044-25 ITB Two Rivers Restoration Project 2.0.pdf

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TWO RIVERS RESTORATION PROJECT - LOG HUAL IN MT HOOD NATIONAL FOREST
Solicitation number
S-63500-00014026
Issued by
Clackamas County, Oregon

About this file

This is an Invitation to Bid (ITB) 735-408-24 issued by the Oregon Department of Fish & Wildlife (ODFW) for the Two Rivers Restoration Project, a log haul operation in the Mt. Hood National Forest. The project seeks a contractor to load and transport approximately 240-260 fire-damaged logs from multiple sites including Queen Quarry, Lazy Bend Administration Site, Memaloose, and Fish Creek to designated staging areas. The ITB was released on June 3, 2025, with bids due by June 24, 2025 at 2:00 PM, and a non-mandatory pre-bid conference scheduled for June 9, 2025 at 10:00 AM in Estacada, Oregon. The contract term is anticipated to start in early July 2025 and be completed by August 31, 2025, with potential time extensions. The project aims to improve hydrological connectivity, water quality, soil productivity, and aquatic and terrestrial habitat by staging burn-damaged logs for future habitat restoration efforts.

The procurement will be awarded to the lowest responsible bidder and is subject to prevailing wage and Davis-Bacon rates. Bidders must submit several required forms including a bid cover sheet, reference check form, bid submittal form, COBID certification, and a responsibility inquiry. The contractor will be responsible for providing appropriate machinery, transportation, and handling of logs while adhering to specific environmental requirements such as fueling equipment 150 feet away from streams, cleaning off-road equipment to prevent noxious weed infestations, and using protective measures when operating equipment. Insurance and compliance with nondiscrimination policies will be required, and the total contract value suggests a substantial municipal project focused on forest ecosystem restoration and log management.

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ITB 735-408-24 – TWO RIVERS RESTORATION PROJECT – LOG HAUL IN MT HOOD NATIONAL FOREST OregonBuys # 63500- 00014026

DAS, Version 1.0 – February 20, 2019 Page 1 of 12

STATE OF OREGON ACTING BY AND THROUGH ITS

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Invitation to Bid (ITB)

Under OregonBuys Bid Number #S-63500-00014026 for

GNA: TWO RIVERS LOG HAUL

Date of Issue: June 3, 2025

Opening/Closing Date: June 24, 2025 at 2:00 PM

Single Point of Contact (SPC): Jake Howard

ADDRESS: 4034 FAIRVIEW INDUSTRIAL DR SE

CITY, STATE, ZIP SALEM OR, 97302

PHONE (VOICE) (503) 947-6130

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

DAS, Version 1.0 – February 20, 2019 Page 2 of 12

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION …………………………………………………………………………4

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK AND/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS 6

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM ............................................................................................................ Error! Bookmark not defined.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS………………………………..8

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 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.4 REFERENCES

4.5 Reserved ................................................................................................................... Error! Bookmark not defined.

4.6 PREFERENCES

4.7 METHOD OF AWARD

SECTION 5: INTENT TO AWARD 10

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY ............................................................................................................. Error! Bookmark not defined.

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT T0 EXECUTION 11

SECTION 7: ADDITIONAL INFORMATION 11

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 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

DAS, Version 1.0 – February 20, 2019 Page 3 of 12

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET (must be returned with Bid)

ATTACHMENT C – REFERENCE CHECK FORM (must be returned with Bid)

ATTACHMENT D – BID SUBMITTAL FORM (must be returned with Bid)

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN (must be returned with Bid)

ATTACHMENT F – RESPONSIBILITY INQUIRY (must be returned with Bid)

DAS, Version 1.0 – February 20, 2019 Page 4 of 12

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

Oregon Department of Fish & Wildlife, North Willamette District Office, is issuing an Invitation to Bid (ITB) to establish a contract (the “Work”) to include all labor, materials, transportation, equipment, permits, and services for, and incidental to, the completion of moving fire damaged logs from selected areas and transport them to a staging in the Two Rivers staging area. The Work will take place in the Mt. Hood National Forest in Clackamas County, Oregon.

ODFW is working with its partner, the US Forest Service (USFS) to stage burn damaged logs to the Two Rivers staging area in the Mt. Hood National Forest. This project will improve hydrological connectivity, water quality, soil productivity and aquatic and terrestrial habitat.

Further details of the project can be found in section 1.2

Agency anticipates the award one (1) Contract from this ITB. With all line items going to the lowest Bidder overall.

The initial term of the Contract is anticipated to start in the beginning of July 2025 and be completed by August 31, 2025 with the possibility of amendments to extend time to complete the project.

All work derived from this contract is subject to the Prevailing Wage and Davis Bacon rates.

1.2 SCOPE OF WORK AND SPECIFICATIONS

This project is one step in a larger program to address lack of stream complexity by eventually placing the moved logs into nearby waterways to create stream complexity and aquatic habitat. This Project’s main objective is to move wildfire damaged trees to two centralized staging areas. This will aid future habitat projects

All work will be completed between contract signing and August 31, 2025. The work must be completed in full compliance of industrial fire protection levels (IFPL) and the Mt. Hood National Forest Commercial Road Use Rules. Necessary working fire equipment (water tender or trailer and appropriate fish screens) will be required on-site at the start of work.

Fire watch will be required during fire season with the length of watch dependent on IFPLs.

Fire waivers may be necessary to complete the project on time.

Heavy equipment will be fueled 150 feet away from streams.

All off road equipment and equipment to haul off road equipment (low boys) will be cleaned before coming onto National Forest to prevent noxious weed infestations.

If a tracked loader is used, the tracks need to be suitable for use on bituminous pavement

(rubber tracks) or operate on mats or other protective covering such that the equipment does not damage the pavement.

All log loading sites will need to have accumulations of bark scraped off road following operation

DAS, Version 1.0 – February 20, 2019 Page 5 of 12

Objective 1: Load and haul logs from Queen Quarry and Lazy Bend Administration Site to Two Rivers staging area.

Approximately 190 logs are in Queen Quarry and will need to be loaded, hauled, and unloaded at Two Rivers staging area. An additional 50-70 logs, with priority given to ones with rootwads attached, are located at the Lazy Bend Administration site and will need to be loaded, hauled, and unloaded at the Two Rivers staging area.

Objective 2: Load and haul logs from Memaloose and Fish Creek to Queen Quarry.

Approximately 200 salmon logs scattered along Memaloose and Fish Creek Roads (see attached map) need to be loaded, hauled,and unloaded at Queen Quarry staging area and arranged in such a way that the logs can be easily chokered and lifted by a heavy lift helicopter.

TASKS:

Contractor will:

1. Provide appropriate machinery to load/unload fire damaged logs onto/off transportation.

2. Provide transportation to safely and efficiently haul logs from the loading area to the project staging area.

3. Load selected logs onto transportation.

4. Transport selected logs from the loading area to the project staging area.

5. Unload selected logs at the project staging area.

ODFW will:

1. Coordinate with USFS to identify and select logs that meet project needs.

2. Provide a map with the location of the fire damaged logs.

3. Provide a map identifying the project staging area.

Work with Contractor to inspect logs at the project staging area to ensure that delivered logs are intact/useable.

1.3 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).

EVENT DATE TIME (Pacific Time)

Pre-Bid Conference June 9, 2025 10:00am

Questions and Clarifications Due June 13, 2025 4:00 PM

Answers to Questions and Clarifications Due (approximate)

June 10, 2025 11:00 PM

Bid Opening Date (Due Date and time to submit Bids )

See cover page See cover page

Notice of Intent to Award (approximate) June 25, 2025 4:00 PM

Contract Execution (approximate) July 1, 2025

Agency operating hours are:

DAS, Version 1.0 – February 20, 2019 Page 6 of 12

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.

1.4 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. These definitions do not apply to the Proposed Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

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

“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), organization(s) to which the award is made.

1.5 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 issuing this ITB pursuant to its authority under ORS 279A.050(6)(m) and ORS 496.146(11). ODFW has authorization to conduct fish and wildlife management activities under ORS. 496.138, consistent with the policy in ORS 496.012.

2.2 PROCUREMENT METHOD

Agency is using the Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125- 247-0270.

2.3 PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held on June 9, 2025 at 10:00 AM, starting at the City of Estacada Park and Ride, 590 SE Short Street, Estacada, Oregon 97023. This will be a guided driving tour of sample sites requiring Bidders have high clearance vehicles.

The purpose of this conference is to explain the ITB requirements and to answer questions.

Statements made at the pre-bid conference are not binding upon ODFW. Bidders are cautioned that the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. ITB documents will not be mailed. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

https://oregonbuys.gov/

DAS, Version 1.0 – February 20, 2019 Page 7 of 12

2.4.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at

(855) 800-5046 or email to support.oregonbuys@oregon.gov .

2.4.2 OREGONBUYS REGISTRATION INFORMATION

For Vendor Registration: visit https://OregonBuys.gov

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

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number ;

• Identify Bidders’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

2.6 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 2.8 for Addendum. Agency will not consider protests received after these deadline(s).

Protests must include:

Protestor name and contact information;

The ITB #63500-00014026;

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.

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

Agency 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 Agency. Protests will be received by the following methods:

mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

DAS, Version 1.0 – February 20, 2019 Page 8 of 12

Emailed to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, ODFW shall post any Addendum on OregonBuys.

Addendums 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

2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Opening. Agency is not responsible for sending Addendum to any prospective Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 90 calendar days from Opening.

3.2 BID SUBMISSION REQUIREMENTS

3.2.1 DELVIVERY THROUGH OREGONBUYS

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

3.2.2 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Bid Opening date and time. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Bid Opening.

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

• Withdraw its Bid 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.

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

3.2.3 BID WITHDRAWAL

If a Bidder wishes to withdraw a submitted Bid, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid 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

Bids will not be publicly opened and the names of all Bidders will not be read by Agency at the location identified on the cover page of this ITB.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS, Version 1.0 – February 20, 2019 Page 9 of 12

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 BID OPENING

Bids must be submitted by Bid Opening Date to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by a 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 resolutions 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 REFERENCES

Bidder must provide three references from similar projects performed for any clients within the last five years. The information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS RESERVED

3.3.6 KEY PERSONS RESERVED

3.3.7 BID REQUIREMENTS

The bidder must provide all information required in Attachment D of this ITB.

DAS, Version 1.0 – February 20, 2019 Page 10 of 12

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Bid Opening 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 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency 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 F) with Bid.

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Contracts, ODFW shall award the Contract to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS RESERVED

4.7 PREFERENCES RESERVED

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

If awarded, Agency must award the 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.

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 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more

DAS, Version 1.0 – February 20, 2019 Page 11 of 12 full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.3 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. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 OTHER REQUIRED INFORMATION

5.4.1 PREVAILING WAGE

The Contractor and all subcontractors shall comply with the provisions of ORS 279A.030. This ITB and the resulting contract are subject to BOLI wage requirements, and the prevailing wages rates set forth as of the date this ITB was first advertised, which while not physically attached, are available in the following in the weblinks and incorporated herein by reference with the same force and effect as though fully set forth herein:

January 5, 2025 Prevailing Wage Rates

April 5, 2025 Amendment to Wage Rates

April 5, 2025 Apprentice Rates

5.4.2 INSURANCE

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

SECTION 6: CONTRACT EXECUTION

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

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor 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 ODFW receives an Offer from a government body, ODFW 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 in the public interest as determined by ODFW.

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/BOLI%20January%205,%202025%20Prevailing%20Wage%20Rate%20Book.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/BOLI%20April%205,%202025%20Prevailing%20Wage%20Rate%20Amendment.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/PWR%20Apprentice%20Rates%20Effective%20April%205,%202025.pdf

DAS, Version 1.0 – February 20, 2019 Page 12 of 12

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 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 Bid Opening identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all the 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. 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 ODFW cancels this ITB prior to the Bid Opening identified in Section 1.3, all Bids will become part of the public record without obligation to ODFW.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of 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. The 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 as a 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 waved any future claim of non-disclosure of that information.

7.6 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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