2022 GNA Davis Non-Commercial Thinning_Mastication_Umatilla NF_ITB_FINAL.pdf

S-62900-00004649 –GNA Davis Thinning/Mastication- Umatilla NF

OREGON

DEPARTMENT OF FORESTRY

Procurement Unit 2600 State Street, Building C

Salem, Oregon 97310

ISSUES THIS INVITATION TO BID (ITB)

FOR THE PURCHASE OF SERVICES

Davis GNA Non-Commercial Thinning/Mastication Umatilla National Forest

OregonBuys Opportunity No. S-62900-00004649

TABLE OF CONTENTS

1 GENERAL INFORMATION

1.1 PURPOSE OF SOLICITATION AND SCOPE OF SERVICES

1.2 PROCUREMENT SCHEDULE

1.3 DEFINITIONS

1.4 SINGLE POINT OF CONTACT

1.5 OregonBuys

2 SOLICITATION PROCESS

2.1 QUESTIONS, REQUESTS FOR CLARIFICATIONS, AND PROTESTS

2.2 BID SUBMISSION

2.3 BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING

2.4 BID OPENING

2.5 ACCEPTANCE OF BID

2.6 CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF

SOLICITATION

3 SPECIFICATIONS

4 BID PREPARATION

4.1 FORMAT AND CONTENT OF BID

4.2 BID REQUIREMENTS

5 EVALUATION OF BIDS

5.1 BID DETERMINATION

5.2 RESPONSIVENESS

5.3 PRICING

6. AWARD PROCESS

6.1 INTENT TO AWARD ANNOUNCEMENT

6.2 PROTESTS OF INTENT TO AWARD

6.3 CONTRACT REQUIREMENTS

6.4 FINALIZATION OF AWARD AND COMMENCEMENT OF WORK

6.5 REVIEW OF AWARDED BID FILES

ATTACHMENTS:

ATTACHMENT 1 – SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE FORM

ATTACHMENT 2 – PRICING SUBMITTAL FORM

ATTACHMENT 3 – SAMPLE CONTRACT FORM

EXHIBIT A – STATEMENT OF WORK (SERVICES)

EXHIBIT B – COMPENSATION

EXHIBIT C – INSURANCE

ATTACHMENT 4 – BIDDER REFERENCES AND WORK EXPERIENCE FORM

1. GENERAL INFORMATION:

1.1 PURPOSE OF SOLICITATION AND SCOPE OF SERVICES:

Purpose of Solicitation:

PURPOSE OF SOLICITATION: The purpose of this Invitation to Bid (ITB) is to establish a Contract to furnish all equipment and labor to perform Mechanical Mastication Non-Commercial Thinning for the Oregon Department of Forestry (ODF) under the Good Neighbor Authority Agreement with the US Forest Service on the Umatilla National Forest. The project area location is Township 7 South, Range 35 East W.M., portions of sections 1, 12, and 13 Grant County Oregon. The successful low bidder will begin this contract on December 1, 2022, with all work to be completed by October 31, 2024. Bidders are required to comply with all of the terms and conditions set forth in this Solicitation Document with respect to their Bid and the resulting Contract. Bidders to which the award of a contract is made should expect to enter into a contract that includes each and every term, condition, and requirement for the Contract as set forth in this Solicitation Document, and any others required by applicable Oregon laws.

As a result of this solicitation process, the Agency intends to award a single Contract for the Services described in this Solicitation Document. The form of the resulting Contract and applicable general provisions are included in Attachment 3 (Sample Contract Form). Additional non-commercial thinning units may be added to or subtracted from the contract via amendment. The cost of those amendments will be determined using the unit pricing entered by the successful Bidder in Attachment 2 (Pricing Submittal Form) to this ITB.

The parties may need to modify selected terms, conditions, price(s) and types of work under circumstances related to the following illustrative, although not exhaustive, categories of amendments:

i. Amendments to extend the term of the Contract for additional periods;

ii. Amendments to increase or decrease the quantity of Work;

iii. Amendments to add new Work within the scope of the Solicitation, if any, at the prices specified within the Solicitation responses or at a discount to these prices, or if no Solicitation, within the scope of the Statement of Work;

iv. Amendments to increase the maximum, not-to-exceed compensation payable to Contractor to cover new Work or additional quantity of Work added to the Contract;

v. Amendments to delete Work;

vi. Amendments to decrease the maximum, not-to-exceed compensation payable to Contractor; and

vii. Amendments to change or add additional specifications

ESTIMATED QUANTITIES: The quantities listed in this ITB are based on the most current projections.

These estimated quantities are intended to serve only as a guide to Bidders. The estimated quantities are not, and may not be construed as, any representation, warranty or guarantee of the volume or quantity of Services that actually will be purchased under any Contract that may be awarded under this ITB. Each Bidder agrees to accept all risks associated with the quantity of Services actually purchased under any resulting Contract. BY SUBMITTING A BID, EACH BIDDER THEREBY EXPRESSLY WAIVES AND RELIQUISHES ANY CLAIM IT MAY HAVE, IF AWARDED A CONTRACT, THAT MAY ARISE OUT OF OR

RELATE TO THE QUANTITY OF SERVICES ACTUALLY PURCHASED UNDER THE CONTRACT.

The term of the awarded Contract is intended to be in effect until October 31, 2024.

The final statement of work will be negotiated with the selected Contractor and set forth in Exhibit A of the Contract.

Unless otherwise specified, the selected Contractor shall be required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Goods or Services when performing under the Contract resulting from this Solicitation Document.

Procurement Authority and Method:

The Agency is conducting this bid pursuant to its authority under Delegation Number: Delegation No.

DASOBO-00021313. The Agency is conducting this Procurement in accordance with OAR 125-247-0255, Competitive Sealed Bidding.

1.2 PROCUREMENT SCHEDULE:

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. The Agency may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys: ......................................... October 12, 2022 Deadline for Inquiries (Protests and Requests for Clarification): ......... October 25, 2022 Closing/Bids Due/Opening:…………………………………………… November 15, 2022 3:00 PM PT

Anticipated Contract Start Date: ………………………………. December 1, 2022

1.3 DEFINITIONS:

Capitalized terms in this Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the DAS Public Contracting Rules (OAR Chapter 125), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

"Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document the Agency is the Oregon Department of Forestry (ODF).

“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.

“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.

"Contract" means the entire agreement between the parties, including but not limited to these Standard Terms and Conditions, any Special Terms and Conditions and other provisions of this Solicitation Document, the Offer, any purchase order, work order, or price agreement document, and any terms and conditions contained in any exhibits, schedules and other attachments to and amendments and restatements of any of the above.

“Contractor” means the person or organization with whom the Agency enters into a Contract setting prices, terms, and conditions for the Services to be performed under the Contract.

“ITB” means this Invitation to Bid.

“Fuels Reduction” means the reduction/elimination of forest fuels that contribute to wildfires and competition, causing decreased stand health.

“Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this Solicitation Document.

"ODF" means Oregon Department of Forestry.

“OregonBuys” means the Oregon Procurement Information Network, which is the State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.

“Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.

“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.

“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.

“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all parts, sections, exhibits, attachments, and Addendums, which is issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B.

“State” means the State of Oregon.

“Thinning” consists of selecting leave trees and felling surplus trees according to the requirements of the specifications.

“Unit or Thinning Unit” means the parcel of land measured in acres onto which the trees will be thinned.

“Written” or “Writing” means conventional paper documents, whether handwritten, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this Solicitation Document or the Contract.

1.4 SINGLE POINT OF CONTACT:

Bidders shall address ALL INQUIRIES related to this Solicitation Document to the individual identified below by the following methods. Email is highly encouraged:

NAME: Burke Mayer EMAIL: burke.mayer@odf.oregon.gov

PHONE: 503-945-7249

FAX: 503-945-7268

MAIL: OREGON DEPARTMENT OF FORESTRY, PROCUREMENT UNIT

2600 STATE STREET, BLDG. C, SALEM, OR 97310

1.5 OregonBuys:

This Solicitation Document, including attachments and any Addenda issued, is published on OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. Bidders should check OregonBuys regularly up until Closing for any changes made to the Solicitation Document. Agency is not responsible for any errors or omissions from downloading the Solicitation Documents, attachments, and any Addenda issued.

OregonBuys Usage:

Bidders unfamiliar with the OregonBuys system may contact the OregonBuys Help Desk located at the DAS Procurement Services Office at 1225 Ferry Street SE U140, Salem, OR 97301-4285; telephone (503) 378-4642; or email: support.oregonbuys@das.oregon.gov Bidders may also look for updates on the following website: https://oregonbuys.gov/bso/view/login/login.xhtml.

Solicitations:

Solicitations, including all Addenda and attachments, are posted on OregonBuys, in accordance with OAR 137-046-0500, as part of the Solicitation Document. Bidders who do not have access to OregonBuys may request to review or receive copies from the Single Point of Contact listed in Section 1.4.

Addenda:

Changes to the Solicitation Document will be made only by Written Addenda issued by the Agency and posted on OregonBuys. Addenda are incorporated with the original Solicitation Document and can be viewed and downloaded by registered Bidders. Bidders should consult OregonBuys system regularly until Closing to avoid missing Addenda.

2. SOLICITATION PROCESS:

The Agency will conduct this Solicitation in accordance with ORS, Chapters 279A and 279B and OAR, Chapter 125, Divisions 246 and 247.

2.1 QUESTIONS, REQUESTS FOR CLARIFICATIONS, AND PROTESTS:

Questions and Requests for Clarifications:

Bidders may submit requests for clarification and questions regarding this Solicitation Document via email.

Such requests must:

(a) Identify the Bidder’s name;

(b) Clearly reference this ITB’s OregonBuys Opportunity number;

(c) Be in Writing and submitted to the Single Point of Contact identified in Section 1.4; and https://oregonbuys.gov/bso/view/login/login.xhtml mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso/view/login/login.xhtml

(d) Be received by the Single Point of Contact by the deadline specified in Section 1.2 Procurement Schedule “Deadline for Inquiries” unless deadline changed by Addenda in accordance with Section

1.5 above.

The Agency is not responsible for the successful transmission electronic requests. Late requests will NOT be accepted. The Agency, at its sole discretion, will respond to such requests received by direct response to the requestor and may issue clarification(s) in the form of questions and answers posted on OregonBuys.

The Agency’s clarification to a request, whether orally or in Writing, does not change this Solicitation Document and is not binding on the Agency unless the Solicitation Document is amended by Addendum in accordance with Section 1.5 above.

Protests:

Any prospective Bidder who believes that this procurement process is contrary to law or that this Solicitation Document is unnecessarily restrictive or is legally flawed may submit a protest. The protest must:

(a) Identify the Bidder’s name and be signed by the Bidder’s authorized representative;

(b) Clearly reference this ITB’s OregonBuys Opportunity number;

(c) Contain the information required under ORS 279B.405(4) and OAR 137-047-0730;

(d) Be emailed to the Single Point of Contact listed in Section 1.4; and

(e) Be received by the deadline specified in Section 1.2 Procurement Schedule “Deadline for Inquiries” unless deadline changed by Addenda in accordance with Section 1.5 above. The Agency is not responsible for the successful transmission of electronic requests. Late requests will NOT be accepted.

This is the Bidder’s only opportunity to protest or request a change to any requirements of this Solicitation Document, including but not limited to the Solicitation process, Bid requirements and Contract terms and conditions. Bids that take exception to the requirements of this Solicitation Document, including but not limited to the Solicitation process, Bid requirements and Contract terms and conditions will be deemed non-Responsive and will be rejected.

Response to Solicitation Protests:

If the protest is timely filed and meets the requirements of ORS 279B.405(4) and OAR 137-047-0730, then the Agency will consider the protest and issue a Written disposition of the protest no less than four (4)business days before Bids are due, unless a Written determination is made that circumstances exist that require a shorter time limit. Otherwise, the Agency will promptly notify the prospective Bidder that the protest is untimely or that the protest failed to meet the requirements of ORS 279B.405(4) or OAR 137-047-0730 and will provide reasons for the failure. If the Agency upholds the protest, in whole or in part, the Agency may in its sole discretion either issue an Addendum reflecting its disposition of the protest, or cancel the Solicitation.

Protest of Addenda:

Unless a different deadline is set forth in the Addendum, prospective Bidders may submit a protest of the Addendum by the close of the Agency’s next business day after the issuance of the Addendum, or up to the last day allowed to submit a Solicitation protest under OAR 137-047-0730, whichever is later. The Addendum protest must be submitted in the same manner as if the Addendum protest were a Solicitation protest under this Section 2.1, and the Agency will respond to the Addendum protest in the same manner as if the Addendum protest were a Solicitation protest under this Section 2.1.

2.2 BID SUBMISSION:

Bids must be emailed to the Single Point of Contact identified in Section 1.4. ALL BIDS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. Please include the Invitation to Bid number in the subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact

ODF’s Single Point of Contact within a reasonable time period (as determined by ODF) prior to the submission deadline to make arrangements for alternate delivery or an alternate format. ODF is not responsible for incomplete bids or bids that were not correctly addressed to email of Single Point of Contact identified in Section 1.4. Only approved alternative delivery or formats may be accepted.

Note: In an effort to help slow the spread of COVID-19 in Oregon and protect employees and the public, the Oregon Department of Forestry (ODF) has changed the way it provides services at its main office located at 2600 State Street, Salem. Offices will remain open and can be reached by phone during regular business hours. In support of this effort, ODF requires the submission of email bids (electronic procurement) for this solicitation; however, if this is not possible, Bidder shall make other arrangements for bid delivery with the Single Point of Contact as specifically described above.

ODF is committed to providing important services to Oregonians while reducing the risk of exposure for customers and employees. Because many ODF offices are not configured in a manner to allow for social distancing, this approach will help mitigate that risk without substantively affecting service delivery. We appreciate the public’s patience as we strive to continue providing important services during this unprecedented disruption to daily life.

Bids must be received by the Agency before the scheduled Solicitation Document Closing date and time, found in Section 1.2. Late Bids will not be considered.

All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by Agency. The Agency will not accept Bids that require payment by the State.

Trade Secrets:

Any information Bidder submits in response to this Solicitation Document that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled by the Bidder with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Bidders are cautioned that the entire Bid or price information submitted in response to this Solicitation Document is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. Bidders must label the specific Bid pages that are considered a trade secret. Bidder agrees to not hold the State or the Agency liable for disclosure or release of information submitted by Bidder when such release is authorized or required by law, or is pursuant to a court or administrative order. Bidder also agrees that the State and the Agency will be immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3).

2.3 BID MODIFICATIONS OR WITHDRAWALS PRIOR TO CLOSING:

Bid Modification:

A Bid submitted in response to this Solicitation Document may be modified, in Writing, by the Bidder prior to Closing. Bid Modifications must be submitted electronically (via email) as a PDF document. Bid modifications submitted must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2. Bidder shall prepare modifications on Bidder’s letterhead. Each Bid modification must be signed by Bidder’s authorized representative and state that the modifications amend and supersede the identified portions of the Bid.

Bid Withdrawal:

A Bid submitted in response to this Solicitation Document may be withdrawn by the Bidder prior to Closing.

Bid Withdrawals must be submitted electronically (via email) as a PDF document. To withdraw a Bid, Bidder must submit a written notice on Bidder’s company letterhead signed by Bidder’s authorized representative.

Bid withdrawals must be clearly marked as such and must comply with all Bid Submission requirements in Section 2.2.

If Bidder is unable to submit a Bid Modification or Bid Withdrawal via email, Bidder must contact ODF’s Single Point of Contact to make arrangements for an alternate format prior to the submission deadline.

2.4 BID OPENING:

A public bid opening will be held “by appointment only”. Bidders who wish to attend a public opening of the bid must notify the Single Point of Contact at least 48 hours prior to bid closing, to allow time for planning.

Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.2 Procurement Schedule or as changed by Addendum. However, the date and time of the public opening may be held at a later date and time, due to safety concerns. Public opening may occur via Zoom video conference, if ODF believes it is in the best interests of ODF staff and bidders to do so. If ODF decides to hold a Zoom conference for the bid opening, bidders will be sent instructions on how to join the meeting. The Bidders who choose to attend (in-person, or via Zoom) will be informed only of the names of Bidders submitting Bids.

Duration of Bid:

Bids must be signed by an official Person authorized to bind the Bidder to its provisions. Electronic signature is acceptable. The Bid must remain valid for at least thirty (30) calendar days after Closing.

2.5 ACCEPTANCE OF BID:

The contents of this Solicitation Document and the Bid of the successful Bidder will become part of the Contract. The Bidder will be held to the terms submitted in its Bid. Failure to meet these obligations will result in rejection.

Disqualification of Bids:

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

Administrative Review:

Bids will be evaluated for compliance with the Bid requirements identified in Section 4 below. Bids deemed non-Responsive will be rejected. Bids deemed Responsive will be further evaluated as described in Section

5.2 below.

2.6 CANCELLATION OF SOLICITATION AND REJECTION OF BIDS; DELAY OR SUSPENSION OF

SOLICITATION:

In accordance with ORS 279B.100, OAR 125-247-0640 and OAR 125-247-0650, the Agency may cancel this Solicitation, or reject any or all Bids in whole or in part, when the Agency determines that such cancellation or rejection is in the Agency’s best interest. The Agency may delay or suspend this Solicitation when the Agency determines that such delay or suspension is in the Agency’s best interest.

3. SPECIFICATIONS – As Described in Attachment 3 (Sample Contract Form), Exhibit A (Statement of Services).

4. BID PREPARATION:

4.1 FORMAT AND CONTENT OF BID:

This section will be scored on a Pass or Fail basis by the Agency. Failure to meet the minimum Bid submission requirements will result in the Bid being deemed non-Responsive. Only those Bids determined as being Responsive to the minimum Bid submission requirements listed below will be considered for further evaluation.

Bid Format:

Bids must be submitted on the forms and in the format required by this Solicitation Document. Any specific forms required for Bid submittal are included as attachments to this Solicitation Document.

Bid Content:

To be considered for Contract award, Bids submitted in response to this Solicitation Document must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to Section 4.2 below.

4.2 BID REQUIREMENTS:

A. Signature Of Bidder’s Authorized Representative Form The Bid must contain a completed

Signature Of Bidder’s Authorized Representative Form (Attachment 1) including a signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts.

Electronic signature is acceptable. The person signing the Bid shall initial any alterations or erasures.

By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon the Agency’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Pricing Submittal The Bid must contain a completed Pricing Submittal Form (Attachment 2). All Pricing Submittals must be valid for thirty (30) calendar days from Closing.

C. Minimum Requirements The Bid must demonstrate the Bidder’s ability to comply with all minimum requirements and specifications of the Work described in Exhibit A, Statement of work:

1) Experience. The Bid must contain information that clearly demonstrates that Bidder has a minimum of three (3) years of professional experience within the past five (5) years successfully providing services that are comparable to those described in this Solicitation Document.

Professional experience must include experience in Mechanical Mastication / Mechanical Thinning.

This experience may be verified by ODF using References.

2) Equipment. Contractor shall provide at least one steel-tracked masticator capable of achieving final specifications as detailed in Exhibit A, as approved by ODF prior to award.

D. References The Bid must contain a completed Bidder References Form (Attachment 4) including a minimum of two (2) references and, with valid contact information for each, from separate firms or clients that may be contacted to verify Bidder’s abilities and experience with respect to goods or services, or both, provided within the past five (5) years demonstrating that the Bidder has a minimum of three

(3) years of experience that are similar in size and scope to those described in this Solicitation Document. These references must be supportive of the Bidder’s ability to comply with the requirements of this Solicitation Document. Professional experience must include experience in Mechanical Mastication / Mechanical Thinning. Failure to provide complete and accurate information may be cause for Bid rejection.

In accordance with ORS 279B.110, the Agency may contact any references (whether or not provided by Bidder) to verify Bidder’s qualifications, abilities, and experience and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Goods or Services described in this Solicitation Document. The Agency reserves the right to reject a Bidder if the references fail to support Bidder’s ability to provide the Goods or Services described in this Solicitation Document.

BIDS:

5.1 BID DETERMINATION:

Bids received by Closing will be evaluated in accordance with the evaluation process described below and pursuant to OAR 125-247-0600, and any other applicable rules and statutes. Bids will be evaluated to make a determination of the number of Bidders, if any, to be awarded Contract(s). This Solicitation Document does not obligate Agency to award a Contract.

Substantial Compliance Required:

Incomplete Bids (e.g. Bids not in substantial compliance with the Solicitation Document requirements) cannot be considered and cannot be supplemented by submissions delivered after the Solicitation Document Closing date and time. However, the Agency may waive minor deviations from the requirements of this Solicitation Document, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

Bidder Availability Clarification of Bids:

During the evaluation process, the Agency may request clarification from Bidder regarding any portion of their Bid. Bidders must remain available during the evaluation period to respond to any requests for clarification that may be needed to complete the evaluation process.

If Bidder receives a request for clarification regarding their Bid, Bidder should respond to the requests in the format and timeframe required by the Agency. If the Agency is unable to contact or receive a requested clarification from a Bidder in a timely manner, it may result in a determination that the Bidder’s Bid is non- Responsive, and the Bid may be rejected.

5.2 RESPONSIVENESS:

Bids received in response to this Solicitation Document will be evaluated for compliance to determine the responsiveness to the minimum Bid submission requirements of this Solicitation Document. Bids deemed Responsive to this Solicitation Document will be further evaluated for cost. Bids deemed non-Responsive to the minimum Bid submission requirements of this Solicitation Document will not be further evaluated and will be rejected.

5.3 PRICING:

For all Responsive Bids, pricing submitted in accordance with the requirements described in Section 4.2.B Pricing Submittal, will be evaluated to determine the Bidders providing the lowest cost.

Applicable Preferences:

In accordance with ORS 279A.120 and 125, the Agency must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal;

(b) Add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides; and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on Attachment 1 whether Bidder is a “Resident Bidder” as defined in ORS 279A.120(1)(b).

6. AWARD PROCESS:

Method of Award:

ODF shall award the Contract on an “All or None” basis to the responsible Bidder submitting the lowest responsive Bid, based upon the following method of calculation: All selected line items will be totaled for a final Bid price. The State reserves the right to withdraw any or all line items from award consideration.

6.1 INTENT TO AWARD ANNOUNCEMENT:

Agency will notify all Bidders via Notice on OregonBuys of its Intent to Award a Contract to the selected Bidder. This announcement will serve as Notice to all Bidders that the Agency intends to award a Contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

6.2 - PROTESTS OF INTENT TO AWARD:

In accordance with ORS 279B.410 and OAR 125-247-0740, a Bidder may protest the Agency’s Intent to Award a Contract if the Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful and the reason for the protest is that:

(a) All lower Bids are non-Responsive;

(b) The Agency has failed to conduct the evaluation of Bids in accordance with the criteria or processes described in this Solicitation Document;

(c) The Agency has abused its discretion in rejecting the protestor’s Bid as non-Responsive; or

(d) The Agency’s evaluation of Bids or its subsequent determination of award is otherwise in violation of ORS Chapter 279A or 279B.

Protest Submission:

Adversely-affected Bidders have within seven (7) calendar days from the Agency’s notice of the Intent to Award a Contract to submit a Written protest. Late protests will not be considered. Protests must be submitted in Writing to the Single Point of Contact identified in Section 1.4. Protests must be identified as protest and identify the ITB number and specify the reason for the protest.

Response to Protest:

The Agency will consider any protest received by the deadline and respond to it in Writing in a timely manner.

6.3 CONTRACT REQUIREMENTS:

Contract Form:

The Bid is an Offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and terms and conditions contained in this Solicitation Document.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 3 (Sample Contract Form) to this Solicitation Document.

Bidder shall not make a Bid contingent upon the Agency’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in Section 2.1 of this Solicitation Document.

Recyclable Products:

Contractor(s) shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

Insurance:

Bidders are encouraged to consult with their insurance agent(s) prior to Bid submission about the insurance requirements contained in this Solicitation Document. Prior to execution of the Contract, the selected Bidder shall provide the Agency certificates and additional insured endorsements of the insurance coverage’s identified in Attachment 3 (Sample Contract Form) Exhibit C (Insurance Requirements) or as otherwise specified in this Solicitation Document.

6.4 FINALIZATION OF AWARD AND COMMENCEMENT OF WORK:

After submission of the required information and insurances identified in the Solicitation Document by the awardee and obtaining all requisite approvals required by the Agency, the Agency may proceed with final award.

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.

6.5 REVIEW OF AWARDED BID FILES:

Most information contained in Bid files are public records and available for review at the Agency office address indicated in Section 1.4 by appointment after the Intent to Award has been issued.

ATTACHMENT 1

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE FORM

THIS FORM MUST BE COMPLETED AND RETURNED WITH BID

**This form shall be signed by an authorized representative of Bidder. Electronic signature is acceptable. Any alterations or erasures shall be initialed by the undersigned authorized representative.

CONTRACTOR DATA:

Bidder shall provide the information requested below, as applicable, including Bidder’s federal tax ID number. Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. ODF may report the information provided to the Internal Revenue Service under the name and taxpayer identification number provided.

Bidder’s Legal Name (tax filing): _______________________________________________________

Mailing Address: ___________________________________________________________________

Citizenship (if applicable): Non-resident alien [ ] Yes [ ] No

Business Designation (check one):

[ ] Corporation [ ] Professional Corporation [ ] Partnership [ ] Limited Partnership

[ ] Limited Liability Company [ ] Limited Liability Partnership [ ] Sole Proprietorship

[ ] Other ___________________________________________

Federal Tax ID: ________________________

Bidder’s Contact Information:

Authorized Representative __________________________________________________________

Phone _____________________________ Fax _____________________________

E-mail __________________________________________________

RESIDENCY INFORMATION

In determining the lowest responsible bidder, and for the purpose of awarding a contract, Oregon law requires a public contracting agency to add a percentage increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

ORS 279A.120.

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the twelve (12) calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a resident bidder. ORS 279A.120(1)(b).

A “Non-resident” bidder means a bidder who is not a “resident bidder” as defined above. ORS 279A.120(1)(a).

a. Check one: Bidder is a ( ) RESIDENT bidder ( ) NON-RESIDENT bidder.

b. If resident bidder, enter your Oregon business address: (physical and mailing address)

c. If a non-resident bidder, enter state of residency:_______________________________________________

d. If a non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If yes, state the preference percentage: _________________%

If yes, but not a percentage of bid price, describe the preference:

If yes, state the law or regulation that allows the preference described (legal citation):

The individual signing on behalf of Bidder hereby acknowledges, attests and certifies individually and on behalf of the Bidder that:

• He/she is a duly authorized representative of Bidder, has been authorized by Bidder to make all representations, attestations and certifications contained in this Bid and all addenda, if any, issued, and to execute this Bid on behalf of Bidder;

• The information supplied by Bidder in this Bid is true and accurate;

• Bidder, acting through its authorized representatives, has completely read and understands all the provisions of the Solicitation, including all attachments and addenda, if any, issued;

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty;

• Bidder is bound by and will comply with all the provisions, requirements, specifications, and terms and conditions contained in the Invitation to Bid and Bid, including all attachments and addenda, if any, issued;

• Bidder agrees to provide all services required to be provided under the Contract in accordance with specifications and requirements, and will comply in all respects with the terms of the resulting Contract upon award;

• Bidder has the available resources, including staffing if applicable, to provide the services in a reasonable timeframe to pursue ODF’s objectives;

• Bidder has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran (as defined in ORS 408.225) as required by ORS 279A.110; and

• Bidder has a written policy and practice that meets the requirements described in ORS 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

• To the best of his other knowledge, Bidder is not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" are those tax laws listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

Signature of Bidder’s Authorized Representative Date

ATTACHMENT 2

PRICING SUBMITTAL FORM

The undersigned submits the following Bid for furnishing all labor, supervision, transportation, equipment, and materials needed to complete Mechanical Mastication Non-Commercial Thinning Services for the Oregon Department of Forestry (ODF) under the Good Neighbor Authority Agreement with the US Forest Service on the Umatilla National Forest, beginning December 1, 2022, and ending October 31, 2024, unless extended.

Bidder’s note: ODF intends to award to the lowest Bidder. Lowest Bid will be determined by the lowest total amount. During the Intent to Award phase of the solicitation, ODF reserves the right to remove acres in order to bring the work within budget. However, removing acreage will not affect the method of award.

PRICING REQUIREMENTS:

• Bidder MUST provide unit pricing for ALL items listed.

• The estimated quantities listed below are not a guarantee of purchase but will be used to determine award. If a Contract is awarded, Agency may request more, or fewer amounts of the quantities described below. Agency may remove entire items. The per acre unit price will apply to any resulting purchase.

• All travel, per diem, transportation and other expenses must be included in the per acre unit price submitted by Bidder. Travel time and expenses to and from job site will not be paid. No move-in, move-out, or demobilization costs will be paid.

• Payment will be made only for work that Agency has inspected and accepted as meeting the terms of the contract and required quality of work.

• Agency reserves the right to award all, part, or none of the Bid items, whichever is in the best interest of the Agency.

• If a contract is awarded, the Agency will award the Contract to the Bidder whose Bid will best serve the interests of the Agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110.

Attachment 2, Continued. Pricing page

See below for Work Activity Bid items.

ITEM

NO UNIT NAME ACRES PER ACRE

UNIT PRICE TOTAL AMOUNT

FUELS REDUCTION UNITS

Mechanical Treatment:

Mastication 359 $__________ $_______________

SIGNATURE ______________________________________ DATE___________________

NAME (Please type or print) __________________________________________________

TELEPHONE NO. ( _ ) TITLE _________________________________

Bidder’s Note- Mandatory Requirements (Provide with Bid):

Experience: Provide a list of completed projects that clearly demonstrates that Bidder has a minimum of three (3) years of professional experience within the past five (5) years successfully providing services that are comparable to those described in this Solicitation Document. Professional experience must include experience in Mechanical Mastication / Mechanical Thinning. Bidders may use the “Sample Work Experience Form” found in Attachment 4 or use their own format to show this experience. ODF may verify experience using references.

References: Fill out and return the References form with your bid, included as Attachment 4.

SIGNATURE ______________________________________ DATE___________________

NAME (Please type or print) __________________________________________________

TELEPHONE NO. ( _ ) TITLE _________________________________

ATTACHMENT 3 – SAMPLE CONTRACT FORM

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF SERVICES

Contract# PO-62900-0000XXXX

Davis GNA Non-Commercial Thinning Umatilla NF

This Contract is between the State of Oregon (“State”) acting by and through the Oregon Department of Forestry ("Agency" or “ODF”), and __________________, ("Contractor"). Agency and Contractor shall collectively be referred to as the “Parties.” This Contract is effective on the date it has been signed by all Parties and all required State of Oregon approvals have been obtained. This Contract expires on October 31, 2024.

The Agency issued an Invitation to Bid (ITB) # S-62900-00004649seeking bids from qualified and Responsible Bidders to provide the Services described in this Contract. Contractor submitted a Bid in response to the ITB offering to provide the Services pursuant to the terms and conditions set forth herein.

The Agency desires to award the Contract to Contractor.

NOW, THEREFORE, in consideration of the foregoing recitals and subject to the covenants, terms, and conditions set forth below, the Parties agree as follows:

1. STATEMENT OF SERVICES.

A. GENERAL INFORMATION. The purpose of this Contract is to establish a Contract to furnish all equipment and labor to perform Mechanical Mastication Non-Commercial Thinning Services for ODF on the Umatilla National Forest. The Contractor will begin this contract on December 1, 2022.

B. REQUIRED SERVICES, DELIVERABLES, DELIVERY SCHEDULE, ACCEPTANCE CRITERIA AND

PROCESS. Contractor shall perform all Services as set forth in the Statement of Work (the “Services”) attached hereto as Exhibit A. Contractor shall perform the Services in accordance with the terms and conditions of the Contract.

C. SPECIAL REQUIREMENTS. See section 7 below, Special Contract Terms and Conditions.

2. COMPENSATION.

A. METHOD OF AND BASIS FOR PAYMENT FOR SERVICES.

Agency agrees to pay the Contractor the amounts specified in Exhibit B (“Compensation”) for Work certified as acceptable in accordance with Sections 7.17 and 7.19 and Section 2 of the Exhibit A (Statement of Work).

B. EXPENSE REIMBURSEMENT.

Agency will not reimburse Contractor for any expenses under this Contract. Travel time and expenses to and from job site will not be paid. No move-in, move-out, or demobilization costs will be paid. Payment will be made only for acres accomplished on the job site.

C. GENERAL PAYMENT PROVISIONS.

i. Agency’s Payment. Agency shall pay Contractor for Services performed and accepted by Agency at the rates and prices specified in Exhibit B of this Contract. Contractor shall look solely to

Agency for payment of all amounts Agency owes to Contractor. Contractor shall not be compensated by any agency or department of State other than the Agency for Services performed.

ii. If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then Contractor shall, upon execution of this Contract, deliver to Agency a completed and signed W-8 form, 8233 form, or W-9 form, as applicable, from the Internal Revenue Service (“IRS”), as evidence that Agency is not required by 26 USC 1441 to withhold part of Contractor's payment. Such forms are currently available at http://www.irs.gov. Agency may withhold payments to Contractor pending Agency's receipt from Contractor of the applicable, completed, and signed form. If Agency does not receive the applicable, completed, and signed form from Contractor, or if the IRS provides notice to Agency that Contractor's information on the form provided is incorrect, Agency will withhold as federal income tax 30% of all amounts Agency owes to Contractor under this Contract.

iii. Available Funding; Payments: The State of Oregon’s payment obligations under this Contract are contingent upon Agency’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its payment obligations under the Contract. Nothing in this Contract is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. Contractor shall not be compensated for Services performed under the Contract by any other State agency or department other than Agency for Services performed.

Agency will only pay for completed Services that have been accepted by Agency.

D. INVOICES.

i. Contractor shall send invoices to Agency no more often than monthly for Services completed and accepted by Agency in accordance with Exhibit A of this Contract and Section 7.19 of this Contract.

Contractor shall include in each invoice:

a. The Solicitation number if any, the Contract number if any.

b. A detailed description of Services performed, including the name or names of the individuals who performed Services and prepared the deliverables to which the invoice applies, the dates Services were performed, all deliverables delivered during the period of the invoices, the rate or rates for Services performed, and the total cost of Services; and

c. The total amount due and the payment address.

ALL BILLINGS/INVOICES SHALL BE DIRECTED TO:

Oregon Department of Forestry ATTN: Mike Billman 611 20th St.

La Grande, OR 97850

ii. Contractor’s claims to Agency for overdue payments on invoices are subject to ORS 293.462.

3. GENERAL TERMS AND CONDITIONS.

A. INTELLECTUAL PROPERTY & OPEN SOURCE; TITLE TO GOODS.

i. Definitions. As used in this Contract, the following terms have the meanings set forth below:

a. “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from Services.

b. “Open Source Elements” means any Work Product subject to any open source initiative certified license, including Work Product based upon any open source initiative certified licensed work.

http://www.irs.gov/

c. “Third Party Intellectual Property” means any intellectual property owned by parties other than Agency or Contractor.

d. “Work Product” means all Services and Goods Contractor delivers or is required to deliver to Agency pursuant to this Contract.

ii. New Works. All intellectual property rights in the Work Product created by Contractor under this Contract shall be the exclusive property of Agency. All Work Product authored by Contractor under this Contract shall be deemed “works made for hire” to the extent permitted by the United States Copyright Act. To the extent Agency is not the owner of the intellectual property rights in such Work Product, Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in such Work Product. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments reasonably necessary to fully vest such rights in Agency. Contractor forever waives any and all rights relating to such Work Product created under this Contract, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

iii. Contractor Intellectual Property. If intellectual property rights in the Work Product are Contractor Intellectual Property, Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, make, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to authorize others to do the same on Agency’s behalf.

iv. Third Party Intellectual Property.