259989G001 RFQ Final 09182025.pdf

RFQ # 259989G001 Page 1 of 23

State of Oregon

Oregon Military Department

Request for Quote

Solicitation # 259989G001

Biomass Fuel for 2025/2026 Heating Season

Rees Training Center, Hermiston, Oregon

Single Point of Contact (“SPC”): Moya McKeehan, Procurement & Contract Specialist

Address: Rees Training Center

78798 Ordnance Road

City, State, Zip Hermiston, Oregon 97838

Phone (voice) 971-355-7862

E-mail: Moya.L.MCKEEHAN@omd.oregon.gov

QUOTES MUST BE RECEIVED BY September 26, 2025 5:00 PM PT

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Military Department, (“Agency” or “OMD”), is issuing this Request for Quote (“RFQ”) to establish one or more Purchase Orders (“PO” or “Contract”) for Goods.

Rees Training Center (“RTC”) is a National Guard Training Center located within the previous Umatilla Chemical Depot installation boundary near Hermiston, Oregon. RTC has two primary functional areas: cantonment and training. The cantonment area consists of roughly 47 permanent and semi-permanent buildings. Construction dates for these buildings range from the early 1940’s to 2025. The cantonment area provides facilities for troop housing, dining, maintenance, headquarters, administration, and storage in addition to recreation areas.

The training area has approximately 20 buildings and 420 bunkers located within five bunker areas dating back to the early 1940’s as part of the Umatilla Chemical Depot. The Oregon Army National Guard (“ORARNG”) built small-arms firing ranges and range support buildings in 2011.

RTC also has an additional training area at the Naval Weapons Systems Training Facility, located at 76966 Bombing Range Road, Boardman, Oregon (“Boardman Training Site”).

Access for the Boardman Training Site is off Tower Road in Morrow County.

Two (2) biomass boilers were installed at RTC in 2020. To support the 2025/2026 heating season, Agency requires a Contractor to supply and deliver approximately 300 tons of premium grade Biomass Fuel Pellets by November 14, 2025. The intent is for the Contractor to supply and deliver the Biomass Fuel Pellets in complete loads.

Agency reserves the right to 1) adjust the tonnage requested in this RFQ to accommodate complete loads, 2) increase or decrease the tonnage depending on funding availability, 3) process multiple POs under this RFQ to accommodate funding availability, and 4) adjust the delivery schedule. Agency also reserves the right to order additional loads to complete the 2025/2026 heating season from the Contractor awarded the initial Contract.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

Contractor shall supply and deliver approximately 300 tons of premium grade Biomass Fuel Pellets (“Fuel”) in complete loads to an Agency designated area at RTC. Contractor shall package Fuel in super sacks with plastic covers and transport Fuel on pallets for ease of unloading at RTC. Agency personnel will be responsible for unloading the Fuel at the Agency designated area and transfer of the Fuel to the biomass boilers.

Contractor shall schedule delivery of the first load upon receipt of the signed PO and complete delivery of all loads by November 14, 2025 unless Agency requires different delivery dates. Deliveries will be accepted at RTC Monday through Friday between the hours of 8:00 AM and 2:30 PM. Contractor shall provide documentation showing weight of each

RFQ # 259989G001 Page 3 of 23 super sack.

The Fuel must meet the following specifications.

A. FUEL GRADE: Pellet Fuels Institute – Premium Grade

B. BULK DENSITY: 40.0 to 46.0 pounds per cubic foot

C. SIZE:

a. Diameter from 0.23 to 0.285 inch

b. Length greater than 1.50 is less than or equal to 1.0 percent

D. PELLET DURABILITY INDEX: Greater than or equal to 96.5

E. FINES: Less than or equal to 0.5 percent by weight

F. ASH CONTENT: Less than or equal to 1.0 percent

G. MOISTURE CONTENT: Less than or equal to 8.0 percent

H. HEATING VALUE: 8,500 to 8,600 Btu per pound

I. CHLORIDE CONTENT: Less than or equal to 300 parts per million (ppm)

J. NITROGEN CONTENT: Less than or equal to 1,000 parts per million (ppm)

K. SULFUR CONTENT: Less than or equal to 1,000 parts per million (ppm)

SECURITY REQUIREMENTS FOR FACILITY ACCESS AFTER CONTRACT AWARD

RTC is a secure site, and the Contractor shall be responsible for following access control requirements. Upon entry, Contractor’s personnel will be required to show valid photo identification and state reason for entry. Identification must be in compliance with REAL ID regulations effective May 7, 2025 or as revised by the US Department of Homeland Security (https://www.dhs.gov/real-id).

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT DATE TIME (Pacific Time) Questions and Clarifications Due September 23, 2025 12:00 PM

Answers to Questions and Clarifications Due (approximate)

September 23, 2024

Closing (Due Date and time to submit Quotes) See cover page

Contract Execution (approximate) October 7, 2024

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1.4 DEFINITION OF TERMS

For the purposes of this RFQ, unless specifically defined in this RFQ, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.

"Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of the RFQ. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 125-247-0430(2). The plural form of “Addendum” is “Addenda.”

"Agency" or “Owner” means the Oregon Military Department (“OMD”).

“Bid” means the Offeror’s Written offer submitted in response to the RFQ, including all necessary attachments and information required to be submitted prior to award. Bid also means “Offer” or “Quote”.

“Bidder” means an individual, organization or representative of an organization that submits a Bid in response to a RFQ. Bidder also means “Offeror”.

"Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the RFQ for Offer submission, after which Offers may not be submitted, modified, or withdrawn by Offeror.

“DAS” means the Oregon Department of Administrative Services, acting through Enterprise Goods and Services Division, State Procurement Services.

“Offer” means the Offeror’s Written offer submitted in response to the RFQ, including all necessary attachments and information required to be submitted prior to award. Offer also means “Bid” or “Quote”.

"Offeror" means an individual, organization or representative of an organization that submits an Offer in response to the RFQ. Offeror also means "Bidder”.

"OregonBuys" means the on-line web-based eProcurement system administered by the Department of Administrative Services. The OregonBuys website is located at:

https://oregonbuys.gov/bso/.

"Quote" means the Offeror's written offer submitted in response to the RFQ, including all necessary attachments and information required to be submitted prior to award. Quote also means "Offer" or “Bid”.

"Request for Quote" or "RFQ" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Quotes.

“Schedule of Events” means the specific time and dates events relating to this RFQ will occur.

“SPC” means the Single Point of Contact listed on the cover page of this RFQ. All communications related to any provisions of this RFQ shall be directed only to the SPC to ensure every Bidder receives the same information.

"State" means the State of Oregon.

https://oregonbuys.gov/bso/

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“Successful Bidder” means the person(s), organization(s) to which the award is made.

“Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings. Unless a hard copy is specified as required, email will satisfy a Written/In Writing requirement.

1.5 SINGLE POINT OF CONTACT

All questions and requests for clarification about any component of this RFQ, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this RFQ.

SECTION 2: RFQ PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this RFQ pursuant to ORS 279A.050 and OAR 125-246-0170(2).

2.2 PROCUREMENT METHOD

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

2.3 PRE-BID CONFERENCE

A pre-Bid conference will not be held for this RFQ.

2.4 OREGONBUYS

This RFQ, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov/bso/. This RFQ is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. RFQ documents will not be mailed.

2.4.1 REGISTRATION REQUIREMENTS

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso/. For registration assistance, see vendor registration guidance.

2.4.2 EXPLANATION OF TERMS USED IN OREGONBUYS

2.4.2.1 “Amendment” means “Addendum” or “Addenda”, as defined in OAR 125-246- 0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

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2.4.2.2 “Available Date” means the RFP issue date for this RFP in OregonBuys.

2.4.2.3 “Bid Opening Date” means “Closing” as defined in OAR 125-246-0110(26). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

2.4.2.4 “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

2.4.2.5 “Change Order” means a formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

2.4.2.6 “Master Blanket Purchase Order” (“MBPO”) means any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

2.4.2.7 “Purchase Order” means any form of project-specific contract (not awarded under an existing MBPO).

2.4.2.8 “Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

2.4.2.9 “Release Requisition” means any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

2.4.2.10 “Vendor” means any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

2.4.3 DOCUMENTS OUTSIDE OF OREGONBUYS

If an exhibit, attachment or Addendum cannot be viewed or downloaded through OregonBuys, instructions will be noted on OregonBuys on how to obtain the documents.

2.4.4 ADDENDA (REFERRED TO AS “AMENDMENT” IN OREGONBUYS)

Addenda/modifications, if any, to this RFQ will be published in OregonBuys as “Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys (https://oregonbuys.gov/bso/) to determine whether or not any addenda have been issued.

2.4.5 OREGONBUYS USAGE

Proposers unfamiliar with OregonBuys may contact State Procurement Services at the Department of Administrative Services (“DAS-SPS”), 1225 Ferry St. SE – U140, Salem, OR 97301-4285; telephone (503) 378-4642. Proposers may also look for updates about

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OregonBuys on the website: http://procurement.oregon.gov/.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing by email to the SPC identified on the cover page of this

RFQ.

• Reference the RFQ number.

▪ Identify the section number and the passage.

▪ Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section

1.3 of this RFQ.

Questions by telephone are not accepted.

Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency may change this RFQ by written Addendum and post to OregonBuys.

Agency may also informally respond to questions and clarifications. Clarifications, corrections or changes to this RFQ made in any other manner are not binding on the State.

2.6 ADDENDUM

Unless otherwise stated in the RFQ, Agency shall post any Addendum on OregonBuys.

Addendum are incorporated into this RFQ by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4. Bidder is responsible for monitoring OregonBuys regularly until RFQ Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

Any oral communications are considered unofficial and non-binding. Proposers shall rely only on written statements issued by addenda to the RFQ.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 SUBMITTING BIDS

Bidder shall submit their bids through OregonBuys or by email, common carrier, or in person. Bidder shall submit their bids to the SPC identified on the cover page of this RFQ.

Bidder is solely responsible for ensuring its Bid is received at Agency by closing in accordance with the RFQ requirements. Agency shall not be responsible for any delays in http://procurement.oregon.gov/

RFQ # 259989G001 Page 8 of 23 delivery.

3.2.2 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

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

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.1.

• All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Submit modification(s) through OregonBuys or by mail or email on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be properly initialed by Bidder’s authorized representative.

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

3.2.3 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the RFQ number, be signed by the authorized representative and be received by the SPC identified on the cover page of this RFQ prior to the Closing date and time.

3.2.4 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Bids that fail to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this RFQ.

3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Pricing Submittal Form with attached letter of certification

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3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this RFQ. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all RFQ requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. At any time prior to award, Agency may reject a Bidder found to be not Responsible.

4.3 COST COMPARISON

Agency shall award the Contract to the Responsible Bidder submitting the lowest Responsive Bid whose bid substantially complies with the requirements and criteria set forth in this RFQ.

The lowest Responsive Bid will be determined by comparing each Bidder’s price for item 1 on Attachment C.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Bidder must provide a letter of certification with test results showing that the Fuel meets the specifications listed in Section 1.2. Bidder shall attach the certification to Attachment C.

4.5 RESERVED

4.6 PREFERENCES

4.6.1 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

https://www.naspo.org/reciprocity1

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4.6.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.6.3 PUBLIC PRINTING

Agency shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.6.4 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this RFQ and in the public interest. Agency reserves the right to negotiate with the Responsible Bidder submitting the lowest Responsive Bid to clarify the bid or to effect modifications that will make the Offer more Advantageous to the Agency.

4.7.2 RESERVED

SECTION 5: CONTRACT AWARD AND EXECUTION

5.1 After submission of the required information identified in the RFQ by the awardee and obtaining all requisite approvals required, Agency will proceed with issuing one or more Purchase Orders. The Terms and Conditions attached hereto as Attachment A are not negotiable.

5.2 Contractor shall not commence work under the Contract until the Purchase Order has been issued.

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this RFQ. Intergovernmental

RFQ # 259989G001 Page 11 of 23 agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this RFQ. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this RFQ if it would be in the public interest as determined by Agency.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this RFQ become the property of Agency. The submission of a Bid in response to this RFQ grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the RFQ process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this RFQ prior to the Closing identified in Section 1.3.

6.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations if required by this RFQ.

6.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this RFQ at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this RFQ, or rejection of any or all Bids. Unless Agency cancels this RFQ prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

6.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this RFQ are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

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Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to a RFQ is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

6.6 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS 279B.225, and ORS 279B.270-279B.280)

6.7 ADDITIONAL INSTRUCTIONS TO BIDDERS:

PLEASE NOTE THE FOLLOWING:

1. PLEASE DO NOT SUBMIT YOUR OFFER ON THIS RFQ INSTRUCTION FORM. SEE SECTION

3.3.2 FOR FORMS TO BE USED.

2. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS

SOLICITATION. PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE

SUBMITTING YOUR OFFER.

3. THIS CONTRACT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY

FUNDED: YES NO

IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A UNIQUE ENTITY IDENTIFIER (“UEI”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A UEI NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA

THE LINK PROVIDED BELOW:

https://www.sam.gov/SAM/

2. EXCLUDED PARTIES LIST (“EPLS”) SEARCH COMPLETED BY OMD:

THE CONTRACTOR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH

THE EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT.

FOR INFORMATION CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK

PROVIDED BELOW:

https://www.sam.gov/SAM/

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ATTACHMENT A

PURCHASE ORDER (“PO”) TERMS AND CONDITIONS

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STATE OF OREGON – TERMS AND CONDITIONS

Version 5.0 – February 13, 2025

1. DELIVERY: Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warranties following acceptance of the Goods.

2. INSPECTIONS: Agency may inspect and test the Goods and related Services (collectively, “Goods”).

Agency may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, Agency may reject the Goods and cancel the PO in whole or in part. This paragraph does not affect or limit Agency's rights, including its rights under the Uniform Commercial Code, ORS

Chapter 72 (UCC).

3. PAYMENT: Agency will pay Contractor within 30 days from the date the Goods are delivered and accepted, and any applicable invoice is received. Payments are subject to ORS 293.462.

4. REPRESENTATIONS AND WARRANTIES: Contractor represents and warrants that: (i) unless otherwise agreed, the Goods are new, current, and fully warranted by the manufacturer, and

Contractor shall transfer all warranties to the State; (ii) the Goods will comply with specifications and be free from defects in labor, material, and manufacture; (iii) Contractor shall comply with the tax laws of this State and all political subdivisions; and (iv) Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State. All UCC implied and expressed warranties are incorporated in this PO.

5. TERMINATION: (i) Agency may terminate this PO at any time with written notice to Contractor.

Upon receipt of the written notice, Contractor shall stop performance, and Agency shall pay

Contractor for Goods delivered and accepted. (ii) Agency may terminate this PO at any time via written notice if Agency fails to receive funding, appropriations, or other expenditure authority. (iii)

Agency may terminate this PO for cause with written notice to Contractor, if Contractor breaches any PO provision, including the representations and warranties related to liquidated and delinquent debt, or is declared insolvent, (iv) Agency may terminate this PO, if Contractor fails to comply with the tax laws of this State or any political subdivision of this State.

6. REMEDIES: Agency may, at Agency’s option, pursue any or all of the remedies available under this

PO and at law or in equity, including, but not limited to: (i) termination; (ii) suspension of any related

Services (provided, however, Agency may be liable to Contractor for demobilization or remobilization costs); (iii) withholding payment of any or all amounts; (iv) initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or (v) exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to the State’s setoff right, without penalty. These rights and remedies are cumulative to the extent the remedies are not inconsistent and are in addition to any other remedies available at law or in equity. Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

7. INDEMNIFICATION: Contractor shall indemnify, defend, and hold harmless the State and its agencies, their divisions, officers, employees, and agents, from all claims, suits, or actions of any

RFQ # 259989G001 Page 15 of 23 nature arising out of or related to the activities of Contractor, its officers, subcontractors, agents, or employees under this PO. This includes any defects in design, manufacture, materials, or workmanship in any Goods manufactured, sold, or distributed by Contractor, and any failure of such Goods to perform as intended or advertised, including claims for personal injury, property damage, or economic loss arising after the sale or distribution of such Goods.

8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by Oregon law, without giving effect to its conflict of law provisions. Any claim, action, suit, or proceeding between the State and

Contractor that relates to this PO (“Claim”) must be heard exclusively in the Circuit Court of Marion

County for the State of Oregon. If the Claim must be brought in a federal forum, then it must be heard exclusively in the US District Court for the District of Oregon. Contractor hereby consents to the in personam jurisdiction of these courts. Neither this section nor any other provision of this PO is a waiver by the State of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Constitution, or other immunity, from any

Claim or consent to the jurisdiction of any court.

9. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. Agency may terminate this PO without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this PO.

10. INTENDED BENEFICIARIES. The State of Oregon and Contractor are the only parties to this PO and are the only parties entitled to enforce this PO. Nothing in this PO gives any benefit or right to any third persons.

11. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, transfer, or subcontract rights or delegate responsibilities under this PO in whole or in part, without the prior written approval of Agency. This PO’s provisions are binding upon and inure to the benefit of the parties to the PO and their respective successors and assigns.

12. ACCESS TO RECORDS: Contractor shall maintain all records relating to Contractor’s performance

(“Records”) for six years from termination or as otherwise required. Contractor shall maintain all accounting records relating to this PO according to Generally Accepted Accounting Principles

(“GAAP”) and the Governmental Accounting Standards Board (“GASB”). Contractor shall grant the

State and its agencies, the Secretary of State Audits Division, the federal government, and their duly authorized representatives access to the Records, including reviewing, auditing, copying, and making transcripts.

13. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all applicable federal, state and local laws, regulations, executive orders, and ordinances, including as amended, inclusive of: (i)

Titles VI and VII of Civil Rights Act of 1964; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973;

(iii) the Americans with Disabilities Act of 1990; (iv) the Age Discrimination in Employment Act of

1967, and the Age Discrimination Act of 1975; (v) the Vietnam Era Veterans’ Readjustment

Assistance Act of 1974; (vi) ORS Chapter 659; (vii) ORS 279B.020, and 279B.270; (viii) all other applicable requirements of federal and state civil rights and rehabilitation statutes; (ix) all federal and state laws governing the handling, processing, packaging, storage, labeling, and delivery of food products; and (x) all regulations established pursuant to the foregoing laws. Agency’s performance is conditioned upon Contractor’s compliance with 279B.220, 279B.225, 279B.230, and 279B.235, as

RFQ # 259989G001 Page 16 of 23 applicable. All applicable laws, regulations, executive orders, and ordinances are incorporated by reference in this PO.

14. INSURANCE: Contractor shall obtain and maintain the following insurance coverages: (i) Workers’ Compensation: Contractor shall provide and maintain required workers’ compensation coverage in compliance with ORS 656.017, unless exempt under ORS 656.126(2). Contractor shall ensure that its subcontractors, if any, comply with these requirements. If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws, including employers’ liability Insurance coverage with limits not less than $500,000, and shall require and ensure that each of its out-of-state subcontractors complies with these requirements. (ii) Commercial General Liability: Contractor shall provide and maintain insurance covering bodily injury and property damage, written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. This insurance must include personal and advertising injury liability, products and completed operations, and contractual liability coverage for the indemnity provided under this PO. (iii) Automobile Liability: Contractor shall provide and maintain insurance with a combined single limit of not less than $1,000,000 for each accident for bodily injury and property damage, for owned, hired and non-owned vehicles, as applicable. The policy(ies) must name the State of Oregon as additional insured.

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

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

17. SUSTAINABILITY AND RECYCLABLE PRODUCTS: Contractor shall minimize environmental impacts of products to the maximum extent feasible in performance of the PO, including lowering the amounts of embodied carbon and other greenhouse gas emissions, minimizing waste, using energy and water efficiently, fostering habitat and ecosystem restoration and resiliency, minimizing depletion of natural resources, and reducing toxic contamination. Contractor also shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the PO.

These products include recycled paper, recycled PETE products, other recycled products

(ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

18. AMENDMENTS: In order to be effective, any amendment to this PO must be by written agreement of the parties.

19. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

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

21. AWARD TO FOREIGN CONTRACTOR: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of

Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this PO. Agency may withhold final payment under this PO until Contractor has met this requirement.

RFQ # 259989G001 Page 17 of 23

22. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury: (i) the number shown on this form is the correct Federal Employer Identification Number; (ii) Contractor is not subject to backup withholding because (a) it is exempt from backup withholding, (b) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Contractor that it is no longer subject to backup withholding;

and (iii) Contractor complies with and is not in violation of any Oregon tax laws.

RFQ # 259989G001 Page 18 of 23

ADDITIONAL FEDERAL TERMS AND CONDITIONS:

DEFINITIONS:

Contract, means the written agreement between the Owner and the Contractor which describes the Work to be done and the obligations between the parties. A Purchase Order is an Ordering Instrument that once accepted by the Contractor is a

Contract.

Owner or Agency, means the State of Oregon acting by and through the governmental entity identified in the Contract.

MASTER COOPERATIVE AGREEMENT GENERAL TERMS AND CONDITIONS OCTOBER 2023:

The National Guard Bureau (“NGB”) Master Cooperative Agreement (“MCA”) (between NGB and OMD) DOD Component (NGB)

Cooperative Agreement General Terms and Conditions October 2023 (“GT&C”) is incorporated into the Contract and are applicable to all work included in the Project.

The GT&C is available online at https://www.oregon.gov/omd/installations/Documents/NGB%20Cooperative%20Agreement%20GT%26C%20October%202023.pdf.

Per the requirements of Part 3, PROC Article I, Section D and PROC Article III of the GT&C, the following provisions are set forth directly herein:

1.01 Rights in Copyright and Data.

Contractor shall:

(a) Grant the Federal Government a royalty-free, nonexclusive, and irrevocable right to:

(1) Reproduce, publish, or otherwise use for federal purposes any work that is subject to copyright and that the

Contractor develops, or acquires ownership of, under this Contract

(2) Authorize others to reproduce, publish, or otherwise use such work for federal purposes.

(b) Grant the Federal Government the right to:

(1) Obtain, reproduce, publish, or otherwise use data produced under this Contract.

(2)Authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes.

(c) Include the rights described in subparagraphs (a) and (b) of this section in any subcontracts.

1.02 Access to Records.

Contractor grants the State, the federal government, including the National Guard Bureau and its Inspector General, and the

Comptroller General of the United States, and their duly authorized representative’s access to its books, documents, papers, and records that are directly pertinent to and relate to the performance under this Contract that contract, to enable and support audits, examinations, excerpts, and transcriptions.

1.03. Records Retention.

Contractor shall retain all directly pertinent records pertinent to this Contract for three years after final payment and all pending matters are closed.

1.04. Reporting

Contractor shall provide support to Owner in meeting its requirements under the NGB CA Award, including providing any necessary reports or information as requested by Owner.

1.05 Clean Air and Water Requirements.

Contractor shall comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q), Federal Water Pollution Control Act

(33 U.S.C. 1251-1387), and standards, orders, or regulations issued under those acts. In addition, Contractor shall report any violations of the Acts, standards, orders, or regulations to both the Owner, the NGB award administration office and the appropriate regional office of the Environmental Protection Agency.

RFQ # 259989G001 Page 19 of 23

1.06 Non-procurement Suspension and Debarment

Contractor shall comply with and hereby certifies that Contractor is not listed on the governmentwide exclusions in the System for

Award Management (SAM), in accordance with OMB guidance on non-procurement suspension and debarment at 2 CFR part 180, as implemented by NGB regulations at 2 CFR part 1125.

1.07 Byrd Amendment Anti-Lobbying Requirements.

Contractor shall comply with 31 U.S.C. § 1352, as implemented by DoD (NGB) at 32 CFR part 28. Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each subcontractor must certify the same to Contractor. In addition, Contractor and subcontractor(s) must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contractor shall forward all certifications to the Owner.

1.08 Purchase of Recovered Materials

Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery

Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency

(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

1.09. Prohibition on Using Funds under Grants and Cooperative Agreements with Entities that Require Certain Internal

Confidentiality Agreements.

Contractor shall not require employees seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The prohibitions and restrictions of any internal confidentiality agreements inconsistent with these general terms and conditions are no longer in effect. This section does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1.10 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

Section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Public Law 115-232), prohibits the head of an executive agency from obligating or expending loan or grant funds to procure or obtain, extend, or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems prohibited systems as identified in section 889 of the NDAA for FY 2019.

In accordance with 2 CFR 200.216 and 200.471, Contractor is prohibited from obligating or expending funds received under this

Contract to:

Procure or obtain;

Extend or renew a contract to procure or obtain; or

Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

RFQ # 259989G001 Page 20 of 23

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered Foreign Country means the People’s Republic of China. Telecommunications Cost means the cost of using communication and telephony technologies such as mobile phones, land lines, and internet. Do Not Contract with the Enemy (2 CFR 183)

1.11. Nondiscrimination Requirements.

By accepting funds under this Contract, Contractor certifies that it will comply with applicable provisions of the national policies prohibiting discrimination:

(a) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by Department of Defense (DoD) regulations at 32 CFR part 195.

(b) On the basis of gender, blindness, or visual impairment, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DoD regulations at 32 CFR part 196.

(c) On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as implemented by Department of Health and

Human Services regulations at 45 CFR part 90.

(d) On the basis of disability, in the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.

(e) On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) related to physically handicapped persons’ ready access to, and use of, buildings and facilities for which federal funds are used in design, construction, or alteration.

1.12. The Infrastructure Investment and Jobs Act (“IIJA”). Pub. L. No. 117-58, which includes the Build America, Buy

America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52.

The Act strengthens Made in America Laws and will bolster America’s industrial base, protect national security, and support high-paying jobs. The Act requires that the head of each Federal agency shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

1.13. Fly America Requirements.

Contractor shall comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118, also known as the "Fly America” Act), as implemented at 41 CFR 301-10.131 through 301-10.143. The law and regulations provide that

U.S. Government-financed international air travel of passengers and transportation of personal effects or property must use a U.S.

Flag air carrier or be performed under a cost-sharing arrangement with a U.S. carrier, if such service is available. Contractor shall include the requirements of the Fly America Act in all subcontracts that might involve international air transportation.

1.14. Cargo preference for United States flag Vessels.

Contractor shall comply with the Department of Transportation regulations at 46 CFR 381.7(b) and at least 50 percent of equipment, materials or commodities purchased or otherwise obtained with federal funds under NGB CA awards, and transported by ocean vessel, shall be transported on privately owned U.S.-flag commercial vessels, if available.

RFQ # 259989G001 Page 21 of 23

ATTACHMENT B — BID COVER SHEET

RFQ No. 259989G001

Legal Name of Bidder (printed):

Address: City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

Oregon Secretary of State Business Registry Number (if required):

UEI Number: _________________________________________________________________

Any individual signing below hereby certifies he/she is an authorized representative of Bidder and that:

1. Bidder understands and accepts the requirements of this RFQ. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in Attachment A, as modified by Addenda, if any.

2. Bidder acknowledges receipt of any and all Addenda to this RFQ.

ADDENDA:

No.______to No.________ inclusive

3. If awarded a Contract, Bidder agrees to comply with all provisions of the RFQ and meet the performance standards set forth in the Contract.

4. Bidder has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

5. I have knowledge regarding Bidder’s payment of taxes and by signing below I hereby certify, to the best of my knowledge, Bidder is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a service-disabled veteran owned business, or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

Agency may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has…