provisions or other relief sought.

ODFW will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by ODFW. Protests will be received by the following methods:

b) Be submitted in writing to the SPC identified on the cover page of this ITB by mail or email are acceptable.

2.6 ADDENDUM

Unless otherwise stated in the ITB, ODFW shall post any Addendum on OregonBuys. Addenda 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 2.3.1. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. ODFW is not responsible for sending Addenda to any prospective Bidder.

ODFW Tracking # 535-011-24 Page 9 of 36

2.7 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, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.5.

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 BID FORMAT

Bidder shall submit its Bid electronically through OregonBuys or as an alternative Bidder may submit via email.

The Bid should be presented in a format corresponding and referencing the sections contained in Section

3.3. Bids should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

One Bid with original signature, and all required documents, must be submitted on or before date and time of Closing identified in Section 1.3 of this ITB. Bis in OregonBuys will remain Sealed.

Bids must be delivered to the SPC using one of the following:

Electronic Submission: via OregonBuys https://oregonbuys.gov/bso/

Email Submission: ODFW.Bids@odfw.oregon.gov

Bidder is solely responsible for ensuring its Bid is received at ODFW in accordance with the ITB requirements, by closing, at the address specified in this section and on the cover page of this ITB. ODFW shall not be responsible for any delays in delivery.

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

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

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.

• 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.

• Verbal, facsimile, or telephonic modifications will not be accepted.

3.2.4 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time.

The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative, and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time. Withdrawal notices may be submitted electronically through OregonBuys or via email.

https://oregonbuys.gov/bso/ mailto:ODFW.Bids@odfw.oregon.gov

ODFW Tracking # 535-011-24 Page 10 of 36

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will be publicly opened, and the names of all Bidders will be read by ODFW via TEAMS conference meeting. The following is the link to the TEAMS meeting:

Join on your computer or mobile app Click here to join the meeting.

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 non-Responsive. ODFW has the right to determine if Bids substantially meet the requirements of this ITB.

3.2.7 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Bid Submittal Form

• Attachment D – COBID Certification/Outreach Plan

• Attachment E – Responsibility Inquiry

3.2.8 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by ODFW, 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 ODFW, 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.

3.2.9 RESERVED

3.2.10 RESERVED

3.2.11 RESERVED

3.2.12 BID REQUIREMENTS

Bidder must provide all information required in Attachments B, C, D, E, and F 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. 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, ODFW may waive mistakes in accordance with OAR 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

ODFW will determine if an apparent Successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment E) with Bid.

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjYzNjFkYTItNDRkYS00ODE3LWE2YWItZWE4YTI4NWY5NTgz%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22bf053dd9-6b73-4ef7-a5b7-dcbc926fc86d%22%7d

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4.3 PREFERENCES

4.3.1 RECIPROCAL PREFERENCE

Pursuant to OAR 137-046-0300, ODFW shall give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal. For bid calculation purposes per OAR 137-046-0310, ODFW 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.

4.3.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, ODFW will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.3.3 PUBLIC PRINTING

ODFW shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.3.4 TIEBREAKERS

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

4.4 METHOD OF AWARD

4.4.1 GENERAL AWARD

ODFW may award the Purchase Order (which shall consist of Attachment A, Sample Purchase Order) to the Responsible Bidder submitting the lowest Bid for a Remote-Control Vehicle with all criteria listed in Section 1.2. ODFW may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

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

• ODFW abused its discretion in rejecting the protestor’s Bid as non-Responsive.

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

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

https://www.naspo.org/reciprocity1 https://www.naspo.org/reciprocity1

ODFW Tracking # 535-011-24 Page 12 of 36

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email, or hard copy

• 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

ODFW 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 ODFW.

5.3 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to ODFW 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 Contract.

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’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.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’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. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles ODFW to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor 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 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, and that it will maintain such policy and practice in force during the entire term of the Contract. 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 ODFW proof of insurance as required in the following sections:

https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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5.5.1.1 WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident. If Contractor is an employer subject to any other state’s workers’ compensation law, Contactor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

5.5.1.2 COMMERCIAL GENERAL LIABILITY

Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract and shall have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.

5.5.1.3 AUTOMOBILE LIABILITY INSURANCE

Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.

5.5.1.4 EXCESS/UMBRELLA INSURANCE

A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance.

5.5.1.5 ADDITIONAL INSURED

All liability insurance, except for Workers’ Compensation, Professional Liability, and Network Security and Privacy Liability (if applicable), required under this Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 07 04 or equivalent.

5.5.1.6 WAIVER OF SUBROGATION

Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Agency or State of Oregon by virtue of the payment of any loss. Contractor will obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Agency has received a waiver of subrogation endorsement from the Contractor or the Contractor’s insurer(s).

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5.5.1.7 TAIL COVERAGE

If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii) Agency or Contractor termination of this Contract, or, iii) The expiration of all warranty periods provided under this Contract.

5.5.1.8 CERTIFICATE(S) AND PROOF OF INSURANCE

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract.

5.5.1.9 NOTICE OF CANCELLATION

The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

5.5.1.10 STATE ACCEPTANCE

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section 5.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the Successful Bidder and obtaining all requisite approvals required, ODFW will proceed with final award by executing a Contract in the form of the Sample Purchase Order attached hereto as Attachment A, which is not negotiable. This Contract incorporates the terms and conditions set forth in the ITB, including without limitation the federal contract provisions for non-federal entity contracts under federal awards set forth in Attachment A.

Successful Bidder shall not commence work under the Contract until the Contract has been executed and the ODFW has provided the Successful Bidder with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, ODFW 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 ODFW receives an Offer from a government body, ODFW will initially review the Offer according to the same criteria set forth in this ITB. ODFW, 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 ODFW.

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7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of ODFW. 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 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 ODFW cancels this ITB prior to the Closing identified in Section 1.3.

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, ODFW 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. ODFW, 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 ODFW cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to ODFW.

7.5 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract.

(ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)

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ATTACHMENT A -SAMPLE CONTRACT (PURCHASE ORDER)

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ATTACHMENT A - SAMPLE CONTRACT (PURCHASE ORDER)

1. DELIVERY: Deliveries will be F.O.B. destination, unless otherwise agreed. Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warranties.

2. ACCEPTANCE: Agency may inspect and test the Goods and related Services (collectively, “Goods”). Agency may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure defects within a reasonable time, Agency may reject the Goods and cancel the PO in whole or in part. Title to the Goods passes to Agency in accordance with the Uniform Commercial Code, ORS chapters 71-79 (UCC), and this section does not affect or limit Agency’s rights under the UCC.

3. PAYMENT: Agency shall pay Contractor within 30 days from (i) the date the Goods are delivered and accepted or (ii) the date the invoice is received, whichever is later. If Agency fails to pay within 45 days of such date, Contractor may assess overdue account charges up to a rate of 2/3% per month (8% APR) or the maximum rate allowed by law on the outstanding balance.

4. REPRESENTATIONS AND WARRANTIES: Contractor represents and warrants that:

• Unless otherwise agreed, the Goods are new and unused (and if applicable, the current model), free and clear of any liens or encumbrances, and carry full manufacturer warranties;

• Contractor shall transfer all manufacturer warranties to the State;

• Delivered Goods will comply with specifications and be free from defects in labor, material, and manufacture;

• Contractor owns or has the right to transfer or sell the Goods to Agency;

• Contractor has the authority to enter into this PO and this PO is a binding obligation upon Contractor;

• Contractor is an independent contractor and its provision of the Goods creates no potential or actual conflict of interest and defined in ORS 244;

• Contractor shall comply with the tax laws of this State and all political subdivisions;

• Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State; and

• All implied and express warranties under the UCC are incorporated in this PO.

These representations and warranties are cumulative and are in addition to and not in lieu of any other representations or warranties found in this PO or the law.

5. TERMINATION:

• The parties may terminate this PO by mutual agreement.

• Agency may terminate this PO at any time upon written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and Agency shall pay Contractor for Goods delivered and accepted.

• Agency may terminate this PO at any time upon written notice to Contractor if Agency fails to receive funding, appropriations, or other expenditure authority.

• Agency may terminate this PO for cause upon written notice to Contractor if Contractor breaches any PO provision, including the representations and warranties related to liquidated and delinquent debt, or is declared insolvent. Contractor shall be liable for all incidental and consequential damages resulting from its breach, including all damages as provided in the UCC.

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• Agency may terminate this PO if Contractor fails to comply with the tax laws of this State or any political subdivision or if Contractor violates any warranties or certification related to compliance with the tax laws of this State and any political subdivision of this State.

6. REMEDIES: Any violation or breach of this PO entitles Agency to terminate this PO, to pursue and recover any and all damages that arise from the breach and the termination of this PO, and to pursue any or all of the remedies available under this PO, at law, or in equity, including but not limited to: termination of this PO in whole or in part; collection by administrative offset or garnishment, if applicable; or withholding amounts otherwise due and owing to Contractor without penalty. The remedies set forth in this Section 6 are cumulative.

7. HOLD HARMLESS: Contractor shall indemnify, defend, and hold harmless the State and its agencies, their divisions, officers, employees, and agents from all claims, suits, or actions of any nature arising out of or related to the activities of Contractor, its officers, subcontractors, agents, or employees under this PO.

8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflict of laws.

Any unresolved Dispute between Agency and Contractor that arises from or relates to the PO shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Dispute must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. Nothing herein shall be construed as a waiver of the State of Oregon’s sovereign or governmental immunity, whether derived from the Eleventh Amendment to the United States Constitution or otherwise, or of any defenses to Claims, or as consent to the jurisdiction of any court.

9. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, transfer, or subcontract rights (“Subcontract”) or delegate responsibilities under this PO in whole or in part, without the prior written approval of Agency. This PO’s provisions are binding upon and inure to the benefit of the parties to the PO and their respective successors and assigns.

10. ACCESS TO RECORDS: Contractor shall maintain all accounting records relating to this PO according to Oregon Accounting Manual (OAM) and any other records relating to Contractor’s performance (“Records”) for 6 years from termination or as otherwise required. Contractor shall grant the State and its agencies, the Secretary of State, the federal government, and their duly authorized representatives access to the Records, including reviewing, auditing, copying, and making transcripts.

11. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all applicable federal, state, and local laws, regulations, executive orders, and ordinances, as amended. Agency’s performance is conditioned upon Contractor’s compliance with 279B.220, 279B.225, 279B.230, and 279B.235, as applicable. All applicable Rules are incorporated by reference in this PO.

12. INSURANCE: Contractor shall obtain and maintain the following insurance coverage.

• Workers’ Compensation: Contractor shall comply with ORS 656.017 and provide workers’ compensation coverage for subject workers, unless exempt under ORS 656.126(2).

Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

• Commercial General Liability: Contractor shall provide and maintain insurance covering bodily injury and property damage, written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. The policy(ies) must name the State of Oregon as additional insured.

13. FORCE MAJEURE: Neither Contractor nor Agency may be held responsible for delay or default caused by events beyond its reasonable control. Contractor shall make all reasonable efforts to

ODFW Tracking # 535-011-24 Page 19 of 36 remove or eliminate such a cause of delay or default and diligently pursue its performance under this PO.

14. SAFETY DATA SHEETS: As applicable, Contractor shall provide Agency with a Safety Data Sheet (SDS) for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use 29 CFR 1910.1200(g)(6)(iii). Contractor shall label, tag, or mark such Goods.

15. RECYCLABLE PRODUCTS: Unless otherwise required, Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the PO.

These products shall include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

16. AMENDMENTS: All amendments to this PO must be in writing, approved by Agency.

17. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

18. WAIVER: Agency’s failure to enforce any provision of this PO is not a waiver or relinquishment by Agency of its rights to such performance in the future or to enforce any other provisions.

19. AWARD TO FOREIGN CONTRACTOR: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this PO. Agency may withhold final payment under this PO until Contractor has met this requirement.

20. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury: (a) the number shown on this form is the correct Federal Employer Identification Number; (b) it is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c) it is not in violation of any Oregon tax laws.

FEDERAL TERMS AND CONDITIONS

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Contractor is responsible to comply with the following federal laws, executive orders and regulations, as applicable. All subcontracts or lower-tier contracts entered into by Contractor shall contain the following provisions, requiring the lower-tier contractor to comply with such provisions, to the extent such lower-tier agreements are allowed by ODFW:

Appendix II to Part 200

A. Simplified Acquisition Threshold. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense…