Bid Solicitation Terms and Conditions~1.docx

Bid Solicitation Terms and Conditions

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the Bid Solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the Bid Solicitation must be submitted using the Q&A function in OregonBuys.

PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Bid is submitted through OregonBuys in accordance with the Bid Solicitation requirements before the Bid Opening date. Agency is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. A Bid submitted by any means not authorized below will be rejected. Additional information may be found in the OregonBuys Terms of Use.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Bid, or to withdraw its Bid, it must do so through OregonBuys prior to the Bid Opening.

PROPOSAL REJECTION

Agency may reject a Bid for any of the following reasons:

Proposer fails to substantially comply with all prescribed Bid Solicitation procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Bid.

Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

Proposer fails to meet the responsibility requirements of ORS 279B.110.

Proposer makes any contact regarding this Bid Solicitation with State representatives such as State employees or officials other than the Single Point of Contact or those the Single Point of Contact authorizes, or inappropriate contact with the Single Point of Contact (“SPC”).

Proposer attempts to influence a member of the Evaluation Committee.

Responsiveness and Responsibility determination Responsiveness determination A Bid received prior to the Bid Opening date will be reviewed to determine if it is Responsive to all Bid Solicitation requirements. If the Bid is unclear, the SPC may request clarification from Proposer. 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 137-047-0470.

Responsibility determination Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Purchase Order. Selected Proposer shall submit a signed Responsibility Inquiry form (provided by the SPC at time of award).

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

CERTIFIED FIRM PARTICIPATION

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: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Purchase Order has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (provided by the SPC) prior to execution.

GOVERNING LAWS AND REGULATIONS

This Bid Solicitation is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this Bid Solicitation, 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 shall 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.

OWNERSHIP/PERMISSION TO USE MATERIALS

All Bids are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Bids submitted in response to this Bid Solicitation becomes the Property of Agency. By submitting a Bid in response to this Bid Solicitation, Proposer 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 Proposal solely for the purpose of evaluating the Bid, negotiating a Purchase Order, if awarded to Proposer, or as otherwise needed to administer the Bid Solicitation process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer.

CANCELLATION OF BID SOLICITATION; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Bids in-whole or in-part, or may cancel this Bid Solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the Bid Solicitation, award, or rejection of any Bid.

COST OF SUBMITTING A BID

Proposer shall pay all the costs in submitting its Bid, including, but not limited to, the costs to prepare and submit the Bid, costs of samples and other supporting materials.

RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Purchase Order. (ORS 279B.025)