Archives ITB for supplies.pdf

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 1 of 7

TABLE OF CONTENTS

1.1 SUMMARY OVERVIEW

1.2 DEFINITION OF TERMS

1.3 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 OREGONBUYS

2.3 QUESTIONS AND CLARIFICATIONS

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 QUOTE SUBMISSION REQUIREMENTS (GENERAL)

3.3 Minimum REQUIREMENTS (PASS/FAIL)

SECTION 4: QUOTE REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 PREFERENCES

4.5 METHOD OF AWARD

SECTION 5: If awarded, Agency must award the Purchase Order to the Responsible Bidder submitting the lowest, Responsive Quote. INTENT TO AWARD

5.1 AWARD NOTIFICATION

5.2 PAY EQUITY

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: Purchase Order 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 QUOTES/DAMAGES

7.5 RECYCLED PRODUCTS

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 2 of 7

GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Secretary of State, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Purchase Order for Goods.

The Agency has a need for a collection of goods that the Agency uses to build exhibit educational and promotional posters and documents. The total amount of the purchase of the collection of goods require that a competitive bid process be performed.

The benefits for the Agency is the collection of goods that will provide a more environmentally safe method of construction of educational and promotional exhibits.

• Agency anticipates the award of one Purchase Order resulting from this ITB.

• Required delivery date for the goods is no later than 6/28/2019

The goods to be bid on are on the items tab on Open Market Bid S-16500-00000011.

1.2 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 137-046-0110. These definitions do not apply to the Proposed Purchase Order.

1.2.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 137-046-0110.

“Bid Opening” means the date and time in which responses are due.

“Purchase Order” means, for this ITB, a public contract.

“Quote” is the OregonBuys term for the Bidder’s response.

“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.

1.3 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.

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 3 of 7

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to ORS 279A.050(4).

2.2 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov. ITB documents will not be mailed.

2.2.1 OREGONBUYS ASSISTANCE

Parties needing assistance with OREGONBUYS may contact the OREGONBUYS Helpdesk by telephone at (503) 373-7211 or by email at oregonbuys.support@oregon.gov .

2.2.2 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party.

Agency accepts no responsibility for missing or incorrect information.

2.3 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification related to this solicitation must be submitted using the Q&A tab in OregonBuys.

Agency will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, Agency may change this ITB by written Addendum posted to OregonBuys.

Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Quotes are firm offers for a period of 60 calendar days from Bid Opening.

3.2 QUOTE SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 QUOTE FORMAT

Bidder shall submit its Quote document through OregonBuys. The Quote 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 QUOTES

Bidder is solely responsible for ensuring its Quote is submitted through OregonBuys as a Quote, in accordance with the ITB requirements. Agency shall not be responsible for any delays in delivery.

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

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 4 of 7

3.2.3 QUOTE MODIFICATION

It is the responsibility of the Bidder to ensure modified Quotes are submitted before the Bid Opening date and time.

A Bidder wishing to make modifications to a Quote already received by Agency must submit a revision through OregonBuys.

3.2.4 QUOTE WITHDRAWAL

If a Bidder wishes to withdraw its Quote, the Bidder must withdraw its Quote prior to the Bid Opening date and time. The Bidder must complete the withdrawal process through OregonBuys prior to the Bid Opening date and time.

3.2.5 LATE QUOTES

Late Quotes will NOT be accepted or reviewed.

3.3 MINIMUM REQUIREMENTS (PASS/FAIL)

Bidders must respond to the questions presented in OregonBuys. Quotes will be reviewed on a Pass/Fail basis, which includes responses to the OregonBuys questions. 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 Quotes substantially meet the requirements of this ITB.

3.3.1 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Quote Cover Sheet

3.3.2 AUTHORIZED SIGNATURE

The Quote must be signed by person(s) legally authorized to bind the Bidder to the Quote and the Purchase Order resulting from this ITB. Upon request by Agency, any representative submitting a Quote 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 Quote to execute agreements on behalf of the entity.

SECTION 4: QUOTE REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Quote received prior to the Quote Opening will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Quotes Requirements section. If the Quote is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Quote. If the SPC finds the Quote non-Responsive, the Quote may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 5 of 7

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Purchase Order..

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

4.3 COST COMPARISON

Agency shall award the Purchase Order to the lowest Responsible Bidder whose Quote substantially complies with the requirements and criteria set forth in this Section.

Pricing will be determined by the total cost of all items and shipping cost.

4.4 PREFERENCES

4.4.1 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.

4.4.2 TIEBREAKERS

Oregon Supplies: If Agency receives Quotes identical in price, fitness, availability and quality and chooses to award a Purchase Order, Agency shall award the Purchase Order in accordance with the procedures outlined in OAR 137-046-0300.

4.5 METHOD OF AWARD

4.5.1 GENERAL AWARD

SECTION 5: IF AWARDED, AGENCY MUST AWARD THE PURCHASE

ORDER TO THE RESPONSIBLE BIDDER SUBMITTING THE

LOWEST, RESPONSIVE QUOTE. INTENT TO AWARD

5.1 AWARD NOTIFICATION

After a selection is made, Agency will issue an award on OregonBuys. Awards may be contingent upon the selected Bidder complying with Agency’s Responsibility inquiry. Quote files are public records and available for review at Agency by appointment.

5.2 PAY EQUITY

If Bidder employs 50 or more full-time employees and is selected for award valued at or above https://secure.sos.state.or.us/oard/viewSingleRule.action;JSESSIONID_OARD=hIakRyCcS64BRysd2bgjaoKaspp8fp4NH954ZTDKtP9te0ZY_Vue!-1281346129?ruleVrsnRsn=11326

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 6 of 7

$500,000, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services.

See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

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

As required by [ORS 279B.235 or ORS 279C.520], Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

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

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

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

5.3 NONDISCRIMINATION IN EMPLOYMENT

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

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

Bidder must be properly insured to provide the required Goods

SECTION 6: PURCHASE ORDER EXECUTION

the standard terms and conditions for Purchase Orders, provided as an attachment in OregonBuys, is non-negotiable Contractor shall not commence work under the Purchase Order until the Purchase Order has been executed.

SECTION 7: ADDITIONAL INFORMATION

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

DAS Procurement Services, Version 1.0 – February 20, 2019 | SoS Revisions Page 7 of 7

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

Quotes submitted in response to this ITB become the property of Agency. The submission of a Quote 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 Quote solely for the purpose of evaluating the Quote, awarding a Purchase Order, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws.

Quotes, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Bid Opening.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Quotes, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF QUOTES/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Quotes 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 Quotes. Unless Agency cancels this ITB prior to the Bid Opening, all Quotes will become part of the public record without obligation to Agency.

7.5 RECYCLED PRODUCTS

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