22242_ITB_Lottery Headquaters UPS Replacement.pdf

INVITATION TO BID (“ITB”)

NUMBER: 22242

Lottery Uninterruptible Power Supply (UPS) Replacement

Bid Submission Deadline: Monday, March 10, 2025 Time: 10:00 AM PST

Procurement Analyst: Kent Ehlers Phone: (503) 540-1343

Email: kent.ehlers@lottery.oregon.gov

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

SECTION 1

INTRODUCTION / GENERAL INFORMATION

1.1 Background/Purpose:

The Oregon State Lottery (“Lottery”) is seeking bids (“Bids”) from experienced and qualified contractors to purchase, replace and install an uninterruptible power supply at Lottery Headquarters (“Project”) located at 500 Airport Rd. SE, Salem, Oregon 97301.

The required Services and performance conditions are described in the Scope of Work.

The Oregon Lottery Headquarters building is currently being supported by (2) Eaton 9390-160KW UPS 480 VAC / 3-Phase units needing replacement. Due to a reduction in demand, Lottery is replacing these current units with a 50KW module unit with a 150KW frame utilizing the existing wiring for each of the two UPS units. Units must continue the parallel/redundant format. New batteries and cabinets will be required with the new UPS units.

1.2 Single Point of Contact:

Kent Ehlers (“SPC”) is the only point of contact for this ITB. Any questions or issues that may arise regarding this ITB and associated process must be directed to the SPC using the contact information provided on the first page of this ITB. Lottery’s responses to questions and requests will be through direct letters or Addenda, as appropriate.

LOTTERY IS NOT BOUND BY ANY ORAL INSTRUCTIONS OR INFORMATION

CONCERNING THIS ITB THAT MAY BE GIVEN OUT BY ANY LOTTERY

PERSONNEL TO PROSPECTIVE BIDDERS.

1.3 RESERVED

1.4 Tentative Schedule:

The schedule below is the anticipated schedule for this ITB process. If a specified date, such as the Closing Date, is delayed, the rest of the schedule may be adjusted by the same number of days of the delay. This schedule is provided as a courtesy. The actual schedule may change without notice to potential Bidders. However, Lottery will make any changes to the Inquiry Submission Deadline or to the Bid Submission Deadline by Addendum. All times are listed in Pacific Time.

Event Date Time

ITB Release Date Feb 12, 2025

Mandatory Pre-Bid Conference Feb 25, 2025 10:00 AM

Inquiry Submission Deadline Mar 3, 2025 11:00 AM

Bid Submission Deadline Mar 10, 2025 10:00 AM

Bid Responses Evaluated Mar 13, 2025

Intent to Award Notification (approx.) Mar 13, 2025

Contract Executed (approx.) Mar 28, 2025

1.5 Mandatory Pre-Bid Conference / Walk-through:

All Bidders must attend a MANDATORY Pre-Bid Conference / Walk-through of the

Project site located at 500 Airport Rd. SE, Salem, Oregon 97301 on Tuesday, February 25, 2025, at 10:00am in the Lottery’s Pacific Room. Bids will be accepted only from Bidders who attended the mandatory Pre-Bid Conference.

The Pre-Bid Conference is designed to clarify the information provided in this ITB and provide an opportunity for questions and answers. A site tour of the area(s) affected by this ITB will be provided as part of the Pre-Bid Conference.

No statements of any nature that are made at this Pre-Bid Conference will change this

ITB and they are not binding on Lottery until Lottery issues an Addendum making the change applicable to this ITB. All Addenda will be sent via email by the SPC.

SECTION 2

INSTRUCTIONS TO BIDDERS

2.1 Lottery Procurement Rules and Definitions:

The Oregon Constitution, Oregon Revised Statutes and administrative rules establish the purpose, powers, duties, and procedural regulatory framework applicable to Lottery.

Lottery is subject to the following: Article XV of the Oregon Constitution, sections 4, 4a, 4b and 4c; Oregon Revised Statutes (“ORS”) chapter 461; and Oregon Administrative Rules (“OAR”) Chapter 177, specifically OAR 177-038-0000 through OAR 177-038-0260 (Lottery Procurement Rules) and at OAR 177-037-0000 through OAR 177-037-0070 (Lottery Vendor Disclosure Rules). Each Bidder shall be familiar with these administrative rules and with ORS chapter 461. Lottery Procurement Rules and Lottery Vendor Disclosure Rules are currently accessible at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=4814 Oregon Revised Statutes chapter 461 is currently accessible at https://www.oregonlegislature.gov/bills_laws/ors/ors461.html

2.2 Vendor Security Background Investigation:

This procurement has been classified by Lottery as a General Procurement per OAR 177-037-0000(2). A General Procurement does not require a Vendor security background investigation unless deemed necessary by the Director or the Commission. However, Contractor’s employees and any subcontractor employees performing Services in the Lottery building will be subject to a background investigation performed by Lottery’s Security Section which may include, but may not be limited to, a Law Enforcement Data System (LEDS) background check or completion of forms and fingerprint cards.

2.3 BID PREPARATION:

2.3.1 Bid Format and Contents:

Bids must be typewritten and submitted on the forms provided with this ITB.

Bidders must submit: a) one Attachment B - Bid Form with complete pricing and signed by Bidder’s authorized representative; b) one Attachment C – Minimum Contractor & Subcontractor Qualifications Form; c) one Attachment D – Affidavit of Non-Collusion Form; and d) any addenda that require a signature. Bidder’s authorized representative must sign the Bid and must initial in ink all modifications and erasures made on the Bid.

Bidders must include in the Bid only the information requested and required under this ITB. Bidders must not alter the ITB contents in any manner other than by filling in blanks and providing signatures where required. Lottery may reject any Bid that alters the ITB content in an unauthorized manner.

2.3.2 Product Quality.

Brand names, when used, indicate quality desired. Alternate brands, if allowed (as indicated in the specifications by “or approved equal” or “or approved equivalent”) must be of equal or greater quality, merit and utility as determined in Lottery’s sole judgment.

2.3.3 Method of Bidding.

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

2.3.3.1 Applicability of Prevailing Wages:

The Lottery is exempt from the prevailing wage rate requirements of ORS 279C.800 through ORS 279C.870. PREVAILING WAGE RATES

DO NOT APPLY TO THIS PROJECT.

2.3.4 Completion.

By submitting a Bid, Bidder certifies that the work will be completed according to the completion date and time stated on the Bid Form.

2.3.5 Examination of ITB and Attachments.

It is understood that a Bidder, before submitting a Bid, has made a careful examination of this ITB, including all attachments thereto (“Attachments”), that the Bidder has a complete understanding of the quality and quantity of materials and the character of the work required; and that the Bidder has made a careful examination of the location and conditions of the worksite and the sources of supply for materials.

Bidder is solely responsible for any loss or for any unanticipated costs that may be incurred by the Bidder as a result of the Bidder’s failure to acquire full information about work conditions prior to submitting an offer to perform the work.

2.3.6 Bids are Binding Offers:

Each Bid submitted in response to this ITB is an offer that is binding, valid, and firm for ninety (90) days following the Bid Submission Deadline.

2.3.7 Interpretation of ITB and Attachments. If a Bidder finds discrepancies in, or errors or omissions from, this ITB or the Attachments, or has doubt as to their meaning, the Bidder shall at once notify Lottery. Lottery will then investigate the validity of the claim, and will determine whether an Addendum will be issued (see Requests for ITB Clarification or Change, Questions concerning ITB below).

2.3.8 Inquiries:

2.3.8.1 Requests for ITB Clarification or Change, Questions concerning

ITB:

By submitting a Bid, Bidder agrees that it understands the requirements of this ITB, and that Bidder fully understands the obligations if Bidder were to enter into a Contract with Lottery. Potential Bidders must submit any questions concerning this ITB, requests for change to this ITB and requests for clarification of this ITB (collectively “Inquiries”) to the SPC listed on page one of this ITB. Inquiries must be submitted via email and received by the SPC on or before the Inquiry Submission Deadline stated in Section 1.4. POTENTIAL BIDDERS MUST

CLEARLY LABEL ALL INQUIRIES AS FOLLOWS: “INQUIRIES

REGARDING LOTTERY UNINTERUPTABLE POWER SUPPLY

REPLACEMENT – ITB 22242”.

Lottery will send Inquiries received and Lottery’s responses to those

Inquiries via email. Lottery will not identify the potential Bidders who submitted the Inquiries. Lottery may, but is not required to, accept and address any Inquiries submitted after the Inquiry Submission Deadline.

If a potential Bidder discovers any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in this ITB and fails to notify Lottery on or before the Inquiry Submission Deadline, the Bidder submits its Bid at its own risk.

2.3.8.2 Response to Inquiries:

Lottery will promptly respond to each properly submitted inquiry. Where appropriate, Lottery will issue ITB revisions by Addenda sent via email by the SPC. Lottery may informally respond to questions, but no informal responses are binding on Lottery and no informal responses affect or change the ITB in any manner

2.3.9 Filling in Bid Form.

The Bid response must be made on the form provided in Attachment B – Bid Form. The Bidder may not alter, modify or change the Bid form except as directed by Bid addendum. Any other form of offer is invalid.

Lottery may reject any Bids if they contain any recapitulation or restating of the work to be done, disclaimers, exceptions or other limitations or stipulations.

2.4 BID SUBMISSION

2.4.1 Bid Submission Process and Deadline:

Lottery will only accept electronically submitted Bids. Bids must be emailed to:

Attention: kent.ehlers@lottery.oregon.gov Invitation to Bid (ITB) Number: 22242

Project: Lottery Uninterruptable Power Supply Replacement

All Bids must be in Lottery’s possession no later than the Bid Submission

Deadline specified in Section 1.4. Lottery will reject Bids delivered after the Bid Submission Deadline.

2.4.2 ITB Addenda:

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

THEREBY AGREES THAT IT ACCEPTS ALL RISKS ASSOCIATED

WITH OR RELATED TO ITS FAILURE TO OBTAIN ANY ADDENDUM

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

2.4.3 Reserved.

2.4.4 Bid Modification:

Once submitted, Bids may be modified in writing prior to the Bid Submission

Deadline. Modifications shall be signed by an authorized representative of the Bidder and shall state that the new document supersedes or modifies the prior Bid, and shall be submitted electronic with a subject line of “Modification to Bid #22242” to the SPC as specified in Section 2.4.1. A Bidder’s last Bid submitted replaces and supersedes in its entirety all prior Bids submitted by the Bidder.

2.4.5 Bid Withdrawals:

Once submitted, a Bid may be withdrawn in writing prior to the Bid Submission Deadline. Withdrawals shall be signed by an authorized representative of the Bidder and shall clearly state that it is a request to withdraw the Bidder’s previously submitted Bid. Withdrawal requests shall be submitted electronic with a subject line of “Bid Withdrawal Request, Bid #22242” to the SPC as specified in Section 2.4.1. Bidders may withdraw Bids after the Bid Submission Deadline only in accordance with OAR 177-038-0130.

2.4.6 Cost of Bidding:

Bidder is responsible for all costs Bidder incurs in association with Bid preparation or submission, or both, including but not limited to costs incurred for making necessary studies or designs for Bid preparation and attending the Mandatory Pre-Bid Conference.

2.5 BID EVALUATION AND AWARD:

2.5.1 Non-Responsive Bids:

Evaluation of Bids will be based on minimum requirements established by the specifications and compliance with conditions of the Invitation to Bid. Lottery may reject Bids that are not Responsive as defined in OAR 177-038-0000(33).

2.5.2 Method of Award:

Award shall be made to the lowest Responsive and Responsible Bidder for the Project lump sum price as stated on Attachment B – Bid Form.

2.5.3 Investigation of References and Past Performance:

Lottery reserves the right to investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and employees. The Lottery may postpone the Award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation.

2.5.4 Public Records and Requests for Confidentiality:

All information submitted with a Bid may be a public record and subject to disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, unless an exemption from disclosure under the Oregon Public Records Law applies. Bidders must specifically identify those sections in the Bid the Bidders regard as confidential and briefly explain how and why the information may be exempt from disclosure. Bidders must also include the name, address, and telephone number of the person Bidder authorizes to respond to Lottery’s inquiries concerning the nature of the materials Bidder deems exempt from disclosure. Lottery’s non-disclosure of documents or any portion of a document submitted as part of a Bid may depend on official or judicial determinations based on the Oregon Public Records Law.

2.5.5 Notice of Intent to Award:

Lottery will provide written notice of its intent to Award a Contract once Lottery has determined the Responsible Bidder who submitted the lowest Responsive Bid. Lottery will send this notice via email.

2.5.6 Contract Form:

Lottery’s Contract with the Bidder receiving the Contract Award will be substantially in the form attached to this ITB as Attachment D - Sample Services Contract.

2.5.7 Lottery’s Reservation of Rights:

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

2.5.7.1 Modify this ITB;

2.5.7.2 Extend the Bid Submission Deadline;

2.5.7.3 Determine whether a Bid does or does not substantially comply with the requirements of this ITB;

2.5.7.4 Waive any minor informality pursuant to OAR 177-038-0170.

2.5.7.5 Include in the Contract some or all of the items priced in the Bid; and

2.5.7.6 At any time prior to Contract execution:

2.5.7.6.1 Reject any Bid that fails to comply with all requirements specified in this ITB;

2.5.7.6.2 Reject all Bids and cancel this ITB upon Lottery’s

determination that cancellation is in the Lottery’s best interest; and

2.5.7.6.3 Reject all Bids and cancel this ITB should funds become unavailable for this project.

2.5.8 Bid Results: After Lottery sends its Notice of Intent to Award via email, Bidders may request a written copy of the Bid results by e-mailing a request to Kent Ehlers at kent.ehlers@lottery.oregon.gov. Bidders must include the ITB number in any request.

2.5.9 Protest of Award:

Bidders may protest Lottery’s Award of a Contract by submitting a written protest according to OAR 177-038-0220 within five (5) Days following the date Lottery issues the Notice of Intent to Award. All protests of Lottery’s Award are subject to OAR 177-038-0220.

2.5.10 Construction Contractor’s Board (CCB) Registration Requirements:

Bidder certifies, by signing its Bid, that all parties performing the work described in this ITB possess an active license issued by the Oregon Construction Contractors Board (CCB) before the Bid Submission Deadline. Bids not meeting this requirement will not be considered.

2.5.11 Submittals:

All submittals are due no later than ten (10) Business Days after Lottery issues the Notice of Intent to Award the Contract.

ATTACHMENT A

SCOPE OF WORK

GENERAL

Project Overview and Background. The (2) Eaton 9390-160KW UPS units needing replacement are at the end of life. Capacitors and batteries are due for replacement as well.

UPS loads have been reduced at Lottery and a smaller more efficient unit(s) will support current needs with (2) 50KW module units with a 150KW frame utilizing the existing wiring in parallel/redundant format expandable up to 150KW if future needs arise.

Purpose. Critical Equipment identified supported by the UPS system requires zero down-time in the event of utility power interruptions. Installation and maintenance of the UPS system (components, batteries, etc.) must be performed in a manner that has no opportunity for power failure to the critical equipment.

Remote monitoring (with alarms) must be available to ensure notifications of system outages or activations.

SCOPE OF WORK/SPECIFICATIONS

1. UPS System. Contractor shall supply and install two each of Eaton 93PM UPS 20- 200kw with wiring side car for top entry electrical and seismic kits for both with top air exhaust. 480/277V in, 480/277V (4 wire) System Voltage, 50kW Rated, 150kW Frame Capacity, Standard 97% Efficiency, 99% Efficiency with ESS, Firmware expandable to 150kW, Includes Power Xpert Gateway Card, Industrial Relay Card, and EMP, Includes 7x24 Startup, and manufacturers equipment warranty. For start up UPS shall be on load bank for testing/parallel prior to connected to lottery load.

2. Paralleling UPS. These units' output shall be paralleled to provide uninterrupted power to the Lottery data center in the event of a single UPS failure and during major Preventive maintenance of each unit.

Output synchronization of the UPS units shall remain 100% synchronized through a complete utility power grid outage and emergency generator source connection then back to the utility power grid utilizing the Lottery's existing transfer switch operation and features. See schematic drawings. The power circuitry feeding each UPS input and each UPS output power circuitry shall be sized to accommodate up to 150 KVA of continuous connected load.

3. Batteries / Battery Cabinets. Each UPS shall have a separate battery cabinet Eaton

93PM Lithium-Ion that will have a total of approximately 30 minutes of estimated run time load of 50 KW. Battery buss voltage from each cabinet shall be 480 VDC. This cabinet shall allow for battery maintenance of each battery cabinet individually. Each battery cabinet shall have a DC rated circuit breaker for the purpose of disconnection.

Each breaker shall have an auxiliary contact that will provide remote monitoring notification that battery trouble is present.

4. Maintenance Bypass*. Each paralleled UPS shall have full external maintenance by-pass circuitry that will allow for complete disconnection of either UPS from its input and output power sources for the purpose of major predictive maintenance or catastrophic failure of a single UPS for replacement purposes. See schematic drawings, Attachment E.

5. Static Bypass. Each UPS Unit must have an internal static by-pass switch that will automatically, without load interruption, by-pass systems power around failed electronics within the UPS to the output loads.

6. Battery Charging. UPS units shall have advanced battery charging and management capability with a charging temperature compensation feature. The system must also have the capability of determining the health of the batteries and predict anticipated run time with advance battery failure warning to guide maintenance staff.

7. Output Connection*. The output of the UPS systems downstream (or after the paralleling function) shall feed our existing PDU distribution panel that in turn is connected to two separate PDU units located in the Lottery's data center.

8. Remote Monitoring. Each UPS shall have one network interface card (Currently using predict pulse) that will allow the Lottery to monitor the units through a remote PC on its IP based network system or monitoring company.

9. Critical System Outage. The Lottery's goal is to maintain zero down time of its critical systems and equipment throughout the UPS installation and conversion process. Any down time of UPS connected loads must be predicted, planned and scheduled to accommodate Lottery business needs.

10. UL Listing. All devices, equipment, cabinets, switches, wire, breakers, wire ways, junction boxes, connectors, batteries, battery cabinets, UPS systems, remote monitors, contacts, bypass equipment, transformers and assemblies or any other material required to complete the scope of work for this project shall be UL listed and installed per manufacturer recommendations.

11. Permits. Contractor shall be responsible for obtaining all required permits necessary to complete the project outlined in this Invitation to Bid. Contractor shall also be responsible for obtaining any plans, drawings or professional engineered drawings required to complete the permit process. The cost of permits, plans or any drawings shall be included in the total project cost submitted by Bidder.

12. Contractor Work Area. The Lottery has limited working space indoors and very little covered outdoor space that Contractor can use as a work/assembly area. If requested, the Lottery can make space available for a job trailer that will be close to the UPS work area. Lottery can supply electrical circuits 120/208 VAC to accommodate power needs in the trailer. There are some outdoor un-covered areas close by that could be used also.

13. Demolition. Any demolition of walls or doors required to move equipment in to the UPS room shall be armed in advance. Lottery will make arrangements to have this work completed by their contractor. Any furniture that needs to be moved or dismantled will also be completed by Lottery or its contractor.

All other demolition, including the dismantling of existing UPS equipment, shall be the responsibility of Contractor.

14. Equipment Disposal. Contractor shall be responsible for disposing of all equipment including old batteries from the Lottery's current UPS system.

15. Tools. Contractor shall supply all necessary tools to complete the Work required for this project.

16. Labor. Unless specified elsewhere in this ITB, Contractor shall supply all labor to complete the Work required for this project. The Oregon Lottery does not require prevailing wage.

17. Equipment. Contractor shall supply all devices, equipment, cabinets, switches, wire, breakers, conduit, wire ways, junction boxes, connectors, batteries, battery cabinets, UPS systems, control wiring, control devices, remote display panels, contacts, maintenance bypass equipment, static bypass equipment, transformers, assemblies, UPS output paralleling equipment, three phase output synchronization equipment and any other material required to complete the Work required by this ITB.

18. Licenses. Contractor and all of Contractor's employees shall have and maintain the appropriate electrical licenses necessary to perform the Work required for this project.

Contractor may use apprentice labor as long as the State Of Oregon approved journeyman to apprentice ratio is maintained and the apprentices are licensed.

19. Working Hours. All Work shall be completed between the hours of 7:00am and 4:00pm, Monday through Friday; unless the Work poses a power outage risk to critical data center systems. In this case, the Lottery may require that work be preformed during off hours to minimize the threat to critical systems.

20. Warranty. Contractor shall provide the manufacturers warranty for parts and labor warranty on all equipment and its installation. The Lottery shall immediately notify Contractor of any defect in parts or labor and Contractor shall have fourteen (14) business days to affect a remedy. Warranty costs for parts, labor and any travel shall be the responsibility of Contractor.

21. Corrective Work. Contractor shall complete all Services to Lottery's satisfaction. If Lottery, in its sole discretion, determines that any or all of the Services are unacceptable, Contractor shall correct any such deficiencies in the Services to Lottery's satisfaction without further compensation. Lottery may withhold any payments due Contractor until any or all deficiencies have been corrected to Lottery's satisfaction.

22. UPS Start-up. Contractor shall have equipment manufacturer representative on-site to assist in the shut-down, commissioning and start-up of each UPS unit including load bank testing for redundancy of operations. This may increase the cost of

23. Project Completion. Unless an exception is mutually agreed to by Contractor and

Lottery, Contractor must complete all work by June 27, 2025.

24. Licenses. Contractor shall have and maintain all licenses and certifications necessary to perform the Services required by this Contract. All on-site work shall be performed by licensed electricians. Electricians must have and maintain the correct State of Oregon license for the type of Work being performed. All Work shall be performed in accordance with all applicable city, county, state and federal laws and regulations; including ADA guidelines.

Attachment B

BID FORM

Project: Lottery Headquarters UPS Location: Oregon State Lottery Commission 500 Airport Rd. SE Salem, Oregon 97301

FROM:

___________________________________________________________ BIDDER

___________________________________________________________ ADDRESS

___________________________________________________________ CITY/STATE

___________________________________________________________ TELEPHONE #

___________________________________________________________ FAX #

___________________________________________________________ EMAIL

ADDRESS

The equipment and work contemplated in this Invitation to Bid and the resulting Contract, and in the pricing table below, includes all equipment, labor, tools, machinery, materials, transportation, mobilization/demobilization, fees, permits, taxes and services necessary for, and reasonably incidental to, the completion of all work in connection with the Project described in this Invitation to Bid, including any special conditions, plans, specifications, or supplementals.

Bidder is in compliance with the requirements of, and is registered and bonded with, the State of Oregon Construction Contractor's Board as follows:

Registration classification:

Registration No.:

Expiration Date:

Description Qty/Unit Cost Total Cost Eaton 93PM UPS 20-200kw with lithium batteries and wiring side car

Labor Permits/Fee’s Total Lump Sum

Support/Service and Maintenance Options for 3 year period (this is in addition to manufacturer’s warranty and not included in the bid total for evaluation)

Bidder further agrees:

1. To execute the Contract after receipt of Notice to Proceed; to prosecute the work with diligence to its completion; and to complete the project in its entirety no later than June 27th, 2025.

2. In submitting this Bid, it is understood by the Bidder that the Bid is a “firm offer,” irrevocable, valid, and binding, and may not be withdrawn for a period of ninety (90) days from time of opening.

3. The undersigned has checked all of the above figures and understands that Lottery will not be responsible for any errors or omissions on part of undersigned in preparing this Bid.

Equal Employment Opportunity; Affirmative Action; use of OMWESB.

Lottery is an Equal Employment Opportunity and Affirmative Action employer and encourages its contractors and their subcontractors to follow EEO/AA practices in their performance of Contracts with Lottery. Oregon MWESB certified firms, as defined in ORS 200.055, have an equal opportunity to participate in the performance of contracts financed with state funds. Bidder certifies it will take reasonable steps to ensure an equal opportunity is provided to Oregon certified Minority, Women, and Emerging Small businesses, and businesses that service disabled veterans own, to compete for and participate in the performance of any subcontracted work under the awarded contract. A list of Oregon certified MWESB businesses can be located at: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp

List all Subcontractors Bidder intends to use to complete the work contemplated by this

ITB:

Subcontractor Name:

Address:

CCB #:

MWESB (Yes or No), if Yes, Certification Number:

The undersigned authorized representative agrees and certifies that:

a. The undersigned has read and understands all instructions, specifications, terms and conditions contained in this ITB and has personally inspected and is satisfied with conditions at the Project site, and agrees that the State of Oregon is not liable for any claims or subject to any defenses asserted by Bidder based on, resulting from, or related to, Bidder’s failure to understand all instructions, specifications, terms and conditions of this ITB;

b. The undersigned is Bidder’s authorized representative, that the information provided in this Bid is true and accurate, and that providing incorrect or incomplete information may be cause for Bid rejection or Contract termination;

c. Bidder Is submitting an offer that is binding, valid and firm for a period of no less than ninety

(90) days following the Bid Submission Deadline;

d. The Bid information was arrived at independently, without fraud, other dishonesty or collusion with any other party competing for a contract under this Invitation to Bid.

e. Bidder certifies and agrees that it has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman or emerging small business enterprise, or a business that a service-disabled veteran owns, certified under ORS 200.055.

f. The undersigned accepts and agrees on behalf of Bidder to be bound by the terms and conditions of any resulting Contract between Bidder and Lottery.

The undersigned hereby acknowledges having received and duly considered the following Addenda to this ITB: Addenda No __________ to Addendum No. __________ inclusive.

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

Bidder Address Authorized Signature Date Title of Authorized Representative

Contact Person Phone Fax Email

ATTACHMENT C

EXPERIENCE AND QUALIFICATION

Bidder must provide at least two (2) relevant references, including the name and contact of the reference entity, a brief statement which best describes Bidders capabilities, effectiveness, work quality and cost control on similar completed projects.

Reference #1 Company Name:

Contact Name and Information:

Project Completion Date:

Project Cost:

Project Description:

Reference #2 Company Name:

Contact Name and Information:

Project Completion Date:

Project Cost:

Project Description:

ATTACHMENT D

(SAMPLE CONTRACT)

OREGON STATE LOTTERY

SERVICES CONTRACT

This Contract #________ (“Contract”) is between the State of Oregon, acting by and through its Oregon State Lottery Commission (“Lottery”) and __________________________, (“Contractor”), collectively the “Parties”.

Lottery’s Contract Administrator for this Contract is _____________.

1. Effective Date and Duration.

a. This Contract shall become effective on the date this Contract has been signed by every party hereto, and has been approved by the Attorney General in compliance with applicable law. (“Effective Date”).

Unless terminated or extended, this Contract shall expire upon Lottery’s acceptance of all Services, or __________ XX, 2025 whichever occurs last. Neither expiration nor termination shall extinguish or prejudice Lottery’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in Contractor’s performance that has not been cured.

2. Consideration.

a. The maximum, not to exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $__________.

b. Payments shall be made to Contractor in accordance with the Payment Methodology in Exhibit A.

3. Amendments.

No waiver, consent, modification or change to the terms of this Contract shall bind either party unless in writing and signed by both parties and all approvals by law have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.

4. Definitions.

In addition to the terms defined in this Contract, all other capitalized terms used but not defined in this Contract are defined in OAR 177-038-0000.

5. Statement of Work.

The Statement of Work (the “Services”), including deliverables and the delivery schedule for such Services, if applicable, is contained in Exhibit A, and is attached and incorporated by reference into this Contract. Contractor agrees to perform the Services as specified in Exhibit A and in accordance with the terms and conditions of this Contract.

6. RESERVED.

7. Invoicing and Payment.

a. Submission.

Contractor shall submit one invoice to Lottery upon acceptance of all Deliverables by Lottery. Invoice shall be submitted to: Oregon State Lottery, Attn.: Accounts Payable Dept., PO Box 12649, Salem, OR, 97309; or to Lottery’s electronic mailbox:

lottery.ap@lottery.oregon.gov.

b. Payment Terms.

Lottery’s payment terms are NET 30 days from receipt of an accurate invoice.

c. Late Charges.

Contractor may assess late payment charges to the extent permitted by ORS 293.462.

d. Conditions Precedent to Payment.

As a condition precedent to Lottery’s obligation to pay Contractor, Contractor shall, upon execution of this Contract, deliver to Lottery the applicable Internal Revenue Service form, whether a W-9 form, W-8 form, 8233 form or other similar form, based upon Contractor’s status as a United States person, resident alien or nonresident alien, as those terms are defined in 26 USC §7701. These forms are currently available at http://www.irs.gov. Lottery may withhold payments to Contractor pending Lottery's receipt from Contractor of the applicable, completed and signed form.

e. Invoice Review / Dispute Process.

Lottery will review each invoice within ten (10) Business Days of receipt, and will either approve payment of the amount invoiced or notify Contractor of any errors or disputed charges.

If an error or dispute arises concerning charge(s) on an invoice, Lottery will notify Contractor of the disputed charge. Upon notification of dispute, Contractor shall submit to Lottery documentation to support the amount charged. Lottery will have seven (7) Business Days to consider the validity of the supporting documentation, however, Lottery’s failure to respond to Contractor by the end of the seven (7) Business Day period shall not be deemed Lottery’s acceptance of the documentation and shall not obligate Lottery to pay the disputed amount in full.Lottery, in its sole and absolute discretion, will determine if the supporting documentation provides sufficient justification for the charges set forth in the disputed invoice. If Lottery determines that the supporting documentation is sufficient, Lottery will notify pay Contractor the amount claimed due in the invoice. If Lottery determines the supporting documentation supports payment in an amount less than originally invoiced, Lottery will notify Contractor of the amount Lottery believes is due under the invoice. Contractor may resubmit an invoice for the lesser undisputed amount following Lottery’s review, and Lottery will pay the invoice as set forth in Section 7(b).

8. Independent Contractor; Responsibility for Taxes and Withholding.

a. Contractor shall perform all required Services as an independent contractor. Although the Lottery reserves the right (i) to determine the delivery schedule for the Services to be performed and (ii) to evaluate the quality of the completed performance, Lottery cannot and will not control the means or manner of Contractor’s performance.

Contractor is responsible for determining the appropriate means and manner of performing the Services.

b. If Contractor is currently performing services for the State of Oregon or the federal government, Contractor by signature to this Contract declares and certifies that:

Contractor’s Services to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor’s employing agency (state or federal) would prohibit Contractor’s Services under this Contract. If applicable, Contractor meets the specific independent contractor standards of ORS 670.600. Contractor is not an “officer,” “employee,” or “agent” of the Lottery, as those terms are used in ORS 30.265(1) and (4). Contractor shall have no right or authority to incur or create any obligation for or legally bind the Lottery in any way.

c. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments to Contractor under this Contract and, unless Contractor is subject to backup withholding, Lottery will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations.

Contractor is not eligible for any Social Security, unemployment insurance or workers’ compensation benefits from compensation or payments to Contractor under this Contract, except as a self-employed individual.

9. Subcontracts and Assignment; Successors and Assigns.

a. Contractor shall not enter into any subcontracts for any of the Services required by this Contract, or assign or transfer any of its interest in this Contract, without the Lottery’s prior written consent. In addition to any other provisions the Lottery may require, Contractor shall include in any permitted subcontract under this Contract a requirement that the subcontractor be bound by Sections 7(d), 8, 9,10,11,13, 14, 15, 18, 19, 22,23, 26, 31, and 32 of this Contract as if the subcontractor were the Contractor.

Lottery’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if any.

10. No Third Party Beneficiaries.

Lottery and Contractor are the only Parties to this Contract and are the only Parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

11. Access and Security Background Investigations.

This Contract is a “General Procurement” as defined in OAR 177-037-0000. In accordance with OAR 177-037-0050, Contractor may be subject to a security background investigation performed by Lottery’s Security Section. The background investigation may include, but may not be limited to, the completion of forms that will be provided by the Lottery Security Section and a finger-print check. The Lottery, in its sole discretion, reserves the right to determine the level of Contractor disclosure and security background investigation required under this Contract.

12. Funds Available and Authorized; Payments.

a. Article XV, section 4(4)(d) of the Oregon Constitution provides that Lottery is a self-supporting, revenue raising agency and that no appropriations, loans, or other transfers of state funds shall be made to it. Accordingly, all amounts payable by Lottery under this Contract are the sole responsibility of Lottery, and not the State, and are payable only from: (1) Revenues received by Lottery from lottery games; and (2) other miscellaneous revenues generated by Lottery. Lottery certifies that, as of the effective date of this Contract, sufficient funds are available and authorized for expenditure to finance the costs of this Contract within Lottery’s current financial plan. Notwithstanding this certification, Lottery’s payments under this Contract, together with all of Lottery’s other obligations incurred under ORS 461.510(4), are limited by Article XV, section 4(4)(d) of the Oregon Constitution and ORS 461.500(2). If Lottery’s authority or ability to conduct lottery games is removed or diminished, or if Lottery reasonably determines that expending the amounts payable by Lottery under this Contract would be in violation of the 16% (sixteen percent) limitation under ORS 461.500(2), Lottery may terminate this Contract.

13. Representations and Warranties.

a. Contractor’s General Representations and Warranties.

Contractor represents and warrants to Lottery that:

i. Contractor fully understands and shall perform its obligations under this Contract and shall not make any claims for, or have any rights to relief based on its claim that it misunderstood the terms of this Contract, or lacked information related to its required performance under this Contract.

ii. Contractor is qualified to do business in the State of Oregon and it will take such action as may be necessary to remain so qualified.

iii. Contractor is not in arrears with respect to the payment of any monies due and owing the State of Oregon, or any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and it shall not become so during the term of this Contract.

iv. Contractor shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to its performance under this Contract.

v. Contractor shall procure, at its own expense, all required licenses, certifications, permits, and governmental approvals necessary to perform its obligations under this Contract.

vi. Contractor has the power and authority to enter into and perform this Contract;

vii. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;

viii. The Services under this Contract must be performed in a good and workmanlike manner and in accordance with the highest professional standards; and

ix. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services.

b. Warranties Cumulative.

The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided.

14. RESERVED.

15. Indemnity.

a. CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS AND INDEMNIFY THE

LOTTERY AND THE STATE OF OREGON AND THEIR AGENCIES, SUBDIVISIONS,

OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL

THIRD PARTY CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES,

STATUTORY PENALTIES, COSTS AND EXPENSES OF ANY NATURE

WHATSOEVER RESULTING FROM, ARISING OUT OF, OR RELATING TO THE

ACTS OR OMISSIONS OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES,

SUBCONTRACTORS, OR

AGENTS UNDER THE WORK ORDER CONTRACT, INCLUDING: (I) ANY CLAIM

THAT

CONTRACTOR, A SUBCONTRACTOR, OR CONTRACTOR’S STAFF OR A

SUBCONTRACTOR’S STAFF ARE EMPLOYEES OF THE STATE OR LOTTERY FOR

ANY REASON, AND (II) ANY CLAIM AGAINST THE STATE OR LOTTERY, WHICH, IF

TRUE, WOULD CONSTITUTE A BREACH BY CONTRACTOR OF ANY OF THE

REPRESENTATIONS, WARRANTIES, OR COVENANTS SET FORTH IN THIS WORK

ORDER CONTRACT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,

CONTRACTOR WILL HAVE NO OBLIGATION TO INDEMNIFY LOTTERY OR THE

STATE OF OREGON FROM AND AGAINST ANY CLAIMS, SUITS, ACTIONS,

LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ATTRIBUTABLE

SOLELY TO THE ACTS OR OMISSIONS OF LOTTERY OR THE STATE OF

OREGON, AND THEIR OFFICERS, EMPLOYEES, OR AGENTS.

b. PROVIDED, HOWEVER, THE OREGON ATTORNEY GENERAL MUST GIVE

WRITTEN

AUTHORIZATION TO ANY LEGAL COUNSEL PURPORTING TO ACT IN THE NAME

OF, OR

REPRESENT THE INTEREST OF, THE STATE OR ITS OFFICERS, EMPLOYEES

AND AGENTS PRIOR TO SUCH ACTION OR REPRESENTATION. FURTHER, THE

STATE, ACTING BY AND THROUGH ITS DEPARTMENT OF JUSTICE, MAY

ASSUME ITS OWN DEFENSE, INCLUDING THAT OF ITS OFFICERS, EMPLOYEES

AND AGENTS, AT ANY TIME WHEN IN THE STATE’S SOLE DISCRETION IT

DETERMINES THAT (i) PROPOSED COUNSEL IS PROHIBITED FROM THE PARTICULAR REPRESENTATION CONTEMPLATED; (ii) COUNSEL IS NOT

ADEQUATELY DEFENDING OR ABLE TO DEFEND THE INTERESTS OF THE

STATE, ITS OFFICERS, EMPLOYEES AND AGENTS; (iii) IMPORTANT GOVERNMENTAL INTERESTS ARE AT STAKE; OR (iv) THE BEST INTERESTS OF

THE STATE ARE SERVED THEREBY, CONTRACTOR’S OBLIGATION TO PAY FOR

ALL COSTS AND EXPENSES SHALL INCLUDE THOSE INCURRED BY THE STATE

IN ASSUMING ITS OWN DEFENSE AND THAT OF ITS OFFICERS, EMPLOYEES,

OR AGENTS UNDER (i) AND (ii) ABOVE.

c. IP INDEMNITY. IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF

SECTION A, CONTRACTOR EXPRESSLY AGREES TO, INDEMNIFY, DEFEND AND

HOLD THE STATE OF OREGON AND ITS AGENCIES, SUBDIVISIONS, OFFICERS,

DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL THIRD

PARTY CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND

EXPENSES OF ANY NATURE WHATSOEVER RESULTING FROM, ARISING OUT

OF OR RELATING TO ANY CLAIMS THAT THE GOODS INFRINGE ANY PATENT,

COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK,

UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT (COLLECTIVELY,

“INTELLECTUAL PROPERTY RIGHTS”) OF ANY THIRD PARTY. IF CONTRACTOR

BELIEVES AT ANY TIME THAT THE GOODS INFRINGE A THIRD PARTY’S

INTELLECTUAL PROPERTY RIGHTS, CONTRACTOR MAY UPON RECEIPT OF

LOTTERY’S PRIOR WRITTEN CONSENT, WHICH LOTTERY SHALL NOT

UNREASONABLY WITHHOLD, (I) REPLACE AN INFRINGING ITEM WITH A NON-

INFRINGING ITEM THAT MEETS OR EXCEEDS THE PERFORMANCE AND

FUNCTIONALITY OF THE REPLACED ITEM; OR (II) OBTAIN FOR LOTTERY THE

RIGHT TO CONTINUE TO USE THE INFRINGING ITEM; OR (III) MODIFY THE

INFRINGING ITEM TO BE NON-INFRINGING, PROVIDED THAT, FOLLOWING ANY

REPLACEMENT OR MODIFICATION MADE PURSUANT TO THE

FOREGOING, THE GOODS CONTINUES TO FUNCTION IN CONFORMANCE WITH

THE

SPECIFICATIONS SET FORTH IN THIS CONTRACT. CONTRACTOR’S FAILURE OR

INABILITY TO ACCOMPLISH ANY OF THE FOREGOING SHALL BE DEEMED A

MATERIAL BREACH OF THIS CONTRACT, AND LOTTERY MAY PURSUE ANY

RIGHTS AND REMEDIES AVAILABLE TO IT UNDER THIS CONTRACT, INCLUDING

TERMINATION.

16. Insurance.

Contractor shall have in effect, and maintain throughout the term of this Contract, the following insurance:

a. Workers’ Compensation.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers’ compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements.

b. Commercial General Liability.

Commercial General Liability insurance covering Bodily Injury, Death and Property Damage. It shall include contractual liability coverage for the indemnity provided under this Contract. Contractor shall provide proof of insurance of not less than the following amounts:

$1,000,000 each occurrence for bodily injury and property damage $2,000,000 general aggregate

c. RESERVED.

d. Automobile Liability Insurance.

Automobile Liability insurance with a minimum of $1,000,000 combined single limit for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.

e. Additional Insureds.

The liability insurance policies that Contractor obtains pursuant to this section, except for Professional Liability insurance, shall provide that the State of Oregon, Lottery and their divisions, officers and employees are additional insureds under the policy, but only with respect to the Services provided by Contractor under this Contract.

f. Certificates of Insurance.

As evidence of the insurance coverage required under this Contract, Contractor shall furnish acceptable insurance certificates to Lottery, as requested. The certificates must specify all of the parties who are additional insureds and shall indicate all deductible amounts or retention’s for all self insurance. Insuring companies shall be authorized to sell insurance in the State of Oregon.

Contractor shall be financially responsible for all pertinent deductibles, self-insured retention, and self-insurance

g. Notice of cancellation or change.

Contractor shall not, and shall cause its insurers to not cancel, materially change, reduce limits, or evidence intent not to renew the insurance coverage(s) without 30 calendar days prior written notice from the Contractor or its insurer(s) to the Oregon State Lottery Commission.

17. Termination.

a. Parties’ Right to Terminate by Consent.

This Contract may be terminated at any time by mutual written consent of the Parties.

b. Lottery’s Right to Terminate for Convenience.

Lottery may, at its sole discretion, terminate this Contract, in whole or in part, upon thirty

(30) calendar days’ written notice to Contractor.

c. Lottery’s Right to Terminate for Cause.

Lottery may terminate this Contract immediately upon notice to Contractor, or at such later date as Lottery may establish in such notice, upon the occurrence of any of the following events:

i. If Lottery funding from sales sources is not obtained and continued at levels sufficient to allow for compensation for the Services, in Lottery’s sole administrative discretion, the Contract may be modified to accommodate a reduction in funds; ii. If federal or state laws, regulations or guidelines are modified, or interpreted in such a way that the Services are prohibited, or Lottery is prohibited from paying for such Services from the planned funding source;

iii. If the State of Oregon enacts a statute, a court decision is issued, or an initiative passes that removes the authority or ability of Lottery to conduct lottery games;

iv. If any license or certificate required by law or regulations to be held by the Contractor to provide the Services required by this Contract is for any reason denied, revoked, or not renewed;

v. If any control person, as defined…