DAS State Procurement Services, Version 2.0 – July, 2025 1

FORMAL

INVITATION TO BID

for

CRAB POT BUOY TAGS

By the STATE OF OREGON acting by and through its

DEPARTMENT OF FISH AND WILDLIFE

OregonBuys® Bid Number # S-63500-00016222

Date of Issue: March 6, 2026

Bid Opening Date and Time: April 9, 2026, Time 2:00 PM (Pacific Time) PST (or as updated in OregonBuys)

Single Point of Contact: Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 971-600-4697

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

Formal Invitation to Bid Crab Pot Bouy Tags ODFW Tracking #: 825-246-25 OregonBuys #: S-63500-00016222

Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

1.2 Schedule of Events

1.3 Minimum Requirements

1.4 Submission Requirements

1.5 Single Point of Contact

SECTION 2: GOODS AND SERVICES

2.1 GENERAL PROVISIONS

2.2 DELIVERY

2.3 TECHNICAL AND PERFORMANCE SPECIFICATIONS

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys®

Pre-Qualification Process Reserved

3.4 Pre-Bid Conference Reserved

3.5 Questions and Requests for Clarification

3.6 Protest of ITB

3.7 Amendments

3.8 Protest of Amendments

3.9 Bid Submission

3.10 Bid Delivery

3.11 Bid Modification or Withdrawal

3.12 Late Bids

3.13 Opening and Bid Review

3.14 Firm Offer

3.15 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 References

4.4 Preferences

4.5 Bid Evaluation: Price Comparison (including application of preferences) and Ranking

SECTION 5: AWARD

5.1 Notice of Intent to Award

5.2 Protest of Notice of Intent to Award

5.3 Method of Award

5.4 Price Agreement Execution

5.5 Selection of a Contractor in Multiple Award Reserved

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

6.2 Statement of Values

6.3 Government Bodies

6.4 Electronic Signatures

6.5 Cancellation and/or Rejection of Bids; Damages

6.6 Cost of Submitting a Bid

6.7 Ownership/Permission to Use Materials

6.8 Confidential or Proprietary Information; Public Records

6.9 Recycled Products

6.10 Checklist Disclaimer

6.11 COBID

ATTACHMENT A – Sample Price agreement

ATTACHMENT B - Bid Cover Sheet

ATTACHMENT C - Reference Check Form

ATTACHMENT D - Bid Pricing Form

ATTACHMENT E - Responsibility Inquiry

ATTACHMENT G – Submit Sample Product (Instructions)

ATTACHMENT H photos of previous Buoy Tag

GENERAL OVERVIEW

1.1 Summary Overview

The Oregon Department of Fish and Wildlife (“ODFW”) is issuing this Invitation to Bid (ITB) for Dungeness Crab Fishery and Replacement Crab Pot Buoy Tags (“Tags”).

The initial order is to be placed for the 2026-27 season and will be received no later than September 1, 2026.

1.1.1 ESTIMATE OF PURCHASES: ODFW estimates that there will be approximately 149,000 Dungeness Crab Fishery Tags, 5,000 Replacement Tags, and 70,000 Late Season Tags purchased per season. However, purchases may be needed in a greater or fewer annual volume during the term of the Price Agreement awarded and may include emergency or supplemental orders (that will need to be delivered within four (4) to six

(6) weeks). Therefore, the quantities of orders indicated are estimates offered solely for the purpose of illustrating potential sales volumes.

1.1.2 Agency anticipates awarding One Contractor the Price Agreement resulting from this ITB. The initial term of the awarded Price Agreement will be for two years with firm pricing, and the option for three additional one-year extension terms. The awarded Price Agreement will not exceed a total of five years. ODFW will place orders through Purchase Orders, stating the colors and amounts of tags at the time of order.

1.2 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 Zone.

EVENT DATE TIME

Questions/Clarifications Due March 30, 2026 4:00 pm (PST)

ITB Protests Period Ends 7 calendar days prior to Bid Opening Date

Bid Opening Date (Due Date and time to submit Bids)

See Cover Page

Issuance of Notice of Intent to Award (approximate)

April 10, 2026 4:00 pm (PST)

Notice of Intent to Award Protest Ends 7 days from Notice of Intent to Award

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.

1.3 Minimum Requirements

In order to be considered for an award under this ITB, Bidder must meet or exceed the following minimum requirements:

1.3.1 Legal & Regulatory Compliance

1.3.1.1 Business Registration: Bidder must be registered to conduct business in

Oregon.

1.3.1.2 Tax Compliance: Certification of compliance with Oregon tax laws

(ORS 279B.045)

1.3.1.3 Responsible Bidder Certification: Must meet ORS 279B.110 requirements

(financial stability, integrity, ability to perform).

1.3.2 Minimum 2 years of experience manufacturing or supplying marine identification tags.

1.3.3 Demonstrate the ability to deliver tags to designated ODFW facilities within specified timelines.

1.4 Submission Requirements

The Bid must include the following mandatory forms in its submittal:

1.4.1 Attachment B – Bid Cover Sheet

1.4.2 Attachment C – Reference Check Form

1.4.3 Attachment D – Bid Pricing Form

1.4.4 Attachment E – Responsibility Inquiry

1.4.5 Attachment F – Certified Disadvantaged Business Outreach Plan

1.4.6 Attachment H – Submit Sample Product (Instructions)

The Bid may include the following optional form in its submittal:

1.4.7 Optional: Completed Benefit Report required under ORS 60.768, if certified as a benefit company

1.5 Single Point of Contact

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

SECTION 2: GOODS AND SERVICES

2.1 GENERAL PROVISIONS

2.1.1 SILENCE OF SPECIFICATIONS: The apparent silence of the Specifications and/or any supplemental Specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only materials and workmanship of first quality are to be used.

NOTE TO BIDDER: If any omitted specification results in ambiguity as to material characteristics of the Goods, and inclusion is necessary to enable a reasonable person in the particular industry to properly identify such characteristics, a Bidder shall seek a formal request for change, as set forth in section C.5.4 of the ITB. Failure to make such a request is at Contractor’s risk, and the Bidder awarded a Price Agreement shall be required to provide Goods meeting ODFW’s needs with regard to any omitted specification for which change should reasonably have been sought.

2.1.2 ADHERENCE TO THE SPECIFICATIONS. Deviations discovered after purchase shall be corrected at no cost to ODFW.

2.2 DELIVERY

DELIVERY DATE REQUIRED BY ODFW: ODFW will require orders to delivered 90 calendar days from date of order. For emergency/supplemental Tag orders the delivery date will be specified in the submitted Purchase Order (see Exhibit 1 – Sample Purchase Order). These orders may require the tags to be delivered either before or after the standard ninety (90) calendar day timeframe. Initial order for all tags resulting from the resulting Price Agreement will be for the

2026-27 season and must be received by ODFW no later than September 1, 2026. Following orders will be placed in the spring of each season (year), and must be delivered by September

1, of that season (year).

2.3 TECHNICAL AND PERFORMANCE SPECIFICATIONS

These specifications describe the minimum technical and performance specifications for Dungeness Crab Fishery, Replacement Crab Pot Buoy Tags, Late Season Buoy Tags (“Tags”) to be manufactured by the bidder and delivered to ODFW.

2.3.1 Technical/Performance Specifications applicable to DUNGENESS CRAB FISHERY

TAGS, REPLACEMENT TAGS, AND LATE SEASON TAGS

Item No. Technical / Performance Specification

1. Tags shall be constructed from elastomeric polyurethane resin.

2. Size no smaller than 3-inches wide by 4 1/4-inches tall by 1/8-inch thick.

3. Size no larger than 4 1/2-inches wide by 6 1/2-inches tall by 1/4-inch thick.

4. Rounded top edge (House Shaped)

5.

Molded grommet built into the top of the tag with a 1/2-inch diameter hole (opening).

Center of the grommet will be:

− A minimum of 3/8-inch from top of Tag

− A maximum of 5/8-inch from top Tag

− Centered left-to-right on Tag

6.

Able to withstand long periods of exposure to salt water without deterioration of Tag or fading of Tag color or printing.

7.

Able to withstand long periods of exposure to the sun without deterioration of Tag or fading of Tag color or printing.

8.

Able to withstand exposure to bleach water without deterioration of Tag or fading of Tag color or printing.

9.

Imprinting shall be indented and able to withstand scraping with a sharp object without significantly removing ink. Indentation shall allow Tag information to be clearly read if imprinting is compromised.

10. Imprinting is two-sided, one color.

11.

Primary imprinting color shall be black. If black imprint is not chosen, then imprinting color shall be white.

12. Tags shall be available in all PMS colors.

13. Tag color is Full Color, all sides, edges, and grommet opening.

2.3.2 Technical Specifications Applicable to Dungeness Crab Fishery Tags (first season)

Item No. Technical Specifications

1.

Imprinted numbers and lettering, both sides of tag:

a. Tag Numbers shall be 5/8-inch in height and appropriate width for height.

Placement shall be a minimum of 7/8-inch from bottom of grommet opening and centered left-to-right on Tag.

1) 200 crab pot buoy tag permits Sequential Tag Numbers 001-200 for each permit

2) 300 crab pot buoy tag permits Sequential Tag Numbers 001-300 for each permit

3) 500 crab pot buoy tag permits Sequential Tag Numbers 001-500 for each permit

b. Vessel Name shall be 1/4-inch in height and appropriate width for height. Placement shall be a minimum of 1/4-inch below Tag Number and centered left-to-right on Tag.

c. Permit Number shall be 3/8-inch in height and appropriate width for height.

Placement shall be a minimum of 1/4-inch below Vessel Name and centered left-to-right on Tag.

d. Valid Permit Season (number) and ODFW shall be 1/4-inch in height and appropriate width for height. Placement shall be a minimum of 1/4-inch below Permit Number, centered left-to-right on Tag, and a minimum of 1/4-inch from bottom of Tag.

NOTE – Sequential Tags may be ordered in multiple sets (of 001-200; 001-300, etc.)

Each set of Sequential Tags shall be the color as specified by ODFW on the Purchase Order

2.3.3 TECHNICAL SPECIFICATIONS APPLICABLE TO REPLACEMENT TAGS

Item No. Technical Specifications

1.

Imprinted numbers and lettering, both sides of tag:

a. Sequential Tag numbers 001 up to 10000 (to be determined at time of order) Tag Numbers shall be 5/8-inch in height and appropriate width for height. Placement shall be a minimum of 7/8-inches from bottom of grommet opening and centered left-to-right on Tag.

b. Valid Permit Season (number) and ODFW shall be 1/4-inch in height and appropriate width for height. Placement shall be a minimum of 5/8-inch from bottom of Tag Number, centered left-to-right on Tag, and a minimum of 1/4-inch from bottom of Tag.

2.3.4 Technical Specifications Applicable To LATE SEASON TAGS

Item No. Technical Specifications

1.

Imprinted numbers and lettering, both sides of tag:

a. Tag Numbers 001 up to 70,000 (to be determined at the time of order). Tag Numbers shall be 5/8-inch in height and appropriate width for height. Placement shall be a minimum of 7/8-inch from bottom of grommet opening and centered left-to-right on Tag.

b. Valid Permit Season and ODFW shall be 1/2-inch in height and appropriate width for height. Placement shall be a minimum of 1/4-inch below Tag Number, centered left-to-right on Tag, and a minimum of 1/4-inch from bottom of Tag.

2.3.5 Packaging:

Dungeness Crab Fishery Tags shall be packed as follows:

a) Package sets of Sequentially Numbered Tags in plastic bags; 25 Tags per bag, and seal (001-025, 026-050, etc.).

b) Place sealed plastic bags in cardboard box(es); One Permit Number per box.

c) Label outside of box with:

1. Permit Number

2. Vessel Name

3. Sequential Tag Numbers enclosed (xxx-xxx)

2.3.6 Replacement Tags shall be packaged as follows:

a) Package sequentially numbered Tags in plastic bags; 25 Tags per bag, and seal (001-025, 026-050, etc.).

b) Place sealed plastic bags in cardboard boxes, keeping sequential numbering together (001-200).

c) Label outside of box with Replacement Tag numbers enclosed (001-200, 13000-13200).

2.3.7 Late Season Tags shall be packaged as follows:

a) Package sets of Sequentially Numbered Tags in plastic bags; 25 Tags per bag, and seal (001-025, 026-050, etc).

b) Place sealed plastic bags in cardboard box(es) keeping sequential numbering together (001-200).

c) Label outside of box with Late Season Tag numbers enclosed (001-200, 13000-13200).

2.3.8 Packaging/Cardboard Boxes:

a) Cardboard boxes shall be of a thickness appropriate to hold the following quantities of Dungeness Crab Fishery and Replacement Tags without being compromised during shipment or subsequent handling:

1) Sequentially numbered Tags 001-200 - Cardboard box(es) shall be approximately 12-inch x 12-inch x 5 1/2-inch. Up to two (12-inch. x 12-inch x 5 1/2-inch boxes) may be packed into another cardboard box, approximately 12-inch. x 1-inch. x 12-inch.

2) Sequentially numbered Tags 001- 300 - Cardboard box(es) shall be approximately 15-inch x 15-inch x 5 1/2-inch. Up to two (15-inch x 15-inch x 5 1/2-inch boxes) may be packed into another cardboard box, approximately 15 1/2-inch x 15 1/2-inch x 12-inch.

3) Sequentially numbered Tags 001 - 500 - Cardboard box(es) shall be approximately 12-inch x 12-inch.

Boxes exceeding the above sizes may be rejected by ODFW.

Use packing tape or similar means of sealing cardboard boxes. Cardboard boxes shall not be stapled or glued.

Pallet Requirements:

Pallets must be of good quality, wood, with four-way entry for forklift access from all four (4) sides.

Pallet charges will not be allowed.

Each pallet of Tag boxes must be stacked no higher than 48 inches from ground level and shall be stretch wrapped with plastic film in a manner that will secure each box and layer of boxes on the pallet. Palletized Tag boxes must be loaded, blocked, and braced or otherwise loaded in a way which will prevent shifting and damage to the boxes or Tags during transit.

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this procurement and entering into a resulting Price Agreement, if any, pursuant to ORS 279A.050(6)(n) and ORS 496.146(11)). Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255.

3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Price Agreement are found in OAR 125- 246-0110 and set forth in Attachment G or elsewhere in this ITB or its Attachments. For ease of reference, a link to the crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys®

3.3.1 OregonBuys® posting.

This ITB, including all Amendments, attachments and exhibits, is posted in the State’s e-procurement system, OregonBuys®. ITB documents will not be mailed or otherwise delivered.

3.3.2 OregonBuys® Registration Information.

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

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR INFORMATION IS

CURRENT AND CORRECT IN OREGONBUYS®. AGENCY WILL ACCEPT NO

RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR INFORMATION.

3.3.3 OregonBuys® Assistance

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

3.3.4 Failure of Electronic Procurement System

In the event of a failure of the Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

Pre-Qualification Process Reserved

3.4 Pre-Bid Conference Reserved

3.5 Questions and Requests for Clarification

All questions and requests for clarification, related to this solicitation must be in Writing. The preferred method of submission is through the Q & A tab located in OregonBuys®. If Bidder is unable to submit through the Q & A tab in OregonBuys®, Bidder may email the SPC. The submitted question or request must reference the OregonBuys® ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf mailto:support.oregonbuys@oregon.gov

3.6 Protest of ITB

Prospective Bidders may submit a Written protest of the ITB, including the specifications and requirements, the terms and conditions of the sample Price Agreement, or the procurement process described in this ITB.

Prospective Bidder must submit the protest to the SPC via email. The protest must:

1. Include prospective Bidder’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds demonstrating how the procurement process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or o Improperly specifies a brand name;

4. Provide evidence and documentation supporting the grounds on which the protest is based;

5. Identify any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Agency will not consider protests that do no not meet these requirements.

3.7 Amendments

Agency may change this ITB by written Amendment, posted to OregonBuys®. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

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

3.8 Protest of Amendments

A prospective Bidder may submit a protest of an Amendment by the date set forth in the Amendment, or if no date is set forth, then by the close of the next Business Day after the issuance of the Amendment, whichever is later. Unless otherwise specified in the Amendment, a protest to an Amendment must be submitted in the same manner as a protest of the ITB under Section 3.7 above.

3.9 Bid Submission

The Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers and include:

3.9.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B). Attachment B must be signed by Bidder’s authorized representative.

3.9.2 Bidder shall complete and submit the Reference Check Form (Attachment C). Bidder shall provide either Three (3) references from project(s) of similar size and scope performed for any clients within the last 24-month, or Three (3) references from state or federal entities that currently utilize, or within the last five years have utilized, tags proposed by Bidder that meet the majority of requirements set forth in this ITB. Forms must be completed by a reference, returned to Bidder, and submitted with the Bid.

3.9.3 Bidder shall complete and submit the Bid Pricing Form (Attachment D).

3.9.4 Bidder shall complete and submit the Responsibility Inquiry (Attachment E). Attachment E must be signed by Bidder’s authorized representative.

3.9.5 Bidder shall complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.9.6 Public Records Exemption. If Bidder believes any portion of its Bid is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Bidder must submit a statement indicating the portions that are exempt and the statutory authority for the exemption, along with both an unredacted and a redacted version of its Bid.

Please refer to section 6.8 for more in-depth information.

3.9.7 Benefit Company. If Bidder is an Oregon benefit company, Bidder must submit: (1) the complete benefit report required under ORS 60.768, and (2) certify that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

3.10 Bid Delivery

Bidder is solely responsible for ensuring its Bid is received by the Bid Opening Date. Agency is not responsible for any delays in delivery. Prospective Bidders may deliver Bids to Agency through OregonBuys® at: https://OregonBuys.gov.

Detailed instructions on how to submit a Bid can be found here:

Technical Difficulties: Larger files may take additional time to upload to OregonBuys®. Bidders are responsible for allowing sufficient time to navigate the OregonBuys® system, upload files, and finalize and submit Bids via OregonBuys® prior to the Bid Opening Date.

If technical difficulties that are no fault of Bidder prevent submission of a Bid via OregonBuys®, Bidder must immediately notify the SPC in writing, via email, to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method.

3.11 Bid Modification or Withdrawal

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. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date. For assistance with making modifications or withdrawing a Bid submitted through OregonBuys®, please contact the OregonBuys® Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

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

3.12 Late Bids

Agency will not accept late Bids. Bids submitted on or before the Bid Opening Date will be accepted.

3.13 Opening and Bid Review

Agency will hold the public Bid Opening through electronic means. Interested parties may attend the public Bid Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

The TEAMS meeting will be held on April 9, 2026 at 2:10pm PST for the Bid Opening following the specific time included in the Bid Opening Date. Be sure to have Teams access available on your computer or mobile phone and follow the link HERE.

3.14 Firm Offer

A Bid is a firm offer for 60 calendar days following the Opening.

3.15 Additional Rounds

If Agency believes additional rounds of review are necessary, Agency will post an Amendment on OregonBuys® defining the additional round(s).

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

Agency will review all Bids received prior to the Bid Opening Date to determine if a Bid is Responsive to all ITB requirements. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. Agency may waive mistakes in accordance with OAR 125-247-0470. If the SPC finds the Bid non- Responsive, the Bid may be rejected.

4.2 Responsibility Determination

Agency will review the Responsibility Inquiry (Attachment E), Bid Pricing Form (Attachment D), references and other information to determine if an apparent Successful Bidder is Responsible prior to award and execution of the Price Agreement per agreement ORS 279B.110 or ORS 279C.375.

At any time prior to award, Agency may reject a Bidder found to be not Responsible.

4.3 References

Agency will review the Reference Check Form (Attachment C) submitted by Bidder. Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

https://teams.microsoft.com/meet/21835175101257?p=3I778glb0o2Q99Sij3

4.4 Preferences

Agency will apply the following preferences to the Bid Cost:

4.4.1 Oregon Supplies and Services. The State prefers that contract awards are for Oregon goods and services. 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 the comparison.

4.4.2 Benefit Companies. The State prefers goods and services provided by an Oregon public benefit company. For evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder/Proposer that submits a certificate of existence issued under ORS 60.027.

4.4.3 Reciprocal Preference. Pursuant to 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 Bidder's state.

4.4.4 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 cost of the Goods according to any applicable reciprocal preference.

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

4.4.6 Tiebreakers. If Agency receives Bids identical in cost, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement by drawing lots as outlined in OAR 125-246-0300.

4.5 Bid Evaluation: Price Comparison (including application of preferences) and Ranking

After applying all preferences, Agency will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest.

Agency intends to award the Price Agreement to the lowest Responsive and Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB and that provides the most favorable pricing (apparent successful Bidder). If this ITB authorizes the award of multiple Price Agreements, Agency will award the Price Agreement to the Responsive and Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in this ITB.

SECTION 5: AWARD

5.1 Notice of Intent to Award

Agency will issue a notice of Intent to Award to the apparent successful Bidder on OregonBuys®. Bid files are available for review after issuance of the Notice of Intent to Award.

5.2 Protest of Notice of Intent to Award

5.2.1 Written Protest. An Affected Person has seven calendar days from the date of issuance of the Notice of Intent to Award to file a Written protest.

A Bidder is an Affected Person, only if Bidder would be eligible for award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

1. All lower Bids are non-Responsive.

2. Agency failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

3. Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

4. Agency’s evaluation of Bid(s) or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

5.2.2 The Affected Person must submit the protest to the SPC via email or regular mail. The protest must:

1. Include protestor’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds for the protest; and

4. Provide evidence and documentation supporting the grounds on which the protest is based.

5.2.3 Agency will address all timely submitted protests meeting requirements within a reasonable time and will issue a Written decision. Protests that do not include the required information may not be considered by Agency.

5.3 Method of Award

Agency will award a price agreement to the Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder).

5.4 Price Agreement Execution

Agency intends to enter into a Price Agreement based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Prior to execution of the Price Agreement, the apparent successful Bidder must submit the following to Agency:

5.4.1 Pay Equity Certification. If the value of the Price Agreement exceeds $500,000 and Bidder has 50 or more employees, the apparent successful Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to Bidder by the Oregon Department of Administrative Services here.

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

5.4.2 Non-Discrimination. As a condition of receiving the award of a Price Agreement under this ITB, the apparent successful Bidder must certify 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.

5.4.3 Insurance. The apparent successful Bidder shall obtain and provide Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

5.4.4 Other Requirements.

5.5 Selection of a Contractor in Multiple Award Reserved

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

This ITB is governed by the laws of the State of Oregon, specifically including ORS 279B.055 and OAR 125-247-0255. The venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 Statement of Values

The State of Oregon is committed to taking active steps toward equity and inclusion in procurement processes for minority, women, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this opportunity. 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.

6.3 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.

6.4 Electronic Signatures.

BY SUBMITTING A BID IN RESPONSE TO THIS ITB, BIDDER AGREES WITH AGENCY THAT

SIGNATURES, AND OTHER FORMS OF AUTHORIZED REPRESENTATIVE CERTIFICATION, SHOWING

ON DOCUMENTS SUBMITTED VIA OREGONBUYS® OR EMAIL ARE “ELECTRONIC SIGNATURES”

UNDER ORS CHAPTER 84 AND, BIND THE SIGNING PARTY, AND ARE INTENDED TO BE AND CAN

BE RELIED UPON BY THE PARTIES.

6.5 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 Date identified in Section 1.2, all Bids will become part of the public record without obligation to Agency.

6.6 Cost of Submitting a Bid

Bidder 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.

6.7 Ownership/Permission to Use Materials

Bids submitted in response to this ITB become the property of the State. 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 Price Agreement, 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.

6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Price Agreement, responses to this ITB are subject to public records 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, Bidder must submit a statement claiming the exemption and the statutory reason for the exemption and each page containing such information must identify the exemption provision and include the following:

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

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law.

6.9 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 Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)

6.10 Checklist Disclaimer

Any checklists contained in this ITB are provided only as a courtesy. Agency makes no representation as to the completeness or accuracy of any checklist. Prospective Bidders are solely responsible for reviewing and understanding this ITB and complying with all requirements.

6.11 COBID

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certified small businesses in the following categories: minority-owned business, woman-owned business, veteran-owned business, or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information click Here.

https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

STATE OF OREGON

PRICE AGREEMENT [PA NUMBER]

FOR

CRAB POT BUOY TAGS

BETWEEN

STATE OF OREGON’S DEPARTMENT OF FISH AND WILDLIFE

Price Agreement Contract Administrator: Jeannine Smith, Licensing Services Manager

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone: 503-947-6112 x6112

Email: jeannine.c.smith@odfw.oregon.gov

AND

[CONTRACTOR NAME]

Contract Administrator: [Name, Title]

Address: [Street Address]

Phone: [Phone]

Email: [Email] mailto:jeannine.c.smith@odfw.oregon.gov

OregonBuys #: S-63500-00000000

DAS Procurement Services, Version 2.0 – June 3, 2021

TABLE OF CONTENTS

SECTION 1: AGREEMENT .......................................................... ERROR! BOOKMARK NOT DEFINED.

1.1 PARTIES

1.2 DEFINITIONS

1.3 TERM OF AGREEMENT

1.4 TERMINATION OF AGREEMENT

1.5 ORDERING INSTRUMENTS

1.6 PRICES

1.7 INSURANCE

1.8 MISCELLANEOUS

SECTION 2: STANDARD TERMS FOR CONTRACTS UNDER THIS AGREEMENT

2.1 CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

2.2 PAYMENT

2.3 OVERDUE CHARGES

2.4 PAYMENT ADDRESS

2.5 INVOICES

2.6 PRICES

2.7 CANCELLATION, INSPECTIONS AND ACCEPTANCE

2.8 REPRESENTATIONS AND WARRANTIES

2.9 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

2.10 FOREIGN CONTRACTOR

2.11 SAFETY DATA SHEET

2.12 TIME IS OF THE ESSENCE

2.13 FORCE MAJEURE

2.14 FUNDS AVAILABLE AND AUTHORIZED

2.15 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING

2.16 INDEMNIFICATION

2.17 EVENTS OF DEFAULT

2.18 REMEDIES

2.19 TERMINATION

2.20 ACCESS TO RECORDS

2.21 NOTICES

2.22 ORDERING ACKNOWLEDGEMENTS

2.23 GOVERNING LAW

2.24 VENUE; CONSENT TO JURISDICTION

2.25 SURVIVAL

2.26 SEVERABILITY

2.27 ASSIGNMENTS, SUBCONTRACTS, AND SUCCESSORS

2.28 MERGER CLAUSE; AMENDMENT; WAIVER

2.29 ASSIGNMENT OF ANTITRUST RIGHTS

SECTION 3: SPECIAL TERMS FOR CONTRACTS UNDER THIS AGREEMENT

SECTION 4: SIGNATURE OF CONTRACTOR’S DULY AUTHORIZED REPRESENTATIVE

SECTION 5: SIGNATURE OF AGENCY

LIST OF EXHIBITS

EXHIBIT A DESCRIPTION OF THE GOODS AND PRICES

EXHIBIT B PURCHASE ORDER FORM

EXHIBIT C INSURANCE REQUIREMENTS

1.1 PARTIES

The only parties to this Agreement are ODFW and Contractor.

1.2 DEFINITIONS

“Agreement” or "Price Agreement" means this agreement between Contractor and Agency under which Contractor agrees to hold prices, terms and conditions firm for a specified period of time for the benefit of Agency.

“Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding State of Oregon holidays and business closure days.

“Calendar Day” means contiguous days.

"Contract" means the entire agreement between Contractor and Agency, comprised of a signed Purchase Order and this Price Agreement, including any exhibits and amendments.

"F.O.B." means has the meaning found in ORS 72.3190

"Goods" means the individual items described in Exhibit A.

“Protected Class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

"Purchase Order" means the ordering instrument between Agency and Contractor substantially in the form attached as Exhibit B.

"Services" means the services, if any, described in Exhibit A to be performed by Contractor under a Contract that are incidental to the purchase of Goods.

"Specifications" means the specific attributes of the Goods to be purchased or Services to be provided, if any, as described in Exhibit A.

"State" means the State of Oregon.

1.3 TERM OF AGREEMENT

The initial term of this Agreement begins on the date this Agreement has been signed by Agency and Contractor with all required approvals have been obtained (the “Effective Date”) and ends on June 30, 2027 unless terminated early or extended as provided in this Agreement. Agency has the option to extend this Agreement three times in two (2) year term(s). Agency must send Contractor a written notice exercising its option to extend no later than 30 Calendar Days before the expiration of the then-current term. The initial term and all extension terms are collectively referred to as the “Term” of this Agreement.

1.4 TERMINATION OF PRICE AGREEMENT

1.4.1 Parties’ Right to Terminate by Mutual Consent. This Agreement may be terminated at any time by mutual written consent of Agency and Contractor.

1.4.2 Agency Right to Terminate for Convenience. Agency may, in its sole discretion, terminate this Agreement, in whole or in part, for any reason upon 30 Calendar Days written notice to Contractor.

1.4.3 Effect of Termination.

1.4.3.1 Once this Agreement is terminated, Contractor shall not accept new Contracts or Purchase Orders.

1.4.3.2 Termination of this Agreement does not terminate the rights or obligations of any party to a Contract executed before termination of this Agreement.

1.4.3.3 Termination of this Agreement terminates Contracts or “blanket” Purchase Orders in which Contractor is not legally required to deliver specific quantities of Goods at specific times.

1.5 ORDERING INSTRUMENTS

1.5.1 A Contract created by an ordering instrument consists only of the terms specified or required by this Agreement. Additional, different or conflicting terms and conditions in any Purchase Order(s) or any other ordering instrument of either an Agency or the Contractor shall not vary the terms of this Agreement. Unless otherwise expressly agreed, Contractor’s online ordering terms and conditions will not change the terms and conditions of this Agreement or any Contract.

1.5.2 Subject to the provisions of this Agreement, Contractor shall accept ordering instruments from Agency that comply with the provisions of this Agreement until this Agreement terminates.

Contractor may, but is not required to, accept an ordering instrument requesting a delivery schedule less than any minimum lead time, if any, specified in Exhibit A.

1.5.3 An ordering instrument is deemed accepted by Contractor unless Contractor rejects an ordering instrument within three (3) Business Days after it is received. Contractor may reject an ordering instrument by: i) using the same means as were used to deliver the ordering instrument, or

ii) by e-mail if that information is evident on the ordering instrument. Contractor shall specify the reason(s) for rejection.

Contractor must confirm delivery date within 5 days of accepting orders.

1.5.4 Accepted ordering instruments establish separate Contracts between Agency and Contractor and include the terms set forth in Sections 2 and 3. As used in the Contracts, “Price Agreement” means this Agreement.

1.5.5 Nothing in this Agreement obligates ODFW to place any ordering instrument.

1.5.6 Contractor shall reject an ordering instrument that does not meet the requirements of this Agreement.

1.6 PRICES

1.6.1 Except as provided in this Section, during the Term of this Agreement, Contractor shall offer Goods and related Services to Agency at prices that do not exceed the prices listed in Exhibit A.

1.6.2 Contractor and Agency may agree to lower prices for Goods and related Services. Those lower prices apply only to applicable Contract between Contractor and Agency.

1.7 Price Decrease

Agency shall be given the immediate benefit of any price decrease contractor offers to any other customer. Contractor shall promptly notify agency of the amount and effective date of each decrease. This decrease applies to orders placed on or after the effective date of the decrease.

Invoices must reflect prices in effect on the date agency’s purchase order document was written.

Should such decreased prices again increase during the term of the price agreement, including extensions, agency shall honor the increase if acceptable documentation verifying the increase is submitted to agency. Agency shall determine what constitutes acceptable documentation.

1.7.1 Contractor shall subtract from prices charged to Agency any unit price decrease that has been achieved or gained by Contractor, whether through the manufacturer or otherwise. The Contractor shall give Agency the immediate benefit of the decrease. Contractor shall promptly notify Contract Administrator of the amount and effective date of the decrease.

1.8 Price Adjustment

Subject to the following, either party to this Agreement may request a price adjustment, in whole or in part.

1.8.1 Prices are fixed for the initial two-year agreement. Price increases may be considered by ODFW annually thereafter, on the anniversary of the original Price Agreement execution date. A positive means of substantiating the price increase shall accompany the request. ODFW shall determine what constitutes acceptable documentation. Price increases in excess of 5% shall contain confirmation of supplier or industry increase necessitating Contractor request. Contractor must submit a request to the Contract Administrator in writing at least 60 Calendar Days before the proposed effective date of the increase. The request must show all proposed increases by line item and include supporting documentation acceptable to ODFW. Agency may require Contractor to provide U.S. Bureau of Labor Statistics Producer Price Index or Consumer Price Index data or any other relevant manufacturer or industry data substantiating the increase.

1.9 INSURANCE

Contractor shall obtain insurance coverage as specified in Exhibit C and shall maintain the insurance throughout the term of this Agreement and all Contracts.

1.10 MISCELLANEOUS

1.10.1 Choice of Law The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

1.10.2 Designation of Forum and Consent to Jurisdiction Any party bringing legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding to the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum.

1.10.3 Amendments No amendment to this Agreement is valid unless it is in writing and signed by the parties.

1.10.4 Transfer Contractor shall not assign, delegate or otherwise transfer any of its rights or obligations under this Agreement without first obtaining the written consent of Agency. Agency’s consent to any subcontract (or other delegation of duties) does not relieve Contractor of any of its duties or obligations under this Agreement. This Agreement is binding upon and inures to the benefit of each of the parties, and, except as otherwise provided, their permitted legal successors and assigns.

1.10.5 Counterparts This Agreement may be executed in two or more counterparts, each of which is an original, and all of which together are deemed one and the same instrument, notwithstanding that all parties are not signatories to the same counterpart.

1.10.6 Force Majeure Neither party is responsible for delay or default caused by an event beyond the control of the party whose performance is interfered with, and, which by the exercise of reasonable diligence, the party is unable to prevent. Agency may terminate this Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of this Agreement.

In the event of any such delay, Contractor’s obligations are suspended to the extent of and for the duration of such causes. However, Contractor shall take all good faith efforts to eliminate the cause of any such delay, and upon the cessation of such cause, shall resume performance of Contractor’s obligations with all reasonable diligence. If necessary, the period for performance under this Agreement will be extended to enable Contractor, once such causes have been removed, to fulfill its obligations hereunder.

1.10.7 Entire Agreement This Agreement, together with the attached exhibits, constitutes the entire agreement between the parties and merges all prior and contemporaneous communications with respect to the subject matter.

1.10.8 Notices Except as otherwise expressly provided in this Agreement, any notices sent between the parties under this Agreement are effective only if in writing and addressed to the Contract Administrators at the addresses set forth on the Cover Page. A party may change its Contract Administrator upon written notice to the other party. The following methods of delivery between the parties may be used: Personal delivery, Email or United States Postal Service (“USPS”) with postage prepaid.

For confirmation of delivery to the recipient, sender guidelines are as follows:

When choosing Personal delivery, parties may consider their communication or notice received immediately. When choosing Email, parties may consider their communication received upon reply to email by the recipient. However, if using email, the use of “read receipt” is not a valid form of delivery confirmation. When choosing to use USPS, parties may consider their communication received five (5) Calendar Days after the date of the mailing.

1.10.9 Intended Beneficiaries Agency and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms.