323-26 ITB for High Desert Sage Steppe Habitat Restoration with Attachments.pdf

STATE OF OREGON ACTING BY AND THROUGH ITS

Department of Fish and Wildlife is issuing this Invitation to Bid (ITB) under

OregonBuys Bid S-63500-00018257 for

HIGH DESERT SAGE STEPPE HABITAT RESTORATION

Date of Issue: 10/26/2026

Bid Opening Date and Time (Bid Due Date): 11/25/2026, Time 2:00 PM

Single Point of Contact (SPC): Jake Howard, Procurement Specialist III

Address: 4034 Fairview Industrial Dr. SE

City, State, Zip: Salem, OR 97302

Phone (voice): 971-600-4697

E-mail: jake.e.howard@odfw.oregon.gov

If you require accommodation to participate in this Invitation to Bid, including auxiliary aids, services, or language assistance, please contact the SPC. ODFW will make all reasonable accommodations at no cost to you.

mailto:jake.e.howard@odfw.oregon.gov

High Desert Sage Steppe Habitat Restoration ODFW Tracking #: 735-323-26

OregonBuys # S-63500-00018257

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 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM .....................................................................................................................................Error! Bookmark not defined.

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

4.6 Reserved ...........................................................................................................................................Error! Bookmark not defined.

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD ........................................................................................................................ Error! Bookmark not defined.

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY .......................................................................................................................................Error! Bookmark not defined.

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 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

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION ............................................................Error! Bookmark not defined.

7.6 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – DISCLOSURE EXEMPTION AFFIDAVIT (must be returned with Bid)

ATTACHMENT C – REFERENCE CHECK FORM (must be returned with Bid)

ATTACHMENT D – BID SUBMITTAL FORM (must be returned with Bid)

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN (must be returned with Bid)

ATTACHMENT F – RESPONSIBILITY INQUIRY (must be returned with Bid)

ATTACHMENT G – PROJECT AREA MAPS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through its Department of Fish and Wildlife, (ODFW or “Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for removing encroaching junipers to decrease wildfire risk and improve habitat for mule deer, greater sage grouse and other sage steppe dependent wildlife.

ODFW and the Prineville District Bureau of Land Management (BLM) collaborated in 2022 to secure funding to provide funds in support of juniper removal on BLM lands south of Hwy 20 near Brothers, OR. These lands were treated previously through an initial entry to remove encroaching junipers to decrease wildfire risk and improve habitat for mule deer, greater sage-grouse, and other sage steppe dependent wildlife species. Most units were treated 10-15 years ago, and are now in need of retreatment, primarily targeting juniper that resprouted or have newly emerged. The bulk of the treatment area is considered “Phase 1” juniper encroachment.

The Agency will be using federal funds for this project. Additional Terms and Conditions will apply.

See Attachment A (Sample Contract), Exhibit C (Special Terms and Conditions) for the additional requirements.

ODFW anticipates awarding one contract from this ITB. ODFW has established a fixed amount of funding available for this project. The total acreage to be treated under the resulting contract will be based on the Bidder’s unit price and the total funds available.

Work must be completed by June 30, 2027, with all invoices for completed work received by July 31, 2027.

1.2 SCOPE OF WORK

Work will be the complete removal of western juniper (Juniperus occidentalis) up to approximately 5,693 acres of BLM land south of U.S Highway 20 near Brother, OR. The acreage needing treatment has been divided into 10 separate units. Maps of the project area and unit locations are illustrated in Attachment G.

All cutting, piling, and covering of piles will be performed by hand. Contractor will comply with the following instructions while performing the work.

HAND SEVERING AND LOPPING PRESCRIPTIONS:

Hand sever and lop all western juniper trees (live and dead with no set limit in diameter); and all other conifers below 9 inches Diameter at Breast Height (DBH), except for the trees that meet the following specifications.

Severing:

• Trees with tags, blazes, flagging or paint marks (unless otherwise directed by ODFW);

• Trees with cavity nests or stick nests;

• Trees that have fence wire attached; these trees can be cut at fence post height depending on if it is within the diameter limit of 9 inch. DBH.

• Trees with two or more Old Growth characteristics of;

o Trees that do not have the typical “cone” shape of younger trees. Instead, they have large spreading, irregular shaped crowns that are often rounded or flat topped.

o Bark with thick, fibrous well developed vertical furrows;

o Dead branches or tops, bark missing, often with abundant yellow or light green lichen;

o Large horizontal lower limbs, often twisted;

o Decay and/or hollow areas on main trunk;

o Leader growth in the upper ¼ of the tree usually less than (<) 1 inch

• Trees near any facility (such as fences and roads) shall be directionally felled to avoid damaging or interfering with the function of these facilities.

Surplus Vegetation

All surplus vegetation shall be completely severed from the stump. In a manner to minimize damage to trees left standing.

Stump height

• Stump height shall be as flush to the ground as possible without damaging contractor’s equipment.

• Stumps shall not exceed 8 inches measured on the uphill side

• On slopes, flush cut stumps at the same angle of the slope.

• No live limbs will be left on the stumps of any severed surplus vegetation.

• Severed trees or brush lodged in or covering a leave tree shall be dislodged or removed.

Slash

• Slash shall be moved at least 2 feet away from the drip line of any conifer leave tree, unless a pullback sub-item is listed in the task order.

• All slash shall be moved at least 10 feet back from the edge of roads and property boundaries between government and private land. Contractor will ensure this is performed daily , before the crew leaves the project area. Slash shall not be left along any roadway.

• All slash shall be removed at least 10 feet from the road cut on the upper side and ten 10 feet from the road shoulder on the lower side. All road cut banks or fill slopes over 35% slope, shall have a 10-foot buffer no-treatment area.

• All roads designated on the project map(s) shall be kept free of slash.

• All fences shall be kept free of cut trees concurrently with thinning. Leave all pine trees to which a fence is attached. Any damage to fences resulting from this project shall be fixed by the Contractor, at the Contractor’s expense, on the same day that the damage occurred.

• Slash shall be lopped to the extent that is within 48 inches of the ground or below the existing shrub height, whichever is lower, at all points. All top limbs and all limbs that extend above 48 inches of the ground or above existing shrub height, whichever is lower, must be severed flush to the bole of the cut trees. No scattering of the cut material is necessary except that all slash shall be a minimum of 2 feet from drip lines of leave trees.

• For all treatments, the central stem length shall not exceed 8 feet, unless otherwise specified in the task order for longer lengths.

Leave trees

• Leave trees shall not be cut or damaged.

• Leave trees for wildlife, cultural and other resources are marked with lime green flagging if located in a unit. DO NOT CUT.

MITIGATION MEASURES & RESTRICTIONS:

Wildlife

Within Greater Sage-Grouse (GRSG) habitat (shown in Exhibit G), cutting of juniper can occur within

4.0 miles of an occupied or pending lek during the breeding season from two hours after sunrise and two hours before sunset; this timing stipulation is in effect from March 1 to June 30. This stipulation applies to all units except for portions of Units 1, 2, 5a, 4, and all of Units 2a and 5b.

Avoid cutting trees, which have cavity nests (holes for nesting) or stick nests

Locate base camps, spike camps, coyote camps, or other temporary infrastructure in areas that lack invasive plant populations.

Clean up refuse and eliminate subsidized food sources for GRSG predators.

Power-wash all vehicles and equipment involved in land and resource management activities prior to entering the project area to minimize the introduction and spread of invasive plant species.

Work shall not occur from December 1 to April 30 due to a seasonal closure for game winter range (deer, elk, & pronghorn) unless an exception request is granted. Exceptions to this stipulation are generally for one to two weeks.

Project activities would not be allowed from March 1 through August 31 within ¼ mile of raptor nests. This stipulation applies for only portions of Units 2 & 3 unless an exception request is granted.

Work may continue if monitored by an approved ODFW or BLM Wildlife Biologist or Natural Resource Specialist documents that the nest is unoccupied, fledged, or failed for the season.

Noxious Weeds and Invasive Plants – Machinery working in the project area is required to be clean and free of soils, seeds and plant parts before being moved into the project area and upon completion of the project. Vehicle use associated with this project would be restricted to existing roads.

Archeology - If a cultural site(s) is discovered, Follow the INADVERTENT DISCOVERY PLAN (Attachment A Exhibit G).

Soil - Avoid driving on any roads other than existing routes within the project area unless otherwise directed.

Travel - Stay on designated routes and do not cross private lands unless BLM has permission from the landowner(s). Respect private property boundaries, only cut and fall trees on public lands. Don’t access units through private property unless approved by ODFW.

Fire Restrictions - Monitor for and abide by current Industrial Fire Precaution Levels (IFPL) set by Prineville District BLM. Current IFPL and associated restrictions can be found here:

https://www.fs.usda.gov/r06/deschutes/fire/info/industrial-fire-precaution-levels

Timeline – Wok must be completed by June 30, 2027.

Avoidances

Unit Priority Order for Completion

Acreage Big Game

(12/1-4/30)*

Raptor (3/1-

8/31)*

Sage Grouse (3/1-

6/30)

1 55 X X (partial)

2 1247 X X (partial) X (partial)

2a 9 X

2b 28 X X

5a 529 X X (partial)

5b 340 X

6 993 X X

3 1374 X X (partial) X

3a 38 X X

4 1080 X X (partial)

*An exemption request may be submitted to ODFW/BLM to complete work during these times. Exemptions will only be granted if BLM determines there will be no or minimal affect to impacted species.

TASKS:

Contractor will:

1. Attend pre-project meeting prior to starting any project work .

2. Complete removal of western juniper following the specifications above for all units listed;

treatments must meet the approval of BLM before any payments will be issued.

3. Wash all equipment prior to entry into the treatment units to remove all invasive or noxious weeds, including invasive annual grasses.

4. Notify ODFW when work is anticipated to begin and provide status updates at a minimum once weekly to ODFW.

5. Abide by all treatment timing and location restrictions, as provided by ODFW.

6. Complete all juniper removal activities per the specifications by June 30, 2027.

7. Monitor for and abide by all current Industrial Fire Precaution Levels set by the Prineville District BLM. Status updated can be checked here:

https://www.fs.usda.gov/r06/deschutes/fire/info/industrial-fire-precaution-levels

8. Agree to coordinate with the adjacent private landowner to complete the 205 acres of private land juniper removal, which will be detailed through a separate contract/agreement between the contractor and the private landowner.

ODFW will:

1. Schedule and attend kick off meeting prior to start of Project Work.

2. Provide contractor with unit maps, showing any entry restrictions based on wildlife presence and use (ex. Greater sage-grouse leks, raptor nests, etc.- proximity to, timing restrictions, etc.).

(Exhibit G).

3. Inspect and accept all work has been complete.

https://www.fs.usda.gov/r06/deschutes/fire/info/industrial-fire-precaution-levels

4. Coordinate with Prineville District BLM to ensure that treatments meet BLM specifications.

5. Provide payment for work completed and certified no more than once monthly.

6. Coordinate with the contractor and the adjacent private landowner to complete 205 acres on private land, through a separate contract between the contractor and the private landowner.

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 11/03/2026 12:30pm

Questions and Clarifications Due 11/06/2026 2:00pm

Answers to Questions and Clarifications Due (approximate)

11/10/2026 2:00pm

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

Mandatory Kick-Off Meeting and site visit Within 15 business days after the contract execution and/or before beginning work

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.

"Addendum" (referred to as "Amendment" in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049-0250(2). The plural form of "Addendum" is "Addenda".

"OregonBuys" means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/.

"AGENCY" MEANS THE OREGON DEPARTMENT OF FISH AND WILDLIFE (ODFW”).

https://oregonbuys.gov/bso/

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

ODFW is issuing this RFP pursuant to its authority under OAR 125-246-0170(2) and ORS 496.146(11).

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 Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125-247- 0270.

2.3 PRE-BID CONFERENCE

A mandatory pre-Bid conference will be held for this ITB.

DATE TIME LOCATION

11/03/26 12:30am Brothers Oasis Rest Area

34400 US-20, Brothers, OR 97712 (N 43.813066 W 120.599531)

The Pre-bid meeting will start by meeting at the Brothers Oasis Rest Area and then caravan to the zones that will be bid on.

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 ODFW. Bidders are cautioned that the ITB requirements will change only by written Addenda issued by Agency as provided in Sections

2.4 and 2.7.

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. ITB documents will not be mailed. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

2.4.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at (855) 800-5046 or email to support.oregonbuys@oregon.gov .

2.4.2 OREGONBUYS REGISTRATION INFORMATION

For Vendor Registration: visit https://OregonBuys.gov. Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission, or email;

• Reference the OregonBuys bid number;

• Identify Bidders’s name and contact information;

• Refer to the specific area of the ITB being questioned (i.e. page, section and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

2.6 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 Opening. Agency is not responsible for sending Addendum to any prospective Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 90 calendar days from Opening.

ODFW may request that Bidder extend the time period during which Agency may consider and accept the Bid. If Bidder agrees to such an extension, the Bid shall continue as an irrevocable, valid, and binding Bid binding on the Bidder for the agreed-upon extension.

3.2 SUBMISSION REQUIREMENTS

3.2.1 BID FORMAT

The Bid Package must be submitted via OregonBuys. Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

For information on how to submit an electronic response to an opportunity, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicit ation%20Response.pdf

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements before Bid Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery for any reason. A Bid submitted by any means not authorized below will be rejected. The following delivery options are permitted for this ITB:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

3.2.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachments B, C, E, and F in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(2) Pricing Form. Bidder must complete and submit Attachment D, in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(3) Bid Security. Reserved

3.2.4 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Bid Opening date and time. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Bid Opening.

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

• Withdraw its Bid to make modifications and resubmit the Bid pursuant to Section 3.2.5.

• 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, facsimile or telephonic modifications will not be accepted.

3.2.5 BID WITHDRAWAL

If a Bidder wishes to withdraw a submitted Bid, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.6 LATE BIDS

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

3.2.7 OPENING OF BIDS

Bids will not be be publicly opened and the names of all Bidders will not be be read by ODFW at the location identified on the cover page of this ITB.

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 BID OPENING

Bids must be submitted by Bid Opening Date 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 – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

Attachments must be signed by person(s) legally authorized to bind the Bidder to the Bid and 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 3 references from similar projects performed for any clients within the last 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.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Bid Opening 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 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)

- Bidder must have been in business for a minimum of three years

- Three years’ experience doing similar work

- Licensed in to work in Oregon

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 PREFERENCES

4.6.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed, or all Services performed entirely in Oregon before calculating the price score.

4.6.2 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.

4.6.3 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.

4.6.4 PUBLIC PRINTING

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

ORS 282.210.

4.6.5 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.

https://www.naspo.org/reciprocity1

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 and responsible 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.

4.7.2 MULTIPLE AWARDS RESERVED

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 OregonBuys. Bid files are public records and available for review at Agency by appointment.

5.2 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.3 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 that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 OTHER REQUIRED INFORMATION

5.4.1 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 Contract 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.

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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 is 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 ODFW. 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 Bid Opening 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 Bid Opening 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)

Sample Contract Do Not Return with Bid Packet

State of Oregon Oregon Department of Fish and Wildlife Contract for Services for

High Desert Sage Steppe Habitat Restoration

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Department of Fish and Wildlife, (“Agency)” and insert name , (“Contractor”) a Corporation and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title Company Name **Address **City, State ZIP Phone: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Hilary Doulos, NRCS Conservation Liaison Deschutes Watershed District 3561 Klindt DR The Dalles, Oregon 97058 Phone: (541) 296-6178 Hilary.A.DOULOS@odfw.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on insert . The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits;

2.2. Exhibit A (Statement of Work);

2.3. Exhibit B (Required Insurance);

2.4. Exhibit C (Special Terms and Conditions);

2.5. Exhibit D (Independent Contractor Certification);

2.6. Exhibit E (Debarment and Suspension Form);

2.7. Exhibit F (Administrative Summary)

2.8. Exhibit G INADVERTENT DISCOVERY PLAN;

2.9. Exhibit H (Cost Sheet/Price Proposal for RFP/ITB #S-63500-xxxxxxxx) incorporated by reference.

mailto:anyname@yahoo.com mailto:Hilary.A.DOULOS@odfw.oregon.gov

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract. In the event Contractor provides the Services that do not conform to the Services Warranty during the Services Warranty Period set forth in Section

8.2.1 and Section 8.2.2, respectively, Contractor shall re-perform required Services at no additional cost to Agency.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work.

Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $ insert .

Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

4.3. Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Accounts Payable Unit at the address listed in Exhibit F, Administrative Summary. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement.

4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at: http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

5. Contractor’s Personnel.

5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”).

Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.

5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.

5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.

6. Independent Contractor; Responsibility for Taxes and Withholding

6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, Agency may not 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.

6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance of the Services under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Contract.

6.3. Affiliation. Contractor understands and agrees that it is not an "officer," "employee," or "agent" of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.

6.4. Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless required by applicable law, Agency will not withhold from such compensation or payments any amount 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 paid to Contractor under this Contract, except as a self-employed individual.

7. Subcontracts, Successors, And Assignments

7.1. Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. Agency’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Contract.

7.2. Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns, if any.

7.3. No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Contract without Agency’s prior written consent.

8. Representations and Warranties.

8.1. Contractor’s General Representations and Warranties. Contractor represents and warrants to Agency that:

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

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

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

8.1.4. Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty; and

8.1.5. Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with:

8.1.5.1. All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

8.1.5.2. Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

8.1.5.3. Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor;

8.1.5.4. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions; and

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

8.2. Contractor’s Performance Warranties.

8.2.1. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor shall apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor’s industry, trade or profession, and;

the Services and each Deliverable delivered by Contractor pursuant to the Services will materially comply with any service descriptions, specifications, standards or requirements set forth in this Contract (collectively, the “Services Warranty”);

8.2.2. Contractor’s Services provided pursuant to this Contract will be free of defects in materials and workmanship for a period of twelve (12) months after the date when the Services were completed (“Services Warranty Period”);

8.2.3. Except as otherwise provided in this Contract (including Section 9), Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind; and

8.2.4. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract.

8.3. Warranties cumulative. The warranties set forth in Section 8 are in addition to, and not in lieu of, any other warranties set forth elsewhere in this Contract.

9. Ownership of Work Product.

9.1. Definitions. As used in this Section 9, and elsewhere in this Contract, the following terms have the meanings set forth below:

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

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

9.1.3. “Work Product” means everything that is originally made, conceived, discovered, or reduced to practice by Contractor or Contractor’s subcontractors or agents (either alone or with others) pursuant to this Contract, including every invention, modification, discovery, design, development, customization, configuration, improvement, process, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection).

9.2. Original Works. All Work Product created by Contractor pursuant to the Services, including derivative works and compilations of Work Product, and whether or not such Work Product is considered a work made for hire or an employment to invent, is the exclusive property of Agency. Agency and Contractor agree that such Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act.