63500 00010410 East Region Office Janitorial ITB.pdf

ITB S63500-00010410 –ODFW East Region Office Janitorial Contract

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number S63500-00010410 for

ODFW EAST REGIONAL OFFICE JANITORIAL CONTRACT

Date of Issue: 05/14/2024

Bid Opening Date and Time (Bid Due Date): 05/21/2024, Time 2:00 PM

Single Point of Contact (SPC): Marcus Jones, Contracts Specialist 2

Address: 4034 Fairview Industrial Dr. SE City, State, Zip: Salem, OR. 97302 Phone (voice): 503-947-6137 E-mail: marcus.jones@odfw.oregon.gov

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/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

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

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT/PRICE AGREEMENT 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

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET (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)

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

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

1.2 STATEMENT OF WORK

PROJECT TITLE: ODFW East Region Office Janitorial Contract

II.BACKGROUND or GENERAL INFORMATION and Purpose:

The current contract for Janitorial services at the East Region office has expired and the Agency needs to solicit for a vendor to keep up cleanliness of the location once per week. The estimated square footage is 4,200 square feet.

Site tours can be scheduled. If you are interested, please contact Kerri Jensen at (541) 962-1823.

III.PROJECT DESCRIPTION, DESCRIPTION OF WORK and TASKS:

Project Description or Description of Work.

Contractor agrees to furnish all labor, equipment and supplies to maintain a janitorial service at the Department of Fish and Wildlife (ODFW), East Regional Office 107 20th St. La Grande Or, 97850. The work is to be performed in accordance with the terms, conditions, and performance requirements specified within the Contract.

TASKS:

Contractor will:

ON A WEEKLY BASIS:

A. Front Lobby of Main Building

1. Thoroughly clean and sanitize countertop(s), chairs, handicap door opener, brochure holders and light switches.

2. Sweep and wet mop lobby linoleum floor. This includes blue mat and linoleum underneath the mat between front counter and carpeted area in office space.

3. Vacuum area floor mat.

4. Thoroughly wash interior and exterior glass and handles on door, weather permitting.

5. Empty all waste receptacles and wipe clean. Sanitize as needed. Insert liners where necessary.

6. Properly rearrange furniture and waste receptacles moved during the cleaning

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B. All Office Spaces in Main and Modular Buildings

1. Thoroughly vacuum and edge all carpeted areas including under desks and chairs with a commercial grade vacuum cleaner using appropriate edge attachment.

2. Wipe windowsills clean.

3. Sanitize bookcases, bookshelves, desktops, counter tops, and office chairs, etc.

4. Wet mop all linoleum flooring and clear chair mats at employee desks.

5. Empty all waste receptacles and wipe clean. Sanitize as needed. Insert liners where necessary.

C. Corridors in Main and Modular Buildings

1. Clean, sanitize and polish drinking fountain.

2. Clean and sanitize light switches.

3. Clean and sanitize all hardware including doorknobs.

4. Thoroughly vacuum and edge carpets with a commercial grade vacuum cleaner, using appropriate edge attachment.

5. Clean file cabinets as well as high shelving in the alcove by dusting with damp rag or duster.

6. Empty all waste receptacles and wipe clean. Insert liners where necessary. Sanitize as needed.

D. Copy/Mail Room

1. Clean and sanitize countertops, cupboards, and knobs.

2. Vacuum floors and mat thoroughly, including vacuuming behind copy machine, around and beside cabinets.

3. Sweep and wet mop linoleum floor and baseboards. This includes mopping under the floor mat in front of the storage cabinets.

E. Breakroom/Conference Room

1. Clean and sanitize break room sink and surrounding counter tops.

2. Restock paper towels at area sink.

3. Wash and sanitize tables and couch.

4. Clean exterior and interior of exterior and interior door, doorknobs and light switches.

5. Sweep and wet mop conference room linoleum floor. This includes between the fridge and counter.

6. Thoroughly vacuum carpets and carpet edges with a commercial grade vacuum cleaner, using appropriate edge vacuum attachment.

7. Empty all waste receptacles and wipe clean. This includes the outside of the can.

Sanitize as needed. Insert liners where necessary. This includes large garbage can next to sink in conference room.

8. Properly rearrange furniture and waste receptacles moved during the cleaning

9. Clean and disinfect microwave.

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F. Restrooms in Main and Modular Buildings:

1. Wash and polish all mirrors above sink and on back of door.

2. Remove stains, de-scale toilets, and sinks.

3. Wash and sanitize all surfaces with non-scratch disinfectant. This will include but not limited to dispensers (soap, toilet paper, toilet seat cover and paper towel), handicap rail, toilet paper holder, sink basin, faucets, toilet seat, tank, lid, light switches, waste receptacles and cabinets.

4. Dust windowsill.

5. Wash and sanitize restroom doors, walls and baseboards.

6. Sweep and mop all restroom floors. This includes underneath garbage can and behind toilet.

7. Restock restrooms with supplies from existing stock, including paper towels, toilet tissue, seat cover(s) and hand soap.

8. Empty all waste receptacles and wipe clean. This includes the outside of the can.

Sanitize as needed. Insert liners where necessary.

9. Properly rearrange furniture and waste receptacles moved during the cleaning

Part 2: ON A MONTHLY BASIS:

General

1. Dust all high and low reach areas including, but not limited to, tops of door frames, ceilings, wall/ceiling corners, light fixtures, structural and furniture ledges under desks.

2. In lobby, wipe clean all baseboards.

3. Vacuum upholstered furniture in conference room and offices.

A. Restrooms

1. Remove shelf from bathroom to sweep and mop underneath. Replace shelf when finished.

Part 3: ON SEMI-ANNUAL BASIS A. General Janitorial

1. Remove, vacuum and wash floor heat vent covers using vacuum cleaner attachment.

2. Remove and wash restroom light fixture and fan covers.

SPECIAL PROVISIONS

The janitorial services shall be performed at such times agreed upon between the Contractor and ODFW Building Coordinator.

Contractor will supply the ODFW Building Coordinator with a schedule indicating upon which day(s} of the week required work will be performed as well as a schedule indicating when monthly and quarterly work will be done. The Contractor will provide a checklist of the duties performed each week. Unless otherwise agreed to between Contractor and the ODFW Building Coordinator, DAS Procurement Services, Version 1.0 – February 20, 2019 Page 7 of 16 the work will be performed on the scheduled days.

The Contractor will contact the designated ODFW Building Coordinator to make a joint inspect ion of the building and review performance as determined necessary by the ODFW Building Coordinator.

Contractor will:

- Store all janitorial supplies neatly.

- When supplies run low, notify Kerri Jensen.

- Document any fixtures not working properly by noting the issue on the communication sheet.

- Record on the communication sheet any items that have been broken or destroyed.

- Do not disturb papers or other items on desks (staplers, tape dispensers, baskets, etc.)

- Do not empty recycle receptacles.

- Do not dust wildlife mounts.

EXCEPTIONAL CLEANING SERVICES:

Contractor may occasionally be required to perform cleaning services on an exceptional basis for items or areas not routinely covered by the Statement of Work. Such services shall be requested by the ODFW Building Coordinator on an individual basis and shall be billed separately on a monthly basis as applicable.

ODFW will:

1. Furnish all hand soap, toilet tissue, toilet seat covers, paper towels (for use in restrooms), and wastebasket trash liners/bags.

2. Furnish and install light globes or fluorescent light tube replacements.

3. Make a joint inspection with the Contractor of the building to review performance.

I. DELIVERABLES AND SCHEDULE:

All services will be performed in a professional manner and in accordance with standards and methods generally accepted and considered "state of the art" within the janitorial services industry at the time designated below.

Janitorial services shall be performed one (1) day per week, MONDAY through FRIDAY, excluding holidays observed by the State of Oregon. Regular services shall be performed between 4:30pm & 10:00pm (or hours agreed upon by Contractor and ODFW) (excluding holidays) on items specified in this Statement of Work. Holidays falling on a Saturday will be observed on the previous Friday, holidays falling on a Sunday will be observed the following Monday. Any deviation from this schedule must be approved in advance by ODFW. Performances of the service must not interfere with the conduct of business or activities of ODFW.

Contractor will supply the ODFW Building Coordinator with a schedule indicating upon which day(s) of the week required work will be performed as well as a schedule indicating when monthly and quarterly work will be done. The Contractor will provide a check list of the duties performed each week. Unless otherwise agreed to between Contractor and the ODFW Building Coordinator the work will be performed on the scheduled days.

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As a condition to Contractor's performance hereunder, Contractor shall employ no person to perform work under this Contract for more than ten (10) hours in any one day or more than forty

(40) hours in any one week, except in cases of necessity, emergency or where the public policy absolutely requires it, in such cases, the employee shall be paid at least time and a half pay:

a. For all overtime in excess of eight (8) hours a day or forty (40) hour in any one week when the work week is five (5) consecutive days, Monday through Friday; or

b. For all overtime in excess of ten (10) hours a day or forty (40) hours in any, one (1) week when the work week is four (4) consecutive days, Monday through Friday; and

c. For all work performed on legal holiday specified in ORS 279.334.

Contractor shall give written notice to employees who work under this Contract either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

II. PAYMENT METHOLODOGY

Monthly invoices

III. DELIVERABLE REVIEW & ACCEPTANCE PROCESS

Contractor will contact a designated ODFW representative to make a joint inspection of the building and review performance monthly or as determined necessary by the Fish and Wildlife representative.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due 05/17/24 10:00

AM

Answers to Questions and Clarifications Due (approximate)

05/18/24 10:00

AM

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

05/21/24 2:00

PM

Opening of Bids 05/21/24 2:05

PM

Notice of Intent to Award (approximate) 05/28/24 2:30

PM

Contract Execution (approximate) 6/4/24

Agency operating hours are:

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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.

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to its authority under OAR 125-246-0170(3) 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 (RESERVED)

2.3 PRE-BID CONFERENCE (RESERVED)

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 .

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

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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.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing to the SPC identified on the cover page of this ITB (mail, inperson or email are acceptable).;

• Reference the ITB #S-63500-000010042;

• 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 until final delivery.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid both on electronic thumb drive media and hard copy. Hard copy version must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Bid. Agency requests Bids be submitted with the edges unbound.

The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

https://oregonbuys.gov/

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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:

3.2.2.1 DELIVERY THROUGH OREGONBUYS

Bid submission should be electronically through OregonBuys. at: OregonBuys.gov

3.2.2.1.1 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL

OR PARCEL CARRIER

Bids may be submitted by: Mail, E-Mail, or Fax, and, addressed as follows:

MAIL:

ODFW East Region Office Janitorial Contract S-63500-00010410

OREGON DEPARTMENT OF FISH AND WILDLIFE

Marcus Jones / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

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

Subject: BID FOR S-63500-00010410

Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

3.2.3 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 in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.

• 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.

3.2.4 BID WITHDRAWAL

mailto:ODFW.Bids@odfw.oregon.gov

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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, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will not be publicly opened and the names of all Bidders will not be read by Agency 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 CLOSING

Bids must be submitted by Bid Closing 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

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

3.3.4 REFERENCES

Bidder must provide 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;

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• Description of services or products provided;

• Service or product delivery starting and ending dates; and

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

3.3.5 (RESERVED)

3.3.6 (RESERVED)

3.3.7 BID REQUIREMENTS

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

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to 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. If the ITB authorizes the award of multiple Contracts/Price Agreements, Agency shall award the Contract to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Bidder must have been in business for a minimum of 5 years.

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.

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4.6 RESERVED

4.7 PREFERENCES (RESERVED)

4.7.1 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.

4.7.2 RECIPROCAL PREFERENCE

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

4.7.3 RECYCLED MATERIALS

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

4.7.4 PUBLIC PRINTING

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

4.7.5 TIEBREAKERS

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

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

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.

https://www.naspo.org/reciprocity1

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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 Contact attached hereto as Attachment A is not negotiable.

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

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

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

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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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 CONFIDENTIAL OR PROPRIETARY INFORMATION

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

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

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

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. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)