Dairy.docx

Oregon Department of Corrections (ODOC) Purchasing/Contracts Division 3723 Fairview Industrial DR SE Salem, OR 97302

INVITATION TO BID FOR PURCHASE OF

Dairy Products

ITB S-29100-00005686

For

PRICE AGREEMENT

PLEASE NOTE: Bid must include all documents listed under C.4.1

NOTE: Bid information, including price sheets, will not be available for public disclosure until after award of the contract. At the time of Bid Opening, only the name of the Bid and time of Bid receipt will be read aloud.

TABLE OF CONTENTS

SECTION A: SCHEDULE OF EVENTS

SECTION F- RESIDENCY INFORMATION (PART A & B) (Section Must Be Completed and Returned With Bid)

SECTION 8 – SIGNATURE OF ODOC'S DULY AUTHORIZED REPRESENTATIVE

(To Be Completed By ODOC) ADDENDA - if any

SECTION A – SCHEDULE OF EVENTS

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

SECTION B – INTRODUCTION

B.1 PURPOSE OF THIS SOLICITATION:

The purpose of this Invitation to Bid (ITB) is to establish a Price Agreement (PA) with one or more qualified Contractors to provide for the purchase of Dairy Products as indicated in this ITB for the Oregon Department of Corrections (ODOC) institutions. ODOC will order the Goods indicated in this ITB utilizing pricing from Section 6 of this ITB and an ODOC approved Purchase Order (OP). The State reserves the right to award one or more Price Agreement(s) as solely determined by ODOC SPC.

B.1.1 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: 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/

B.1.2 AUTHORITY:

ODOC is conducting this Invitation to Bid pursuant to its authority under ORS 421.438 as a single step solicitation.

B.1.3 SINGLE POINT OF CONTACT (SPC):

There will be only one (1) ODOC point of contact during the solicitation process. The designated SPC for questions concerning the procurement process, requests for brand approval, change, clarification, and protests (if protest are permitted for this ITB), the award process, and any other questions that may arise is Ben Hittle, Procurement/Contract Specialist (PCS), who can be contacted by email at docfoodbuy@doc.oregon.gov.

All contact regarding this ITB must be directed to the ODOC SPC identified in Section B.1.3. Contact with other ODOC staff regarding this ITB without prior clearance from the SPC will lead to disqualification.

B.1.4 TERM:

The initial term of the awarded Price Agreement(s) will be two (2) years from the date of award. At the end of the initial term ODOC Purchasing Unit may decide to extend for additional term(s) or portions thereof, or for the entire optional period (8 additional years). Extension for each additional term shall be offered at the sole discretion of ODOC Procurement Unit and is subject to written mutual agreement. The maximum resulting Price Agreement term, including the initial term and all subsequent extensions, shall not exceed ten (10) years unless an emergency exists and/or special circumstances require additional term extensions beyond the ten (10) years.

B.1.5 Pursuant to OAR 291-164-0110, Agency reserves the right to directly purchase, without further competitive process, additional like commodities, not to exceed $25,000, from a Contractor awarded a Contract under this ITB when Agency determines, in its reasonable administrative discretion, that it is practical or convenient to do so.

B.1.6 ITB, ADDENDA AND ATTACHMENTS:

“ITB” means all documents whether attached or incorporated by reference and any Addenda thereto, and the Terms and Conditions, used for soliciting bids in accordance with OAR 291-164-0120. ITBs, including all Terms and Conditions, Addenda, and attachments, are posted on the Oregon Procurement Information Network (ORPIN) website and will not be mailed to prospective Bidders. Addenda can be downloaded from ORPIN. Bidders should consult ORPIN regularly until Bid Closing to ensure that they have not missed any Addenda announcements. It is the sole responsibility of each Bidder to obtain all Addenda information from the ORPIN System. BY SUBMITTING A BID, EACH BIDDER THEREBY AGREES THAT THEY ACCEPT ALL RISKS ASSOCIATED WITH OR RELATED TO BIDDER’S FAILURE TO OBTAIN ANY OR ALL ADDENDA INFORMATION.

B.2: HISTORICAL DATA: The Oregon Department of Corrections purchases varying amounts of the items listed in section 5 of this document.

B.3 ESTIMATED SPEND:

Estimated spend of $1,500,000 per year.

However, purchases may be in a greater or lesser volume than indicated in Section B.3 during any term of the Price Agreement awarded. Therefore, the quantities of orders indicated are estimates offered solely for the purpose of illustrating potential sales volumes and should not be construed as an indication of the volume of Good(s) Bidder may be required to provide under the Price Agreement awarded. These volume and spend figures are not, and may not be construed as, any representation, warranty, or guarantee of the volume and spend for Good(s) that actually will be purchased by ODOC. Bidders agree to accept all risks associated with the volumes and spend of Goods actually purchased under any resulting Price Agreement. BY SUBMITTING A BID, EACH BIDDER THEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY CLAIM IT MAY HAVE, IF AWARDED A PRICE AGREEMENT, THAT MAY ARISE OUT OF OR RELATED TO THE VOLUME OF GOODS PURCHASED UNDER ANY PRICE AGREEMENT.

Bids will be accepted only from established manufacturers or their authorized dealers. Any dealer submitting a Bid hereby guarantees that it is an authorized dealer of the manufacturer, that the manufacturer has agreed to supply the dealer with all quantities of Good(s) required by the dealer in fulfillment of its obligations under any resultant Price Agreement(s) with the ODOC, and, if requested, that it will provide a certificate from the manufacturer acknowledging this level of support.

B.4 METHOD OF BIDDING:

B.4.1 Bidders shall submit pricing for Bid items as indicated in Section 6, “Pricing, Payment Discount, and Credit Card Payment”.

B.4.2 Bidders must submit all information, including pricing, and discounts as requested in the ITB.

B.4.3 Bidders shall Bid in US Funds, no more than four (4) digits to the right of the decimal point.

B.5 METHOD OF AWARD:

Pursuant to the bid evaluation criteria specified in section C.12 of this ITB, ODOC may award a single or multiple Award(s) to responsible Bidders submitting responsive Bid pricing. The definition of a responsive Bidder(s) is located in Section C.12.1. The definition of responsible is located in Section C.12.2 of this ITB.

B.6 DEFINITIONS:

Unless otherwise noted, the definitions in Section C.1 are applicable to the entire ITB. Additional Definitions are found in Exhibit A, Section 1.

B.7 SOLICITATION LAW AND RULES:

This ITB and any awarded Price Agreements and resulting Contracts are governed by Oregon Law. Specific laws and rules that govern this solicitation process are found in Chapter 279A and 279B of the Oregon Revised Statues, and Oregon Administrative Rule (OAR) 291 Division 164. The ITB and any awarded Price Agreements and resulting Contracts may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

B.7.1 OREGON REVISED STATUTES (ORS 279A and 279B) Legislative Counsel Committee online at:

https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

B.7.2 OREGON ADMINISTRATIVE RULES (OAR 291 DIVISION 164)

Oregon Secretary of State online at: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_tofc.html

SECTION C - GENERAL BIDDING INFORMATION

C.1 ITB DEFINITIONS:

Together with the Definitions found in Exhibit A, Section 1 of the Price Agreement, the following definitions apply to this ITB:

"Addendum" or "Addenda" means an addition or deletion to, a material change in or general interest explanation of this ITB. Addendum or Addenda shall be labeled as such and shall be made available to all interested Bidders on the Oregon Procurement Information Network (ORPIN).

"Bid" means a response to an Invitation to Bid and is synonymous with “Offer”.

"Bidder" means a person who submits a Bid in response to this Invitation to Bid.

“Closing" means the date and time announced in ITB as the deadline for submitting Bids.

“Contractor" means a person or organization with which the ODOC has contracted for the purchase of Goods. The terms "Contractor" and "Seller" as used in the Uniform Commercial Code (ORS chapter 72) are synonymous.

"Invitation to Bid" or "ITB" is defined in ORS 279B.005 and ORS 279C.400 and means all documents whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids in accordance with ORS 279B.055.

“OAR” means the Oregon Administrative Rules.

“ORS” means the Oregon Revised Statutes.

"Opening" means the date, time and place announced in the Solicitation Document for the public opening of Bids.

“OB” means the on-line electronic OregonBuys administered by the third party contracted by the State of Oregon.

“ODOC” means the Oregon Department of Corrections and is synonymous with “Buyer” as used in ORS Chapter 72.

“Solicitation Document” means this Invitation to Bid and all other documents, either attached or incorporated by reference, and any changes thereto, issued by ODOC to establish a Contract.

C.2 GENERAL INFORMATION:

C.2.1 BIDS ARE FIRM OFFERS:

A Price Agreement resulting from this ITB constitutes a firm offer by the Bidder regardless of whether any order or purchase has been made or any performance has been tendered under the Price Agreement. A resulting Price Agreement is enforceable for the period stated in the Price Agreement and notwithstanding ORS 72.2050; obligations hereunder are not revocable by the awarded Contractor. See ORS 279B.140

C.2.2 BID SUBMISSION AND CLOSING:

ODOC will receive Bids until the Closing date and time specified in Section A, “Schedule of Events” of this ITB, or as amended by Addenda. All Bids must be submitted in the manner required in Section C.3of this ITB.

C.2.3 RESERVED

C.2.4 RESERVED

C.2.5 TRADE SECRETS:

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, 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 price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information submitted by Bidder when authorized or required by law, or pursuant to a court or administrative order to do so. The State is immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3).

Identifying the Bid, in whole, as exempt from disclosure as a trade secret or as confidential proprietary information is not acceptable. Bidder is cautioned that 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 that Bidder claims are exempt from disclosure, Bidder is deemed to waive any future claim of non-disclosure of that information.

C.3 BID FORMAT:

C.3.1 SIGNATURE REQUIRED; BIDDER AFFIRMATIONS:

All Bid documents requiring signature must be signed in ink or by electronic signature per ORS Chapter 84 by an authorized representative of the Bidder. Bidder's signature and submission of the Contractor's signature page in Section 8 of the Price Agreement in response to the ITB constitutes Bidder's affirmation that:

C.3.1.1 Bidder has completely read and understands all the provisions of this ITB.

C.3.1.2 The Bid submitted is in response to the specific language contained in this ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

C.3.1.3 The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

C.3.1.4 The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder's failure to comprehend all requirements of this ITB.

C.3.1.5 The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process.

C.3.1.6 Bidder accepts and agrees to be bound by the terms and conditions of the Terms and Conditions, and agrees to provide all goods ordered by ODOC.

C.3.1.7 Contractor has the power and authority to enter into and perform this Contract.

C.3.1.8 This Contract, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms.

C.3.1.9 Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the effective date of this Contract, faithfully has complied with:

(a) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

(b) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

(c) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

(d) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

C.3.1.10 Any Good(s) delivered to ODOC under this Contract, and Contractor’s Services rendered in the performance of Contractor’s obligations under this Contract, shall be provided to ODOC free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

C.3.1.11 ITBs, ADDENDA AND ATTACHMENTS:

“ITB” means all documents whether attached or incorporated by reference and any Addenda thereto, and the Terms and Conditions, used for soliciting Bids in accordance with OAR 291-164-0120. ITBs, including all Terms and Conditions, Addenda, and most attachments, are posted on the ORPIN website and will not be mailed to prospective Bidders. Addenda can be downloaded from ORPIN. Bidders should consult ORPIN regularly until Bid Closing to ensure that they have not missed any Addenda announcements. It is the sole responsibility of each Bidder to obtain all Addenda information from the ORPIN System. BY SUBMITTING A BID, EACH BIDDER THEREBY AGREES THAT IT ACCEPTS ALL RISKS ASSOCIATED WITH OR RELATED TO BIDDER’S FAILURE TO OBTAIN ANY OR ALL ADDENDA INFORMATION.

C.3.2 BID SUBMITTAL:

ODOC will not accept any oral, telephone, manual (mailed or hand carried hard copies) or facsimile Bids. ODOC will only accept Bids via e-mail as provided in Section C.3.3 and through OregonBuys (OB) as provided in Section C.3.4.

C.3.3 BIDS SUBMITTED VIA E-MAIL:

Bidders submitting Bids via e-mail must prepare the bidding documents in the conventional manner as specified in Section C, “General Bidding Information”. Bids submitted via e-mail must be sent on this ITB form. The specified ITB documents must be scanned in PDF or MS Office compatible format and submitted through the e-mail address indicated in Section C.3.3.1.

C.3.3.1 The Bid e-mail subject or reference line must include the ITB # and Title, as follows:

RE: ITB #S-29100-00005686, Dairy Products Failure to clearly identify the Bid name in the subject line may cause misrouting of the Bid and late delivery, resulting in disqualification.

SUBMIT BIDS TO: docfoodbuy@doc.oregon.gov C.3.3.2 Bids must be received by the Date and Time stated in, Section A, “Schedule of Events”. Subject to Section C.3.6, submittals that are late, incomplete, or misdirected will be considered non-responsive, with no exceptions. ODOC relies on the State of Oregon e-mail system clock to determine the correct time and is not responsible for any delays or difficulties experienced in the transmission of a Bid. Please do not wait until the last minute to e-mail your Bid. At least one business day prior to transmitting a Bid, Bidders are encouraged to send a test e-mail to the submission e-mail address shown above, with “Test” in the subject line. ODOC will respond to the test e-mail to acknowledge receipt. ODOC will accept only signed e-mail Bids converted and compatible with MS Office applications and .pdf files. Do not submit .zip, .exe or .com files. Electronic generated signatures by a software program on Bids will be allowed as indicated in Section C.3.1. Bids in excess of 10 megabytes must be incrementally submitted. When submitting the Bid in multiple e-mails, Bidders shall sequentially number the e-mail submittals. Bidders are strongly encouraged to phone the Single Point of Contact prior to the submission deadline to confirm delivery.

C.3.4 BIDS SUBMITTED THROUGH OREGONBUYS (OB) SYSTEM:

This opportunity allows Bidders to enter secure online electronic Bid responses. In order to enter electronic Bid responses, suppliers must register in the OB system and select "Electronic Bidding" when choosing a subscription. Bidders must be certified (authenticated) with the State as an e-Bid supplier. This is done by completing vendor registration, which is available in OB.

C.3.4.1 If you have already registered in OB but did not designate that you wished to submit electronic Bids, the Primary Contact can change this in OB under "My Profile/Subscription Information" and submit the Supplier Authentication Application Packet to the address indicated. If you need help with your Electronic Authentication Application or registering in OB, you should contact the OB help desk via email at support.oregonbuys@das.oregon.gov Bidders unfamiliar with OB are encouraged to go to the OregonBuys website at: OregonBuys This website contains useful Supplier information regarding the OB system and opportunities posted in OB.

C.3.5 Submittals that are late, incomplete, or misdirected will be considered non-responsive, with no exceptions C.3.6 ODOC is not responsible for lost Bids, misdirected Bids, or the proper handling of any Bid not properly identified, marked and submitted within the specified time frames.

C.3.7 FORMS TO BE USED Bidders must submit all required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by ODOC shall be formatted in the manner called for in the ITB and submitted on Bidder's letterhead.

C.4 BID CONTENTS:

C.4.1 INFORMATION TO BE INCLUDED;

SIGNATURES: Bids must include the following ITB PAGES

· COVER PAGE (Page 1);

· SECTIONS D, E, F and G; Signed by Authorized Representative

· EXHIBIT A, “Price Agreement”; Signed by Authorized Representative

· SECTION 6, “Pricing, Payment Discount, and Credit Card Payment”SECTION 7, “Signature of Bidder’s duly Authorized Representative”

· ALL ADDENDA REQUIRING SIGNATURE; and

· All OTHER DOCUMENTS IDENTIFIED IN THE ITB AS REQUIRED CHECKLIST DISCLAIMER: Any Bidder checklists that may be contained in this ITB are provided only as a courtesy to prospective Bidders. ODOC makes no representation as to the completeness or accuracy of this Bidder checklist. Prospective Bidders are solely responsible for reviewing and understanding the ITB and complying with all the requirements of this ITB, whether listed in a checklist or not.

C.4.2 All Bids must be complete in all respects, including necessary signatures, certifications, documentation, responses on pricing and Specifications pages, and any other required information. All necessary attachments (residency statement, references, descriptive literature, manufacturers' warranties, etc.) must be submitted with the Bid in the required format.

C.4.3 RESERVED

C.4.4 GOOD PRICING AND IDENTIFICATION:

Bidders must clearly identify all Goods Bidder is bidding on, including all information requested in Section 6 “Pricing, Payment Discount, and Credit Card Payment”.

C.4.4.1 BRAND NAMES:

All brand names referenced are for comparison purposes only and are not meant to be restrictive unless otherwise indicated in the ITB.

C.4.4.2 Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand named. Bidder may show cost differences, substitute brands and options in the space provided in the ITB.

C.4.4.3 ODOC SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A GOOD OFFERED IS "EQUAL." When the designation is "or equal" or "or equivalent" ODOC shall make its decision after Bid Closing.

C.4.5 JOINT VENTURES/PARTNERSHIPS:

When a Bidder is a partnership or joint venture, Bidder shall supply, with the Bid submission, the name of the contact person for the partnership or joint venture. Prior to award, joint ventures and partnerships submitting Bids must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Price Agreement that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. Such Bidder must also designate a contact person for purposes of receiving all notices and communications under the Price Agreement. All partners and joint venturers will be required to sign the Price Agreement awarded.

C.4.6 SUBCONTRACTORS:

The use of subcontractors will be permitted in the provision of Goods under this Price Agreement with prior written approval of the Agency. In the event the Contractor is unable to provide Goods at a location with Contractors own work force, Contractor may employ a subcontractor to provide such Goods, per the provisions of this Contract. All subcontractors that Contractor plans to use must be identified in the Bid. Each such subcontractor must meet all requirements of this ITB and provide all insurance information and coverage’s required of Contractor.

C.4.6.1 The prime Contractor shall be solely responsible for all work performed under the Price Agreement including work performed by subcontractors and shall be responsible for all payments to subcontractors for work performed under this Price Agreement.

C.4.7 SUBSTANTIAL COMPLIANCE REQUIRED:

ODOC will not consider incomplete Bids (not in substantial compliance with ITB requirements), and Bidders cannot supplement incomplete Bids by delivering submissions after Closing. However, in ODOC’s sole discretion, ODOC may waive minor informalities, irregularities, or nonconformance with this ITB; and ODOC may seek clarification from Bidders of any response that, in its sole discretion, it deems necessary or advisable.

C.4.8 ALTERNATE BIDS NOT CONSIDERED:

Alternate Bids will not be considered for award. An Alternate Bid is defined as one which is submitted in addition to the Bidder's primary response to the ITB. Bidders may submit only one (1) Bid per Bidder. Bidders may NOT submit multiple prices for the same line item. Bidders may only submit one price per line item. Unless otherwise stated in this ITB, Bidders may not offer varieties of product and pricing within a single line item.

C.5 RESERVED

C.6 METHODS OF SEEKING MODIFICATIONS OF ITB PROVISIONS:

C.6.1 PROCEDURE:

The appropriate means of seeking modifications to provisions of an ITB are through a request for (a) formal submittal of requests for changes to contractual terms or Specifications; and (b) formal submittal of protests, if protests are allowed for this ITB, of contractual terms or Specifications.

C.6.2 RESERVED

C.6.3 REQUEST FOR CLARIFICATION:

Any Bidder requiring clarification of any provision of the ITB may make a request for clarification in writing, to the SPC listed in Section B.1.3. To be considered, ODOC must receive the request for clarification by the deadline specified Section A, “Schedule of Events”, of this ITB.

C.6.3.1 RESPONSE TO REQUESTS FOR CLARIFICATION:

CLARIFICATIONS, WHETHER VERBAL, IN WRITING, OR INCLUDED IN AN ADDENDUM AS A "CLARIFICATION," DO NOT CHANGE SPECIFICATIONS, CONTRACTUAL TERMS, OR PROCUREMENT REQUIREMENTS OF AN ITB. IF A REQUEST FOR CLARIFICATION RAISES AN ISSUE THAT ODOC DETERMINES SHOULD BE HANDLED BY FORMALLY AMENDING THE ITB, ODOC WILL DO SO ONLY BY ANNOUNCING SUCH A CHANGE IN THE ADDENDUM, NOT THROUGH INFORMATION IDENTIFIED AS A "CLARIFICATION"

C.6.4 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS:

Any Bidder may submit a request for changes to contractual terms or Specifications, in writing, to the SPC listed in B.1.3. To be considered, ODOC must receive the request for changes by the deadline specified in Section A, “Schedule of Events”. Bidder must include in the request the reason for requested changes, supported by factual documentation, and any proposed changes to the contractual terms or Specifications, or both.

C.6.4.1 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.6.4. 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 the Agency's needs with regard to any omitted specification for which change should reasonably have been sought.

C.6.5 PROTEST OF CONTRACTUAL TERMS OR SPECIFICATIONS:

If protests are allowed for this ITB, any Bidder who believes contractual term(s) or Specification(s) are unnecessarily restrictive or limit competition may submit a protest, in writing, to the SPC listed in B.1.3. To be considered, ODOC must receive the protest by the deadline specified in Section A. “Schedule of Events” of this ITB. Bidder must include in the protest the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes to the contractual terms or Specifications, or both.

C.6.6 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS:

Bidders must mark requests for clarification, requests for change, and protests, if allowed in this ITB as follows:

Request for Brand Approval/Request for Clarification /Request for Change/Protest ITB Number and Titles Closing Date ODOC must receive the request by the date and time specified for Clarification and Modification stated in Section A, “Schedule of Events” of this ITB. Unless ODOC extends this specific deadline by subsequent Addendum, ODOC will not consider requests for clarification, requests for change, or protests (if protests are permitted under this ITB) pertaining to provisions contained in the originally-issued ITB after the date specified herein.

THIS IS THE BIDDER'S ONLY OPPORTUNITY TO REQUEST CLARIFICATION OF OR CHANGES TO THE CONTRACTUAL TERMS OR SPECIFICATIONS CONTAINED IN THE ITB. ANY BIDDER TAKING EXCEPTION TO THE CONTRACTUAL TERMS OR SPECIFICATIONS OF THIS ITB IN THEIR BID SHALL BE DEEMED NON-RESPONSIVE AND THEIR BID WILL BE REJECTED.

C.7 BID MODIFICATION:

ODOC will reject any Bid that fails to comply with the provisions of this Section C.7.

C.7.1 E-MAIL BIDS:

For Bidders submitting Bids via e-mail, the Bidder must initial in ink each individual alteration and erasure made before Bid submission. Bidders may submit modified Bids via e-mail before the Closing date and time, unless ODOC extends this specific deadline by subsequent Addendum. Bidder shall prepare modifications on Bidder's letterhead. Each modification document must be signed by an authorized representative of Bidder, and state that the modifications amend and supersede the identified portions of the prior Bid. Modified Bids must be submitted in accordance with Section C.3.3 of this ITB. ODOC will reject any Bid that fails to comply with the provisions of this paragraph. Bidders may not modify Bids after Bid closing. The Bidder shall mark the submitted modification as follows:

(a) Bid Modification; and

(b) ITB Number and Title

(c) Closing date and time

C.7.2 OB BIDS:

To modify Bids submitted via OB, Bidders must access OB and follow the instructions for Bid modifications.

C.8 RESERVED

C.9 BID WITHDRAWALS: If a Bidder wishes to withdraw a submitted bid, Bidder must do so prior to the Closing date and time, as identified in Section A, “Schedule of Events”, unless ODOC extends this specific deadline by subsequent Addendum.

C.9.1 E-MAIL BIDS:

Bids submitted via e-mail may be withdrawn in writing on company letterhead signed by an authorized representative of Bidder and submitted in accordance with Section C.3.3 of this ITB, and received by the SPC prior to Bid closing. The Bidder shall mark the written request to withdraw a Bid as follows:

(a) Bid Withdrawal; and

(b) ITB Number and Title; and

(c) Closing date and time.

C.9.2 ORPIN BIDS:

To withdraw Bids submitted via OB, Bidders must access OB and follow the instructions for Bid withdrawals.

C.10 OPENING:

ODOC will hold Bid Opening at 9:00 AM (Pacific Time) on the Closing date, or as indicated by Addendum, online via Microsoft Teams meeting. Only Bidders' names and addresses and time of Bid receipt will be read at the Opening. It is optional for Bidders to attend Opening. Bid information, including price sheets, will not be available for public disclosure until after award of the Price Agreement.

C.11 Cancellation and/or rejection of bids:

Pursuant to ORS 279B.100, ODOC reserves the right to reject any or all bids in whole or in part, and reserves the right to cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. ODOC’s 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 the ITB, rejection of all Bids, or award of bids.

C.12 BID EVALUATION CRITERIA:

ODOC will evaluate Bid(s) to identify responsive Bid(s) submitted by responsible Bidders and not otherwise rejected or disqualified (refer to ORS 279B.100 and ORS 279B.110). Adjustments made to account for reciprocal preferences, percentage of recycled materials, Buy Oregon Preference incorporated into the Goods will be for Bid evaluation purposes only (Refer to Sections C.12.4 through C.12.6.). No such adjustments shall operate to amend Bidders’ Bid or any Price Agreement awarded pursuant thereto. Bid(s) will be evaluated based on the following criteria

C.12.1 RESPONSIVENESS:

To be considered responsive, the Bid must substantially comply with all requirements of the ITB and all prescribed public solicitation procedures. In making such evaluation, ODOC may waive minor informalities and irregularities.

C.12.2 RESPONSIBILITY:

Prior to award of a Price Agreement, ODOC will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279B.110. In doing so, ODOC may investigate Bidder and request information in addition to that already required in the ITB, when ODOC, in its sole discretion, considers it necessary or advisable.

C.12.3 DISCOUNTS:

Bidder may offer cash or term discounts, or both, in its Bid and such discounts will be binding upon Bidder or in the event Bidder is awarded a Price Agreement. However, such discounts will not be considered for award purposes unless so specified in Section B.4.

C.12.4 RECIPROCAL PREFERENCE:

For Bid evaluation purposes only, ODOC will add a percent increase to each out-of-State Bidders Bid price which is equal to the percent preference, if any, given to resident Bidders of the Bidders state. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, ODOC will add ten (10) percent to that Bidder’s Bid price.

C.12.5 RECYCLED MATERIAL:

For Bid evaluation purposes only, ODOC will deduct from the Bid price an amount equivalent to the dollar value of the percentage of the Goods offered by Bidder constituting recycled paper and non-paper products, up to a maximum of twelve percent (12%) of the Bid price for recycled paper products, and up to a maximum of five percent (5%) of the Bid price for recycled non-paper products (See ORS 279A.125).

C.12.5.1 Bidder shall provide with their Bid, all documentation by the manufacturer, on manufacturer letterhead, which clearly shows percentages of recycled material in the packaging of Goods Bid. Any Bidder that claims recycled material content but does not provide the required manufacturers documentation with the Bid, shall not receive a deduction for their claim.

C.12.6 PREFERENCE FOR OREGON GOODS AND SERVICES:

ODOC prefers Oregon Goods and Services, and for Bid evaluation purposes, ODOC shall apply a five percent (5%) preference for Oregon Goods fabricated or processed entirely in Oregon or Services performed entirely in Oregon. This percentage shall be deducted from the total price submitted by the Bidder who meets this preference. This price reduction shall be for evaluation purposes only and shall not be reflected in the pricing incorporated into the awarded Bid. (ORS 279A.120) C.12.6.1 For Oregon Goods, “fabricated” (verb) means

C.12.6.2 For Oregon Goods, “processed” (verb) means

C.12.6.3 “Entirely” (adverb) means

C.12.6.3.1 QUALIFICATION FOR THE PREFERENCE: If the Bidder’s Goods satisfy either of the requirements of C.12.6.1 or the requirements of C.12.6.2, and the requirements in C.12.6, then the Bidder shall qualify for this 5% preference. For each requirement above (C.12.6.1 through C.12.6.3) a Bidder satisfies the requirement if their Goods meet the definitions in either of the requirement’s subsections

For example, a Bidder meets the requirement of C.6.1, if their Goods meet either the definitions of “fabricated in C.12.6.1.a or C.12.6.1.b.

Any Bidder that claims the preference for Oregon Goods and Services but does not provide the required information with the Bid shall not receive a deduction for their claim.

C.12.6.4 FURTHER PREFERENCE FOR GOODS AND SERVICES FROM RESIDENT BIDDERS:

If more than one Bidder qualifies for the preference under section C.12.6, ODOC may give a further preference to a qualifying Bidder that resides in or is headquartered in Oregon. In such a circumstance, ODOC will give an additional five percent (5%) preference for a qualifying Bidder that resides or is “headquartered” in Oregon, for a total possible preference of ten percent (10%). This percentage shall be deducted from the total price submitted by the Bidder. This price reduction shall be for evaluation purposes only and shall not be reflected in the pricing incorporated into the awarded Bid.

C.12.6.4.1 A resident Bidder is a Bidder that has paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the Bid has a business address in the state of Oregon.

C.12.6.4.2 “Headquartered” means the administrative center of an enterprise.

C.12.6.4.3 To be eligible for application of the Buy Oregon Preference, the Bidder shall certify in writing that the Goods meet the Buy Oregon Preference under Section C.12.6 using the form in Section G to the ITB. To be eligible for the additional preference for Resident Bidders, the Bidder shall certify in writing that the Goods meet the Buy Oregon Preference under Section C.12.6 using the form in Section G, and shall also certify that the Bidder resides or is headquartered in Oregon using the form in Section G.

C.13 FURTHER EVALUATION CRITERIA:

C.13.1 SAMPLES:

ODOC reserves the right to request samples after Bid closing from one or more Bidders during the evaluation process. To request samples, ODOC will provide the Bidder a written request that shall be sent via e-mail or by facsimile. If samples are requested by ODOC, Bidder shall deliver samples to ODOC within seven (7) calendar days after the date of the request, unless ODOC extends the deadline at time of the request, excluding, weekends and holidays. For purposes of this paragraph, “weekends” means Saturdays and Sundays, and “holidays” means New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,Juneteenth, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. Failure to supply samples during the evaluation period, within seven (7) calendar days of the request from the SPC shall deem Bidder’s Bid not responsive.

If Bidder is unable to meet the deadline due to extraordinary circumstances beyond Bidder’s control that Bidder could not have reasonably anticipated, Bidder must notify the SPC as soon as possible and submit a written explanation for the delay. In such circumstances, ODOC may, in its sole discretion, permit an extension to submit the required samples. The Good(s) sample should be labeled in accordance with the information provided by the Bidder on the Bid response as to manufacturer, brand name, and Good(s) code number. Sample submitted shall be the same Good(s) offered on the Bidder's Bid response and the same Good(s) delivered under the Price Agreement, if Bidder should receive an award.

C.13.1.1 Bidders shall submit samples only upon request of the SPC. ODOC will accept only samples of the Good type and quantity requested by the SPC. There may be a taste test and laboratory analysis of the sample to determine acceptability. Award(s) will be based on Good(s) compliance with specifications, and determined by the SPC to be equal in all material respects to the Good(s) referenced in this Invitation to Bid.

C.13.1.2 Bidders MUST label Good(s) samples as follows (NO EXCEPTIONS):

OREGON DEPARTMENT OF CORRECTIONS

ATTN: Ben Hittle , PURCHASING UNIT ITB S-29100–00005686; Dairy Products SAMPLE ONLY 3723 Fairview Industrial DR SE

SALEM OR 97302

C.13.1.3 Good(s) samples must be submitted by the date and time specified in the request from the SPC, and in accordance with this Section C.13.1. Late or misdirected Good samples will be deemed nonresponsive and Bidder will not be considered for the award process.

C.13.1.4 ODOC reserves the right to reject a Bid as non-responsive based on the furnishing of unacceptable samples. Reasons for concluding that samples are unacceptable may include, but are not limited to, non-conformity to specifications; Good(s) dating that is beyond the indicated “ best use by” date; poor Good(s) packaging; undesirable appearance, taste, texture or nutritional contents; or deviation from the normal industry standard.

C.13.1.5 After award of the Price Agreement, the samples will be used as a basis of comparison with actual Goods delivered under the Price Agreement. Any variation between the samples and Goods being delivered will be considered as an event of default. Any variations between the samples and actual Goods being delivered that are due to manufacturer changes may be acceptable only if the Contractor(s) obtains prior written approval from the ODOC Purchasing Unit.

C.13.2 NUTRITIONAL LABEL:

Bidders must submit a copy of Good label and nutritionals within 72 hours of written notice of request from the SPC, unless otherwise specified in this ITB.

C.13.3 IMPORTED GOODS:

If Good is imported, Bidder must provide written documentation of inspection and/or passing by the U.S. Food and Drug Administration, or any other United States Government Department, Bureau or Agency with jurisdiction over imported Good at the Port of Customs entry if requested by the SPC. Documentation must be provided within 72 hours of written notice of request by the SPC, unless otherwise specified in this ITB.

C.13.4 KOSHER CERTIFICATE:

If Good is indicated as Kosher in Section 6 “Pricing, Payment Discount, and Credit Card Payment”, Bidder shall provide kosher certificate within 72 hours of written notice of request by the SPC, unless otherwise specified in this ITB.

C.13.5 MANUFACTURER'S/DISTRIBUTOR'S PRODUCT ASSURANCE:

The manufacturer/distributor or Bidder (as applicable) shall certify that the Goods provided shall meet the salient characteristics of the ITB, conform to their own specifications, standards, and quality assurance practices, and be the same Goods offered for sale in the commercial market. Bidder or awarded Bidder shall provide proof of conformance to ODOC within 72 hours of written notice of request by the SPC. The SPC may request proof of conformance any time prior to Bid award and issuance of a purchase order, or after inspection of delivery.

C.13.6 CONTRACTOR'S CERTIFICATION:

By submitting a Bid, the Bidder certifies that the Good offered meets the specified salient characteristics and requirements of this ITB; conforms to the manufacturer’s own specifications and standards, including Good(s) characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; and is sold on the commercial market. The ODOC reserves the right to determine proof of such conformance prior to the first delivery to the ODOC warehouse location(s) as indicated in this ITB. At ODOC’s discretion, proof of conformance may be from the point of origin (manufacture’s plant) and any time thereafter, up to and including delivery at final ODOC point of delivery destination, and as may be necessary to determine conformance with the provisions of the Price Agreement. Bidder or Awarded Bidder, as applicable, shall have 72 hours to provide proof of conformance to ODOC upon written request from the SPC. The SPC may request proof of conformance any time prior to Bid award and Price Agreement award, or after inspection of delivery.

C.13.7 RESERVED

C.13.8 ADDITIONAL GOOD INFORMATION:

The SPC indicated in this ITB may request additional Good information deemed necessary during the evaluation process. Information requested may include, but is not limited to, certification for Good Grade, fat or salt content, photograph of Good or FDA/USDA inspection certification. Bidder shall provide requested information to SPC within 72 hours of written notice of request by the SPC.

C.13.9 WILL CALL:

“Will Call” Good(s) will not be allowed for this ITB.

C.14 PROCESSING OF BIDS:

Neither the release of a Bid bond, the return of a Bid, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice of intent to award if issued under this ITB, or otherwise), shall operate as a representation by ODOC that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 METHOD OF AWARD:

ODOC reserves the right to award one Price Agreement to a single Bidder for all Categories; multiple Price Agreements to multiple Bidders based on the lowest responsive bid(s) by responsible Bidder per Category of items or single item(s), or no Price Agreement, whichever is in the best interest of ODOC. If ODOC awards a single Price Agreement, the Award will be to the responsible Bidder submitting a responsive Bid with the lowest total price for all requested items meeting the Specifications in Section 6 “Pricing, Payment Discount, and Credit Card Payment”.

C.15.1 Goods in Section 6, will be evaluated and awards will be issued as indicated above. Section 6 must be filled in per instructions contained in Section 6 and this ITB. A Bidder must be able to provide all Goods indicated in Section 6 that Bidder is bidding on.

C.15.2 RESERVED

C.15.3 ODOC reserves the right to withdraw any or all items in Section 6 from award consideration.

C.15.4 If ODOC receives Bids that are identical in price, fitness, availability, quality, and chooses to award a Price Agreement, ODOC will award the Price Agreement based on the following order of precedence:

C.15.4.1 ODOC will Award the Contract to the Bidder(s), among those submitting identical Bids, who is offering goods that have been manufactured or produced in Oregon. To qualify, Bidder(s) must complete and return Section G, “Buy Oregon Preference Certification”, with Bidder(s)’s Bid.

C.15.4.2 If two or more Bidders submit identical Bids, and they all offer goods that have been manufactured or produced in Oregon, ODOC will Award the Contract by drawing lots among the identical Bids. ODOC will provide to the Bidders who submitted the identical Bids notice of the date, time and location of the drawing of lots and an opportunity for these Bidders to be present when the lots are drawn.

C.15.4.2.1 Procedure for Drawing Lots. When drawing of lots is called for, ODOC will draw lots by a procedure that affords a minimum of two (2) witnesses. Each Bidder participating in the drawing will receive an equal probability of selection. The person making the selection will not have the opportunity to manipulate the drawing of lots to increase the probability of selecting one Bidder over another.

C.16 CLARIFICATION:

ODOC reserves the right to seek clarification from Bidders of any response that, in ODOC’s sole discretion, it deems necessary or advisable. Failure to provide the requested clarification as required may result in rejection of Bid.

C.17 RESERVED

C.18 INTENT-TO-AWARD (ITA) ANNOUNCEMENT:

ODOC may announce its intent to award prior to formal Price Agreement award by posting the tabulation sheet of Bid results on ORPIN, or by letter posted on ORPIN ("ITA Announcement"). The ITA Announcement shall serve as notice to all Bidders that ODOC intends to make an award. Bid files are public records and available for review at ODOC Purchasing Unit by appointment only. (ORS 279B.055(5)

C.19 RESERVED

C.20 PROTEST OF INTENT TO AWARD:

Adversely-affected or aggrieved Bidders shall have seven (7) calendar days from the date and time of the ITA Announcement within which to file a written protest, if protests are allowed for this ITB. ODOC will not consider protests submitted after that date and time. Bidders must specify in the protests the grounds upon which the protest is based (Refer to ORS 279B.405, 279B.410, and ORS 279B.415).

C.21 RESPONSE TO INTENT-TO-AWARD PROTESTS:

ODOC will respond in writing to intent-to-award protests, if protests are allowed for this ITB, submitted by adversely-affected or aggrieved Bidders. ODOC may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by ODOC is not intended to, and shall not in and of itself constitute, confirmation that the Bidder is, in fact, adversely-affected or aggrieved, and therefore entitled to protest an ITA, or that the protest was timely or correctly filed.

C.22 AWARD:

After expiration of the seven (7) calendar-day of the ITA Announcement protest period,…