2022 Seedling Cooler Storage Services ITB_FINAL~1.pdf

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

Seedling Cooler Storage Services

OregonBuys Opportunity No. S-62900-00004433

S-62900-00004433 – 2022 ODF Seedling Cooler Storage ITB

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 - RESERVED

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 FORM

ATTACHMENT 5- PICTURES OF SEEDLING RACKS AND SEEDLING BOXES

1. GENERAL INFORMATION:

1.1 PURPOSE OF SOLICITATION AND SCOPE OF SERVICES:

Purpose of Solicitation:

The purpose of this Invitation to Bid (ITB) is to establish a Price Agreement to furnish all equipment and labor to perform tree seedling cooler/freezer services for the Oregon Department of Forestry (ODF) in Northwest Oregon. The successful low bidder(s) will begin this contract with an estimated start date of December 15, 2022, with all services to be completed by April 15th, 2023. The initial term of the awarded Contract is intended to be one (1) year, but may be amended for two (2) additional one (1)-year terms.

The maximum term of the Contract will not exceed three (3) years. The resulting maximum contract term will extend until September 1, 2025.

During the initial Contract, the Contractor shall supply freezer or cooler storage for up to 2.2 million seedlings nursery tree seedlings that is capable of maintaining air temperatures of 28℉ to 36℉ (-2℃ to +2℃) throughout the storage facility for 3-4 months between December 15th 2022 and April 15th 2023.

The facility will be located in the Willamette Valley and be accessible with a truck with a 53’ trailer.

Contractor must ensure freezer/cooler storage will accommodate seedling numbers that may range anywhere from 100,000 to 2,200,000, with up to 2.2 million to be stored at any given time,. ODF estimates that there could be around 20 - 50 loads in and out of storage in the planting season (December 15th - April 15th of each year). Some loads of seedlings may go directly from the nursery to the districts, which would not require seedling storage services. The decision to use the facility as freezer or cooler storage is at ODFs discretion.

The estimated services required 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.

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. 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.

The final statement of work will be negotiated with the selected Contractor(s) and set forth in Exhibit A of the Contract. The contract may be amended for extension of time, deliverable quantities, not to exceed amount, geographical extent, and workload each year. As a result of this solicitation process, the Agency intends to award a single Price Agreement, or multiple Price Agreements for the Services described in this Solicitation Document. The form of the resulting Price Agreement and applicable general provisions are included in Attachment 3 (Sample Contract Form). 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;

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

Procurement Authority and Method:

The Agency is procuring the seedling cooling/freezing storage services pursuant to its authority under ORS 530.050(4), utilizing a Competitive Sealed Bidding in accordance with OAR 137-047-0255.

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: ......................................... September 21, 2022 Deadline for Inquiries (Protests and Requests for Clarification): ......... September 29, 2022 Closing/Bids Due/Opening:…………………………………………...October 6, 2022 3:00 PM PT

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.

“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 State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies.

“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.

"Price Agreement" means this agreement between ODF and Contractor for the procurement of Services, including the ITB and any Addenda, exhibits, amendments and any applicable statutes, rules, policies or documents incorporated by reference into either the ITB or the Price Agreement. Price Agreement means that an indeterminate amount of work may be added to this agreement at the unit prices awarded to the lowest responsive, responsible bidder.

“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.

“Written” or “Writing” means conventional paper documents, whether hand written, 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

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 125-246-0500, 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 137, Divisions 046 and 047.

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

(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.

mailto:support.oregonbuys@das.oregon.gov

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 three

(3) 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 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, but in-person interactions between staff and the public will be by appointment only. 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 may 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 may 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. 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 137-047-0640 to OAR 137-047-0660, 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. Contractual Acceptance Form

The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an electronic signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. 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 comply with all minimum requirements and specifications of the Work. ODF will schedule a pre-award facility inspection with the lowest bidder to determine responsiveness to facility requirements. These will be evaluated on a pass/fail basis. Failure to meet these requirements may result in bid rejection and ODF moving to the next lowest bidder.

Requirements to be evaluated at a pre-award facility inspection include but are not limited to the following:

1) Size. Freezer or cooler storage facility shall be able to accommodate up to 2.2 million nursery tree seedlings at any given time; and must be capable of maintaining air temperatures of 28℉ to 36℉ (-2℃ to +2℃) throughout the storage facility.

2) Facility Location. The facility must be located in the Willamette Valley and be accessible with a truck with a 53’ trailer.

3) Available Thawing Space. If the facility does not have adequate space to thaw seedlings indoors (in a cooler), Contractor must have adequate space outdoors for seedling thawing.

Outdoor thawing space must include space for 300 racks in a covered area, which is protected from weather and sunlight. Area would preferably be “north-facing”.

4) Overall suitability of the facility. ODF may consider other factors related to the overall suitability of the facility to meet seedling cooler/freezer storage needs of ODF.

D. References The Bid must contain a completed Bidder References Form (Attachment 4) including a minimum of three (3) 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 and/or services 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. Reference experience may be in cooler storage of crops other than forest tree seedlings.

These references must be supportive of the Bidder’s ability to comply with the requirements of this Solicitation Document. Failure to provide complete and/or accurate information may be cause for Bid rejection.

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 137-047-0600, 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.

In accordance with Section 4.2 (C), ODF will schedule a pre-award facility inspection with the lowest bidder to determine responsiveness to facility requirements. These will be evaluated on a pass/fail basis.

Failure to meet these requirements may result in bid rejection and ODF moving to the next lowest bidder.

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 Price Agreement on an “All or None” basis to the responsible Bidder submitting the lowest responsive Bid (Grand Total), based upon the following method of calculation: Total prices for Bid Item(s) 1 and 2 will be added to create a Monthly Total. The Monthly Total will be multiplied by four (months) to create a Grand Total. The State reserves the right to withdraw any or all items from award consideration. The Grand Total for Items 1-2 will be used for award purposes only to determine the storage facility with the lowest bid and most advantageous to Agency. Hours for “Management Fees” are for informational purposes and are not considered part of the Method of Award.

6.1 INTENT TO AWARD ANNOUNCEMENT:

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

6.2 - PROTESTS OF INTENT TO AWARD:

In accordance with ORS 279B.410 and OAR 137-047-0740, 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 five (5) calendar days from the Agency’s notice of the Intent to Award a Contract to submit a Written protest via email to Single Point of Contact. Late protests will not be considered. Protests must be submitted in Writing via email 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 via email 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 after the Intent to Award has been issued by contacting Single Point of Contact.

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. 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 Price Agreement 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; and

• Bidder has a written policy and practice that meets the requirements described in HB 3060 (2017) Oregon Laws, chapter 212, of 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 equipment and labor to perform tree seedling cooler/freezer services for the Oregon Department of Forestry (ODF) in Northwest Oregon. The successful low bidder(s) will begin this contract with an estimated start date of December 15, 2022, with all services to be completed by April 15th, 2023.

Bidder’s note: ODF intends to award to the lowest Bidder. Lowest Bid will be determined by the lowest total amount.

PRICING REQUIREMENTS:

• Bidder MUST provide pricing for ALL items listed.

• Bidder must provide a facility fee for their cooler/freezer storage area based on price per square foot.

This rate must include all utilities and other costs needed to run the Facility, other than personnel costs. The total for Item 1 will be used for award purposes only. Agency will use actual square footage of the awarded facility needed in the resulting Contract.

• Bidder must provide a flat rate for the Management Fee and hourly rates for the personnel listed.

These hours are estimated and will be used for award purposes only. This estimate is non-binding and ODF will determine the quantity of these services needed.

• The total Bid price for determining award will be calculated by adding the facility fee to the flat Management Fee to determine the total amount. Award will be made to the lowest Responsible and Responsive Bidder for the Grand Total (based on 4 months of services anticipated).

• 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(s) 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 (cont’d)

Facility Fee: Cooler Freezer Storage Fee (must include all costs, including utilities):

1. $_______ Per Square foot x 10,000 sq ft = Total per month (for award purposes) $____________

Actual Square footage of storage facility needed to accommodate 2.2 million seedlings______________

2. Management Fee (hourly personnel cost for load/unload trucks, updating inventories, cost of equipment needed load/unload-these hours per month are for award purposes only, in order to determine the lowest bidder. Actual hours of Management services may vary per month as needed.): Flat fee per month $____________________________

Forklift Operator Hourly Rate (estimated 30 hrs per month- not used in award calculation) $_______

Inventory/Support Personnel Hourly Rate (estimated 20 hrs per month- not used in award calculation) $______

Monthly Total (Add Items 1 and 2)= $______________

Total per month x 4 Months= Grand Total $______________

SIGNATURE ______________________________________ DATE___________________

NAME (Please type or print) __________________________________________________

TELEPHONE NO. ( _ ) TITLE _________________________________

S-62900-00004433 Seedling Cooler/Freezer Storage ITB

ATTACHMENT 3

SAMPLE CONTRACT FORM

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF SERVICES

(“Contract”)

This Contract is between the State of Oregon (“State”) acting by and through the Oregon Department of Forestry ("Agency"), and (Insert Contractor’s name here; if Contractor is a corporation, add the state of incorporation, e.g.: ACME Widget Company, a Delaware corporation) ("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 September 1, 2023, unless extended or terminated in accordance with terms herein.

The Agency issued an Invitation to Bid (ITB) # S-62900-00004433 seeking 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 furnish all equipment and labor to perform tree seedling cooler/freezer storage services for the Oregon Department of Forestry (ODF) in Northwest Oregon. The successful low bidder(s) will begin this contract with an estimated start date of December 15, 2022, with all services to be completed by April 15th, 2023.

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 Section 1.12 and Section 1.13 of 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 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. 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: John Walter 2600 State Street Salem, OR 97310

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.

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