299-22 ITB for Flat Creek Fuels Reduction and Wildlife Habitat Enhancement.pdf

ITB # S-63500-00004388 - Flat Creek Hand Thinning and Piling Project ODFW Tracking #: 299-22

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request for Proposals (RFP) under OregonBuys S-63500-00004388 for

FLAT CREEK HAND THINNING AND PILING PROJECT

Date of Issue: September 15th, 2022

Proposal Due Date: Tuesday October 4th, 2022 @ 3:00 PM PDT

Single Point of Contact (SPC): Jake Howard Procurement and Contracts Spec II, OPBC

Address: 4034 Fairview Industrial Drive SE

City, State, Zip Salem, OR, 97302

Phone (voice) 503-947-6130

E-mail: Jake.e.Howard@odfw.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:Jake.e.Howard@odfw.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 ORPIN ......................................................................................................... Error! Bookmark not defined.

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.6 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

Exhibit A (Statement of Work)

Exhibit B (Required Insurance)

Exhibit C (Independent Contractor Certification), and

Exhibit D (Federal Terms and Conditions)

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – OREGON FORWARD CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Fish & Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Services.

The Department of Fish and Wildlife’s John Day Watershed District Office is seeking a Contractor to conduct precommercial thinning of approximately 300 acres at Flat Creek Drainage in the Phillip W.

Schneider Wildlife Area.

The goal of this restoration project is to reduce fuels and enhance approximately 450 acres of mixed conifer forest in the Flat Creek Drainage on the Phillip W. Schneider Wildlife Area. This project will reduce fire danger, increase fire resiliency when fire occurs in the future, and protect important habitats for a variety of wildlife species. This project will also help to reduce the risk of fire for adjacent landowners.

Billing under the resulting contract from this ITB will be paid on a per acre basis. Due to budget limitations all 300 acres may not be awarded.

ODFW anticipates the award of one contract resulting from this ITB. Contract is anticipated to begin in September 2022 on the date of the contract’s issue. All work will end on or before June 15th, 2023, and the final invoice must be submitted no later than June 20th, 2023

1.2 SCOPE OF WORK/SPECIFICATIONS

Objective: Utilize a contractor to reduce fuels by hand on up to 300 acres.

Task: Remove fuels on up to 300 acres within 3 separate units. The unit prescriptions are as follows:

Unit 1:

• Thin trees up to a Diameter at Breast Height (DBH) of 12” to a spacing of 12-18’, with an average spacing of 15’. This spacing was selected to create a 6’ spacing between tree crown foliage.

• Trim remaining ladder fuels to 8’ or 1/3 tree height

• Maintain brush spacing 10’ from connecting fuels

• Remove all Juniper less than 21” DBH.

• Species prioritization o Ponderosa Pine o Western Larch o Douglas Fir o Engelmann Spruce o Grand Fir

Unit 2:

• Thin trees up to a Diameter at Breast Height (DBH) of 12” to a spacing of 12-18’, with an average spacing of 15’. This spacing was selected to create a 6’ spacing between tree crown foliage.

• Trim remaining ladder fuels to 8’ or 1/3 tree height

• Maintain brush spacing 10’ from connecting fuels

• Remove all Juniper less than 21” DBH.

• In aspen stand, thin all conifers with a 16” or less DBH to establish 20’ buffer around stand. Buffer will be flagged.

• In sensitive Mahogany stands, remove all unmarked trees within flagged boundary.

• Species prioritization o Ponderosa Pine o Western Larch o Douglas Fir o Engelmann Spruce o Grand Fir

Unit 3:

• Thin trees up to a Diameter at Breast Height (DBH) of 12” to a spacing of 12-18’, with an average spacing of 15’. This spacing was selected to create a 6’ spacing between tree crown foliage.

• Trim remaining ladder fuels to 8’ or 1/3 tree height

• Maintain brush spacing 10’ from connecting fuels

• Remove all Juniper less than 21” DBH.

• In sensitive Mahogany stands, remove all unmarked trees within flagged boundary.

• Species prioritization o Ponderosa Pine o Western Larch o Douglas Fir o Engelmann Spruce o Grand Fir

Piling specifications for all units:

Piles should not be larger than 6’ in diameter and 10’ in height. Piles shall not be placed on large or tall stumps, down logs greater than 12” small-end diameter, or large rocks. All wood on the ground 10” or larger will be bucked to 10’ lengths and limbed and left as whole wood and limbs will be piled. Piles shall be constructed in such a manner as to easily ignite, combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees. Contractor shall pile all material to the DBH specified scope of work. Piles shall be no closer than 5 feet from any part of a live tree. Piles shall not be constructed in road prisms, ditches, meadows, grass “scablands”, or channel bottoms. Large live shrubs or broad-leafed trees shall not be cut to facilitate pile location(s).

Stump Specifications for all Units: Stumps will be cut to 24” or shorter and cut level.

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)

Mandatory Pre-Bid Conference September 29th, 2022 9:00 AM

Questions and Clarifications Due October 4th, 2022 12:00 PM

Answers to Questions and Clarifications (approximate)

October 5th, 2022 3:00 PM

Addenda published October 5th, 2022 3:00 PM

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

Opening of Bids October 11th, 2022 After 3:00 PM

OregonBuys Notice of Intent to Award (approximate)

October 12th, 2022 12:00 PM

Contract Execution (approximate) October 15th, 2022 8:00 AM

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

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

1.4.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

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

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

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

“COR” means Contracting Officer’s Representative. This is the ODFW employee who works directly with the Contractor and handles all questions, issues, once contract is signed. The COR is also the authorizing authority for release of payment.

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3). Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

2.2 PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247- 0255, and may use any available optional procedures.

2.2.1 PRE-QUALIFICATION PROCESS

Bidder shall submit all attachments, by closing. The information must be delivered to the SPC listed on the cover page, and may be delivered through OREGONBUYS, in person, via mail or emailed to ODF.Bids@ODFW.oregon.gov and must reference the ITB and identify the Bidder’s name.

2.3 PRE-BID CONFERENCE

A MANDATORY Pre-Bid site visit will be held for this ITB. Offerors must sign-in at this pre-bid meeting in order to submit a bid. Bids submitted by Offerors not on the Pre-Bid sign in site sheet will be deemed non-responsive.

The mandatory tour of the purposed project site will occur at 9:00 am (PST) on Thursday, September 29th, 2022. All interested Offerors will need to meet at the Philip Schneider Wildlife Area Headquarters, 45403 Hwy 26, Dayville OR 97825. Offerors may contact ODFW Biologist Daniel Somers, at (541) 138-7972 x87972 for directions if needed.

The purpose of this conference is to explain the ITB requirements and to answer questions. Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.

2.4 OREGON BUYS

2.4.1 The ITB and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

2.4.2 Modifications, if any, to this ITB will be made by written Amendment(s) published in OregonBuys.

The Prospective Bidder is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

2.4.3 OREGONBUYS ASSISTANCE

Parties needing assistance with ORPIN may contact the OREGONBUYS Helpdesk by telephone at 1- 855-5046 or by emailing support.oregonbuys@das.oregon.gov.

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

mailto:ODF.Bids@ODFW.oregon.gov https://oregonbuys.gov/ mailto:support.oregonbuys@das.oregon.gov

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing to the SPC identified on the cover page of this ITB (through OREGONBUYS or emailing jake.e.howard@odfw.oregon.gov are acceptable).

• Reference the ITB #S63500-00004388

▪ 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 ITB.

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 ITB by written Addendum and post to OREGONBUYS. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.6 PROTEST OF ITB

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-047-0270). Agency will not be accepting protests.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

2.8 PROTEST OF ADDENDUM RESERVED

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 MINMUM SUBMISSION REQUIRMENTS

Proposal submission should be electronically through OregonBuys. at: www.OregonBuys.gov

3.2.2 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL OR PARCEL CARRIER Proposals may be submitted by: Mail, or E-Mail, and, addressed as follows:

MAIL:

FLAT CREEK HAND THINNING AND PILING PROJECT

OregonBuys RFP # S63500-00004388

OREGON DEPARTMENT OF FISH AND WILDLIFE

Jake Howard / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302 mailto:jake.e.howard@odfw.oregon.gov http://www.oregonbuys.gov/

E-MAIL:

E-Mail Address: ODFW.Bids@odfw.oregon.gov When e-mailing in bids, Proposers must address the Subject line as follows:

Subject: Bid for OregonBuys ITB # S63500-00004388

3.2.3 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, time stated on the cover page of this ITB. Agency shall not be responsible for any delays in delivery.

**Bids submitted by facsimile (fax) will be rejected**

3.2.4 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature (electronic signature is acceptable), and all required documents must be submitted on or before Closing (date and time). Envelopes must be marked in accordance with Section 3.2.4.

3.2.5 MAILED ENVELOPE

The Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• ATTN: Jake Howard

3.2.6 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 3.2.7.

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

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Oral or telephonic modifications will not be accepted.

3.2.7 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time.

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

mailto:ODFW.Bids@odfw.oregon.gov

3.2.8 LATE BIDS

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

3.2.9 OPENING OF BIDS

Bids will be opened, and the names of all Bidders with their respective bids will be posted on

OREGONBUYS.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure 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 ITB.

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 – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – Oregon Forward Certification/Outreach Plan

• Attachment F – Responsibility Inquiry

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 ITB. 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.

3.3.4 REFERENCES

Bidder must provide three (3) references from similar projects performed for any clients within the last Five (5) years. Information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS RESERVED

3.3.6 KEY PERSONS

Bidder must identify Key Persons and the roles each will serve. Key person(s) for this ITB Include Site Foreman(s) and any Person(s) who will work directly with the COR. Site Foreman(s) information and background must demonstrate experience and expertise related to the specific work.

3.3.7 BID REQUIREMENTS

Bidder must provide all information required in Attachment D of this ITB.

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 ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from the 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. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

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 lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

• Have a Work history involving similar projects as outlined in the scope of work for the past 3-years

• 5 years’ experience in forestry work

• Understand requested services: Use space provided in Attachment C

4.5 REFERENCES

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS RESERVED

4.7 PREFERENCES RESERVED

4.7.1 OREGON SUPPLIES AND SERVICES RESERVED

4.7.2 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

4.7.3 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.

4.7.4 PUBLIC PRINTING

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

4.7.5 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.

4.8 METHOD OF AWARD

4.8.1 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 ITB and in the public interest.

4.8.2 MULTIPLE ITEMS RESERVED

4.8.3 MULTIPLE AWARDS AGENCY WILL NOT BE AWARDING MULTIPLE BIDS.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, Agency will issue a notice of Intent to Award on ORPIN. Bid files are public records and available for review at Agency by appointment.

5.2 INTENT TO AWARD PROTEST

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-047-0270). Agency will not be accepting protests.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 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 ITB. Intergovernmental 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 ITB. 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 ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB 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 ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 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 ITB.

7.4 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 ITB 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 ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 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), ORS279B.225, and ORS279B.270-279B.280)