20028_Truck ITB 2024_Final~1.pdf

20028_Truck ITB 2024_Final

INVITATION TO BID (“ITB”) # 20028

FOR

Class 6 Cargo Truck Purchase

THIS IS A GENERAL PROCUREMENT AS DEFINED IN OAR 177-038-0000

Date of Issue: January 2, 2024

Bid Submission Deadline: January 9, 2024, at 10:00 AM PST

Oregon Lottery Buyer: Elyse Castillo, Procurement Specialist 2

Address: 500 Airport RD SE City, State, Zip Salem, OR 97301

Phone (voice) 503-540-1367 E-mail: elyse.castillo@lottery.oregon.gov mailto:elyse.castillo@lottery.oregon.gov

TABLE OF CONTENTS

Description Page(s) Section 1 Introduction 3

Section 2 Instructions to Bidders 4 - 7

Section 3 Terms and Conditions 8

Section 4 Cargo Truck Specifications 9 - 10

Section 5 Pricing Page 11

Section 6 Bid Form 12

Exhibit A Standard Terms and Conditions 13 - 14

SECTION ONE

INTRODUCTION

1.1 Purpose: The Oregon State Lottery Commission (“Lottery”) is soliciting bids for the purchase of two (2) non-CDL Class 6 cargo truck with 18’ cargo boxes.

The issuance of this Invitation to Bid (“ITB”), and the award of any contract resulting thereof, shall be governed by Oregon State Lottery Procurement Rules, which are found in Oregon Administrative Rules Chapter 177, Division 38.

1.2 Single Point of Contact: Elyse Castillo, Procurement Specialist 2, (“Buyer”) shall be the only point of contact for this ITB. Any questions or issues that may arise regarding the specifications, the solicitation process, or the award process shall be directed to the Buyer listed above. Lottery’s official response to any questions or requests shall be through direct letters or addendum.

ORAL INSTRUCTIONS OR INFORMATION CONCERNING THIS PURCHASE GIVEN OUT

BY OFFICERS, EMPLOYEES, OR AGENTS OF THE LOTTERY TO PROSPECTIVE

BIDDERS SHALL NOT BIND THE LOTTERY.

1.3 Schedule of Activities:

The Schedule of Activities set out below is the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule shall be adjusted by the same number of days. This is a tentative schedule and is provided as a courtesy to potential bidders. The actual schedule may vary without notice to potential bidders.

However, any changes made to the inquiry deadline, or the closing date of the ITB will be made in the form of any amendment to this ITB.

ACTIVITY

DATE

Invitation to Bid Released 1/2/2024 Inquiry Deadline 1/6/2024 Bid Submission Deadline (last day to submit Bids)

1/9/2024 at 10:00 AM

Bid Responses Evaluated 1/9/2024 Contract Award (approx.) 1/9/2024

SECTION TWO

INSTRUCTIONS TO BIDDER

2.1 DEFINITIONS

The following definitions are provided as a courtesy to potential Bidders:

Oregon State Lottery Commission may be referred to as: “Oregon Lottery,” “Lottery,” “Owner,” or “Agency.”

Invitation to Bid may be referred to as “ITB”, or “solicitation”.

Bidders may be referred to as: “Bidders,” “Offerors,” “Companies,” or “Respondents.”

The successful bidder awarded a contract from this solicitation may be referred to as:

“Contractor,” “Successful Bidder,” or “the Awarded Party.”

Oregon Revised Statute may be referred to as “ORS.”

Oregon Administrative Rule may be referred to as “OAR.”

2.2 BID PREPARATION:

2.2.1 Bid Format: Lottery will only accept electronically submitted Bids.

2.2.2 Bid Submission: Bids must be emailed to:

Attention: elyse.castillo@lottery.oregon.gov Invitation to Bid (ITB) Number: 20028

Project: Class 6 Cargo Purchase

All Bids must be in the Lottery’s possession no later than the Bid Submission Deadline specified in Section 1.3. Lottery will reject Bids delivered after the Bid Submission Deadline.

2.2.3 Method of Bidding: Bidders shall supply, in the proper columns, all Information required on the Bid Form in Section 6 and Pricing Page in Section 5.

The price of each item shall be clearly shown in the space provided. The price of each item shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail.

2.2.4 Reserved.

2.2.5 Signature on Bid: Bids shall be signed by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection to any other person, firm or corporation making a bid for the same purchase and is in all respects fair and made without collusion or fraud.

A bid submitted in response to this ITB shall constitute a binding offer. Signature on a bid also certifies that the Bidder has read, fully understands, and agrees with all bid specifications, terms and conditions. Comprehension of bid requirements shall be the mailto:elyse.castillo@lottery.oregon.gov responsibility of the Bidder. Claims regarding a failure to comprehend bid requirements will not be considered.

Bidders shall only enter information within the bid document where it is requested or required. Bidders shall not make any alterations to the original solicitation document.

Any bid that alters the Bid Form or solicitation requirements may be rejected.

2.2.6 Bid Modification: Once submitted, Bids may be modified in writing prior to the Bid

Submission Deadline. Modifications shall be signed by an authorized representative of the Bidder and shall state that the new document supersedes or modifies the prior Bid, and shall be submitted via email with the subject line marked “Modification to Bid #20028” to the Buyer as specified in Section 2.2.2. A Bidder’s last Bid submitted replaces and supersedes in its entirety all prior Bids submitted by the Bidder.

2.2.7 Bid Withdrawals: Once submitted, a Bid may be withdrawn in writing prior to the Bid

Submission Deadline. Withdrawals shall be signed by an authorized representative of the Bidder and shall clearly state that it is a request to withdraw the Bidder’s previously submitted Bid. Withdrawal requests shall be submitted via email with the subject line marked, “Bid Withdrawal Request, Bid #20028” to the Buyer as specified in Section

2.2.2. Bidders may withdraw Bids after the Bid Submission Deadline only in accordance with OAR 177-038-0130.

2.2.8 Addenda: Lottery may change this ITB only by written Addenda sent via OregonBuys prior to the Bid Submission Deadline. BY SUBMITTING A BID, EACH BIDDER

THEREBY AGREES THAT IT ACCEPTS ALL RISKS ASSOCIATED WITH

OR RELATED TO ITS FAILURE TO OBTAIN ANY ADDENDUM

ANNOUNCEMENTS. If required by an Addendum, Bidders must sign and return the Addendum to Lottery either prior to the Bid Submission Deadline or with their Bids.

2.2.9 Cost of Bid: Lottery shall not pay any costs incurred by the Bidder for its preparation or submission of a bid, including but not limited to any costs incurred for making necessary studies or designs for the preparation of a bid, or for procuring or contracting for the services to be furnished under this ITB.

2.2.10 Parts and Materials: The vehicles proposed in Bidder’s offer shall be new, current model year and shall meet all bid specifications. No surplus, remanufactured, or used products shall be considered.

2.2.11 Use of Brand or Trade Names: Any brand or trade names used by Lottery in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Bidders may submit bids for substantially equivalent products to those designated unless the ITB provides that a specific brand is necessary because of compatibility requirements or other reason(s) identified by Lottery. All brand substitutions shall be approved or denied at the sole discretion of Lottery.

2.3 BID EVALUATION AND AWARD:

2.3.1 Method of Award: An award shall be made to the responsive and responsible bidder who submits the lowest net cost for two (2) class 6 cargo truck required by this ITB.

An award shall be made to only one Bidder. Lottery reserves the right to withdraw any item(s) from award consideration if it is in the best interest of the Lottery to do so.

The successful Bidder shall not deliver or furnish any of the items quoted until a Lottery purchase order is issued.

2.3.2 Minimum Requirements: Each bid submitted shall meet all minimum requirements established by the technical specifications, and comply with the terms and conditions found in Section 3 of the ITB.

2.3.3 Prior Acceptance of Defective Bids: Due to limited resources, the Lottery generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best Bid, nor will the Lottery generally investigate the references or qualifications of those who submit non-responsive bids.

2.3.4 Public Records and Requests for Confidentiality: All information submitted with a

Bid may be a public record and subject to disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, unless an exemption from disclosure under the Oregon Public Records Law applies. Bidders must specifically identify those sections in the Bid the Bidders regard as confidential and briefly explain how and why the information may be exempt from disclosure. Bidders must also include the name, address, and telephone number of the person Bidder authorizes to respond to Lottery’s inquiries concerning the nature of the materials Bidder deems exempt from disclosure.

Lottery’s non-disclosure of documents or any portion of a document submitted as part of a Bid may depend on official or judicial determinations based on the Oregon Public Records Law.

2.3.5 Time for Acceptance: Bids shall be valid and firm for a period of (90) ninety days from the closing date and may not be modified or withdrawn after the closing date.

2.3.7 Reserved:

2.3.8 Right to Reject: The Lottery reserves the right, in its sole discretion to:

2.3.8.1 Modify this ITB;

2.3.8.2 Extend the deadline for submitting bid responses;

2.3.8.3 Determine whether a Bid response does, or does not, substantially comply with the requirements of the solicitation;

2.3.8.4 Waive any minor irregularity, informality, or non-conformance with the requirements of the solicitation documents; and

2.3.8.5 At any time prior to Contract execution (including after announcement of the apparent awardees):

2.3.8.5.1 To reject any bid responses that fails to comply with all prescribed bidding procedures and with all requirements of these bid documents; and

2.3.8.5 To reject all bid responses received and cancel this

solicitation upon a determination by the Lottery that cancellation would be in the best interest of the Lottery.

SECTION THREE

TERMS AND CONDITIONS

3.1 Standard Terms and Conditions/Order of Precedence: Exhibit A is Lottery’s Standard

Terms and Conditions for the Purchase of Goods. Additional terms and conditions are included in this Section and apply to the resulting contract. In the event of a conflict between the Standard Terms and Conditions and the additional terms and conditions found in this Section, the terms and conditions in this Section shall control. In the event of any other conflict, the conflict shall be resolved by giving precedence in the following order:

1) the Terms and Conditions found in this Section 3; 2) the Standard Terms and Conditions in Exhibit A; 3) any terms and conditions included elsewhere in this Solicitation Document;

and 4) the Bidder’s Bid Response. By signing the Bid Form, Bidder agrees that, no terms, conditions or provisions contained in or written on any form used by Bidder, which conflict, modify, or supplement the terms and conditions contained in this Section 3 or Exhibit A shall be binding on the parties.

3.2 Delivery: The new Class 6 Trucks delivery date is TBD. Truck shall be delivered with one

(1) owner’s manual and a Manufacturer’s State of Origin.

3.3 Compliance with Tax Laws: The undersigned signing on behalf of Contractor hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 403.200 to 403.250 (Tax for Emergency Communications), ORS 118 (Inheritance Tax) ORS 314 (Income Tax), ORS 316 (Personal Income Tax), ORS 317 (Corporation Excise Tax), ORS 318 (Corporation Income Tax), ORS 320 (Amusement Device and Transient Lodging Taxes), ORS 321 (Timber and Forestland Tax), ORS 323 (Cigarettes and Tobacco Products Tax), and the elderly rental assistance program under ORS 310.630 to 310.706, and any local taxes administered by the Department of Revenue under ORS 305.620.

SECTION FOUR

REQUIRED CARGO TRUCK SPECIFICATIONS

4.1 Truck Chassis

a. 2024 model year FTR 170 Wheelbase body length 18ft payload max16186lbs and curb weight 10.321.

b. Cab-over design with tilt cab

c. Class 6 chassis (26,000 lb. GVWR, non-CDL).

d. Minimum 10,000 lb. payload capacity (excluding liftgate).

e. Dual rear wheels.

f. 14-PR 11R22.5” Tires (premium highway tread).

g. Cummins: B6.7L Diesel 260 HP @ 2400 RPM 660 LB-FT@1600RPM incorporation a DPF exhaust and a SCR

h. 6 Speed Allison 2500 RDS Automatic transmission including Park PAWL

i. Full Air dual circuit with ABS and S-CAM drum brakes. Front 16.5 inch and rear

16.5 inch.

j. Air ride rear suspension 17-CFM

k. Telescopic steering wheel.

l. Power assisted steering.

m. Cruise control.

n. Power windows and locks.

o. Magnetic Suspension driver seat.

p. Cloth driver and passenger seats.

q. Heated/ power exterior mirrors.

r. 8” spot mirrors.

s. Cab air conditioning.

t. AM/FM radio with Bluetooth capability.

u. Two (2) 12 Volt charging options minimum.

v. Fuel capacity: 50 gallons min.

w. Back up alarm.

x. Back up camera.

y. Power door locks.

z. Exterior color: white.

aa. 36-month warranty on engine and power train.

bb. LED headlamps and daytime running lights.

4.2 Cargo Box

a. 18’ dry box. Overall width: 96”, inside height: 96”, door opening entry height clearance: 89”.

b. Fully insulated with 1” block foam or equivalent (excluding roof panel).

c. Fully lined, 3/8” plywood sides and front wall.

d. Laminated hardwood floor.

e. Recessed logistics E-track system, two rows (front and sides). The E-track system shall be installed at a height of 31” and 52” respectively.

f. Translucent fiberglass roof.

g. 3/4” roll-up rear door (door opening entry height clearance: 89”).

h. Aerodynamically designed fiberglass front header.

i. Heavy duty rear corner posts capable of supporting a 1655 lb. rail type liftgate.

j. Two (2) recessed interior dome lights with switch one (1) in the cab and one (1) in the box.

k. Department of Transportation approved lighting including two (2) directional indicator lamps at mid box.

l. The minimum laden bed height shall be 48”. The truck, with box and lift-gate installed, shall be capable of loading and unloading from a standard height dock.

m. The rear frame shall be a minimum 11 gauge 304 stainless steel or equivalent with corner gussets and built in rain gutters.

n. 36 month warranty which shall include leakage.

4.3 Cable Axle Length

The cab axle length shall be determined by each manufacturer and shall be noted in each Bid response. In determining the correct cab axle length, each manufacturer shall consider the required box length and payload capacity. The cab axle length shall be configured in such a manner that the GVW for each axle shall not exceed the manufacturer’s specifications.

Note: The installation of the cargo box shall be done in accordance with the vehicle manufacturer’s recommended installation procedures and shall not void any provision of the vehicle manufacturer’s warranty.

SECTION FIVE

PRICING PAGE

Description Qty. Unit Unit Price Total Price

Class 6 Cargo Truck 2 Each $_____________ $_____________

Make: _______________________________

Model: _______________________________

Year: ________________________________

Wheelbase: ___________________________

Warranty: _____________________________

Build date/ Delivery date: _________________

CARB Surcharge Fee: 2 Each $_____________ $_____________

Final Total: $_______________

SECTION SIX

BID FORM

This Bid shall be signed by an authorized representative of the Bidder. Any alterations or erasures to the Bid shall be initialed in ink by the undersigned authorized representative.

The undersigned agrees and certifies that he/she:

a. Has read and understands all instructions, specifications and terms and conditions contained herein;

b. Is the authorized representative of the Bidder, that the information provided in this Bid is true and accurate, and that providing incorrect or incomplete information may be cause for bid rejection or contract termination;

c. Is submitting a firm offer for a period of no less than ninety (90) days;

d. Certifies that the information was arrived at independently, without any collusion with any other party competing for a contract under this Invitation to Bid.

I hereby acknowledge having received and duly considered the following addenda to the specification and the following revision or additions to the plans: Addenda No __________ to No. __________ inclusive.

Bidder (COMPANY) Name FEIN ID# or SSN (REQUIRED)

Bidder Address

Authorized Signature Date

Title of Authorized Representative

Contact Person Phone Fax Email

EXHIBIT A

Oregon State Lottery - Terms and Conditions for the Purchase of Goods

1. STANDARD AND SPECIAL TERMS AND CONDITIONS;

ORDER OF PRECEDENCE: These Terms and Conditions are the Standard Terms and Conditions for the purchase of Goods. Lottery may also provide "Special Terms and Conditions" as part of this PO. In the event of a conflict between the standard and special terms and conditions, the special terms and conditions take precedence. The terms and conditions of this PO supersede all preprinted terms and conditions on any forms used by the Contractor.

2. F.O.B.: Deliveries will be F.O.B. destination unless otherwise stated on the Purchase Order.

3. DELIVERY/RISK OF LOSS: Contractor is responsible and liable for loss or damage of Goods until received by Lottery.

Contractor remains liable for latent defects, fraud, and warranties.

4. ORDER NUMBER: Purchase Order number must appear on all packing slips, shipping notices, invoices, and correspondence concerning this order.

5. INSPECTION/ACCEPTANCE: Lottery has a reasonable period of time after receipt of the Goods to inspect and accept or reject the Goods. Contractor shall correct any non-conforming Goods without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, Lottery may reject the Goods and cancel the PO in whole or in part.

6. UNIFORM COMMERCIAL CODE (UCC): The UCC (ORS

Chapters 71 and 72) shall prevail as the basis for contractual obligations between Contractor and Lottery for any terms and conditions not specifically stated in the Purchase Order.

7. PAYMENT/OVERDUE CHARGES: Lottery will pay Contractor

NET 30 days from acceptance of Goods and receipt of a correct invoice. Contractor’s claims for overdue payments are subject to ORS 293.462.

8. WARRANTIES: Contractor represents and warrants that

Goods are new, unused, and fully warranted by the manufacturer, Goods are free and clear of any liens or encumbrances and delivered Goods will comply with specifications and be free from defects in labor, material and manufacture. Contractor shall transfer all warranties to the Lottery.

9. LOTTERY PROPERTY: Any special dies, molds, patterns, jigs, fixtures and any other assets the Lottery furnishes to Contractor or specifically pays for, for use in the manufacture or delivery of the Goods shall be and remain Lottery’s property, shall be for Lottery’s exclusive use, shall be held at Contractor’s risk, shall be returned to Lottery upon Lottery’s request and shall be equal to the replacement cost with loss payable to Lottery.

10. TERMINATION: (i) The parties may terminate this PO by mutual agreement. (ii) Lottery may terminate this PO at any time with written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and Lottery shall pay Contractor for Goods delivered and accepted. (iii) Lottery’s payments under this PO, together with all of Lottery’s other obligations incurred under ORS 461.510(4), are limited by Article XV, section 4(4)(d) of the Oregon Constitution and ORS 461.500(2). If Lottery’s authority or ability to conduct lottery games is removed or diminished, or if Lottery reasonably determines that expending the amounts payable by Lottery under this Contract would be in violation of the 16% (sixteen percent) limitation under ORS 461.500(2), Lottery may terminate this Contract. (iv) If Contractor breaches any PO provision or is declared insolvent, Lottery may terminate this PO for cause with written notice to Contractor, and Contractor shall be liable for all incidental and consequential damages resulting from its breach, including all damages as provided in the UCC.

11. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless the State of Oregon and Lottery and, 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.

12. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by and construed in accordance with the internal laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (“Claim”) between Lottery and Contractor that relates to this PO must be heard exclusively in the Circuit Court of Marion County for the State of Oregon. If the Claim must be brought in a federal forum, then it must be heard exclusively in the US District Court for the District of Oregon. Contractor consents to the in personam jurisdiction of these courts. Neither this Section nor any other provision of this PO is a waiver by Lottery or the State of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Constitution, or other immunity, from any Claim or from the jurisdiction of any court.

13. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond the party’s reasonable control. Lottery may terminate this

PO without liability to Contractor after determining that such delay or default reasonably prevents successful performance of the PO.

14. ASSIGNMENT; SUBCONTRACTS; SUCCESSORS:

Contractor shall not assign, sell, transfer, or subcontract rights, or delegate responsibilities under this PO in whole or in part, without prior written approval of Lottery. The provisions of this PO are binding upon, and inure to the benefit of the parties to the PO and their respective successors and permitted assigns.

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

16. COMPLIANCE WITH APPLICABLE LAW: Contractor shall comply with all applicable federal, state and local laws, regulations, executive orders and ordinances.

17. WORKERS' COMPENSATION: Contractor shall comply with

ORS 656.017 and provide the required workers’ compensation coverage, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

EXHIBIT A

Oregon State Lottery - Terms and Conditions for the Purchase of Goods

18. SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that the Goods comply with all federal and Oregon safety and health requirements.

19. MATERIAL SAFETY DATA SHEET: Contractor shall provide Lottery with a Material Safety Data Sheet for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use (OAR 437- 002-0360 and 29 CFR 1910.1020). Contractor shall label, tag or mark such Goods.

20. 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, and other recycled plastic resin products.

21. AMENDMENTS: All amendments to this PO must be in writing, signed by Lottery.

22. 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.

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

24. 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. Lottery may withhold final payment under this PO until Contractor has met this requirement.

25. LOTTERY’S FUNDING LIMITATION: Article XV, section

4(4)(d) of the Oregon Constitution provides that Lottery is a self-supporting, revenue-raising agency and that no appropriations, loans, or other transfers of state funds shall be made to it. Accordingly, all amounts payable by Lottery under this PO are the sole responsibility of Lottery.

26. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury: (a) 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 (b) it is not in violation of any Oregon tax laws.

27. MERGER CLAUSE: THIS PO AND ATTACHED EXHIBITS

CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE

PARTIES. THERE ARE NO UNDERSTANDINGS,

AGREEMENTS OR REPRESENTATIONS, ORAL OR

WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS

AGREEMENT.