9656 ITB.pdf

OPRD PROCUREMENT No. 9656

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OPRD Project # 9656

OregonBuys Bid Solicitation # S-63400-00007271

OREGON PARKS AND RECREATION DEPARTMENT

is issuing this Intermediate Procurement for

Bagged Ice and Delivery Services to Farewell Bend State Park

Single Point of Contact (SPC): Dee E. Brausch, Procurement Specialist Oregon Parks and Recreation Department 725 Summer Street NE, Suite C

Salem, OR 97301 Phone: 971-720-0408 E-mail: dee.e.brausch@oprd.oregon.gov

ATTACHMENTS:

Attachment 1 Contractual Acceptance Form

Attachment 2 Pricing Proposal Form

Attachment 3 Sample Contract

Exhibit A: Specifications

Exhibit B: Compensation

Exhibit C: Insurance Requirements

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1. PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is issuing this Invitation to Bid (ITB) to establish a contract for bagged ice and delivery services to Farewell Bend State Park at 23751 Old Hwy 30, Huntington, OR 97907. OPRD intends to order ice as needed throughout the term of the awarded contract.

As a result of this ITB, OPRD will award one (1) contract for bagged ice and delivery services.

The form of the resulting contract and applicable general provisions are included in Attachment 3.

1.2 SPECIFICATIONS

The purpose of this Contract is to provide 7-pound bagged ice, ice machines, and and ice delivery to Farewell Bend State Park. Detailed specifications and delivery requirements for the goods are described in Attachment 3.

1.3 DELIVERY ADDRESS

Bidder is responsible for delivery and off-loading. Delivery FOB Destination to the address below:

Oregon Parks and Recreation Department Farewell Bend State Park 23751 Old Highway 30 Huntington, OR 97907

1.4 ADDITIONAL INFORMATION

Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services on State property.

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.

2. SOLICITATION PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d). This

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Procurement is conducted under intermediate procurement procedures per ORS 279B.070 and in accordance with OAR 137-047-0270, Intermediate Procurements.

2.2 DEFINITION OF TERMS

2.2.1 Capitalized terms in the Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

2.2.2 Crosswalk of Terms for OregonBuys

Terms used in OregonBuys

Definition

Addenda “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Addenda.

Bid Opening Date

“Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046- 0110(21) will immediately occur.

Bid Solicitation

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

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement;

price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.;

purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

2.3 PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. OPRD may modify the schedule at its sole discretion.

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Solicitation Issued/Posted on OregonBuys……………………………May 15, 2023

Deadline for Inquiries (Requests for Clarification)…………………May 22, 2023 at 5:00 PM PT

Closing/Bids Due/Opening………………………………………………….…May 29, 2023 at 2:00 PM PT

Contract Awarded………………………………………………………………….June 1, 2023

2.4 PUBLIC NOTICE

The solicitation, including all Addendums and attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Bidders.

2.5 PRE-BID MEETING

There is no pre-Bid meeting scheduled for this solicitation.

2.6 QUESTIONS / REQUESTS FOR CLARIFICATION

2.6.1 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this Solicitation Document. Any request for clarification must:

• Be submitted in writing to the Single Point of Contact at: dee.e.brausch@oprd.oregon.gov and indicate OregonBuys Bid No. S-63400-0000****/OPRD Procurement No. 9656 on the written request; and

• Be received by the deadline for inquiries designated in section 2.3 Procurement Schedule, or as changed by Addenda.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys.

OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum in accordance with section 2.6.2 below.

2.6.2 Changes to Solicitation Document. Changes to the Solicitation Document will be made only by Addenda issued by OPRD and posted on OregonBuys https://oregonbuys.gov/bso

2.7 BID REQUIREMENTS

2.7.1 Bid Requirements

Bids must be completed and submitted via OregonBuys on the forms and in the format required in attached to this Solicitation Document:

2.7.1.1 Bid Content. The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to the following:

A. Contractual Acceptance Form:

mailto:dee.e.brausch@oprd.oregon.gov

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The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an authorized signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Pricing Proposal Form:

The Bid must contain a completed Pricing Proposal Form (Attachment 2). All Pricing Proposals must be valid for 30 days from Closing.

C. Minimum Requirements:

The Bid must comply with all minimum requirements and specifications described below:

• License(s). The Bid must contain information that clearly demonstrates that Bidder is currently licensed or certified to provide the ice services described in this Solicitation Document.

2.7.2 Specifications; Minimum Requirements

The Bid must comply with all of the required Specifications described in Attachment 3.

2.7.3 Bid Submission

A. Acceptable Delivery and Receipt. To be considered Responsive, Bids must:

• Be submitted to OregonBuys https://oregonbuys.gov/bso prior to Closing date and time.

B. Unacceptable Delivery and Receipt. OPRD will not accept or consider Bids that are:

• Submitted orally, by FAX, or electronically (via Email, the World Wide Web, or some other Internet protocol);

• Received at a physical location; or

• Received after the Closing.

2.7.3.1 Bid Modification. Any Bidder that wishes to make modifications to a Bid already submitted in OregonBuys shall submit its modification before the Bid Opening Date and time specified in OregonBuys for this ITB. Bidder must note the specific change(s) to the Bid submission.

Modifications made after Bid submission must be uploaded to OregonBuys after deleting prior submittal items, using the “Withdraw Quote” button.

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2.7.3.2 Bid Withdrawal. If a Bidder wishes to withdraw a submitted Bid, Bidder shall do so prior to Opening Date and time specified in OregonBuys for this ITB. Bidder also must use the “Withdraw Quote” button in OregonBuys to withdraw the Bid.

2.7.3.3 Bid Costs. All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by OPRD.

2.7.4 Public Records; Trade Secrets. This Solicitation Document and one copy of each original Bid received in response to it will be kept by OPRD and made a part of a file or record which will be open to public inspection. If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.501(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each sheet of such information must be marked as follows:

“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 192.410 through 192.505.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. Go to: https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD will not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD will also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

2.8 BID OPENING

Bids and all required submittal items must be received by the SPC in OregonBuys on or before Opening. All Bid modifications or withdrawals must be completed prior to Opening. Bids received after Opening will be considered LATE and will NOT be accepted for evaluation.

There will be no public Bid Opening. Bids will be opened by the Single Point of Contact at the Closing date and time designated in section 2.3 Procurement Schedule or as changed by Addendum. Bids received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, OPRD will record and make available the identity of all Bidders after Opening.

3. EVALUATION PROCESS

Bids received prior to Closing will be evaluated in accordance with the evaluation process described below, OAR 137-047-0270, and any other applicable rules and statutes.

3.1 CLARIFICATION OF BIDS

During the evaluation process, OPRD may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

OregonBuys S-63400-00007271 Page 7 of 8 to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.2 DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3 CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.4 ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in section 2.7. Bids deemed non-Responsive will be rejected. Bids deemed Responsive will be further evaluated as described below.

3.5 METHOD OF AWARD

Only Responsive Bids will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Bidder whose Bid will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility.

3.6 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 125, OPRD must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal,

(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on the Contractual Acceptance Form (Attachment 1) whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.7 BIDDER RESPONSIBILITY

In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Goods or Services.

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4. AWARD PROCESS

4.1 INTENT TO AWARD

OPRD will notify all Bidders via Notice on OregonBuys of the selected Bidder. This announcement will serve as notice to all Bidders that OPRD intends to award a contract to the selected Bidder, subject to the successful negotiation of any negotiable provisions.

4.2 CONTRACT REQUIREMENTS

4.2.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and the terms and conditions contained in this Solicitation Document.

The form of contract will be a standard State of Oregon Purchase Order that incorporates the terms and conditions contained in Attachment 3.

A Bidder shall not make a Bid contingent upon OPRD’s acceptance of terms or conditions (including Specifications) that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in section 2.6.2 of this Solicitation Document.

4.2.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

4.2.3 Insurance. If Bidder will be shipping the Goods on their own truck/vehicle, the selected Bidder shall provide to OPRD certificates and additional insured endorsements for the automobile liability insurance required in Attachment 3.