Final ITB 15115 PCT HAND THINNING AND PILING SERVICES.docx
DOCX document 69 KB Posted
- Attached to
- PCT hand thinning and piling services
- Solicitation number
- S-62900-00015115
- Issued by
- Malheur County, Oregon
About this file
This is an Invitation to Bid (ITB) issued by the Oregon Department of Forestry (ODF) for pre-commercial thinning (PCT) hand thinning and piling services on the Magone Project area within the Malheur National Forest, Blue Mountain Ranger District. The Agency is soliciting bids to provide all labor, equipment, supplies, and transportation necessary to perform PCT hand thinning and piling services under the Good Neighbor Authority program in cooperation with the U.S. Forest Service. The work must be completed by October 31, 2027, with adjustments permitted based on environmental conditions. Questions and clarifications are due November 18, 2025, at 2:00 PM Pacific Time, with answers issued approximately November 21, 2025. Bids must be submitted electronically via email to the Single Point of Contact (Richard Arnaz) by November 25, 2025, at 2:00 PM Pacific Time. The Notice of Intent to Award is expected approximately December 4, 2025, with a seven-calendar-day protest period following. Contractor must commence work within one week of receiving the Notice to Proceed from ODF, weather permitting. No pre-bid conference will be held for this ITB.
The Agency will award the contract to the lowest responsible bidder whose bid substantially complies with all ITB requirements. Bidders must demonstrate a minimum of three years of experience performing similar services for at least three different firms or agencies within the last five years and must identify at least one foreman with three years of experience, including at least one year in fuels reduction and one year supervising forestry work. Bidders must submit three references for both the company and key personnel within the last five years, proof of required insurance per the contract specifications, and a Responsibility Inquiry form. Pay equity compliance certification from the Oregon Department of Administrative Services is required prior to contract execution. Bidders must comply with nondiscrimination and pay equity requirements under Oregon Revised Statutes. All bids are firm offers for 180 calendar days from the closing date. The contract is not negotiable, and no pre-award negotiations are permitted. Bidders must also submit a W-9 form and proof of authorization to transact business in Oregon.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| ATTACHMENT D BID SUBMITTAL FORM The Doc.docx | DOCX document | |
| Magone Map 1.pdf | ||
| Magone Map 2.pdf | ||
| Formal Notice of Intent to Award..xlsx | XLSX spreadsheet | |
| ATTACHMENT B BID COVER SHEET~1.docx | DOCX document | |
| ATTACHMENT C REFERENCE CHECK FORM~1.docx | DOCX document | |
| ATTACHMENT E CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN.docx | DOCX document | |
| Final SOW PCT PILING 15115.docx | DOCX document | |
| Magone All Unit Map.pdf | ||
| ATTACHMENT F RESPONSIBILITY INQUIRY.doc | DOC document | |
| Revised ATTACHMENT D BID SUBMITTAL FORM The Doc.docx | DOCX document | |
| Dental DB Public Notice.pdf | ||
| Magone Vicinity Map.pdf | ||
| Bid 15115_Tab_Sheet_PCT and Piling.xlsx | XLSX spreadsheet |
Show all 14
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Text version
STATE OF OREGON
COVER PAGE
Oregon Department of Forestry
PRE-COMMERCIAL THINNING (“PCT”) AND PILING SERVICES.
Invitation to Bid (ITB) S-62900-0015115 Date of Issue: November 10, 2025 Closing date: November 25, 2025, at 2:00 p.m.
| Single Point of Contact (SPC): | Richard Arnaz | |
| Address: | 2600 State Street, Bldg. E | |
| City, State, Zip | Salem, OR 97301 | |
| Phone (voice) | (971) 283-1080 | |
| E-mail: | Richard.arnaz@odf.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.
OregonBuys Bid# S-62900-00015115 – Malheur National Forest- Magone GNA PCT and Piling
DAS Procurement Services, Version 1.0 Page 12 of 12
TABLE OF CONTENTS
| SECTION 1. | GENERAL INFORMATION | 5 |
| 1.1 | SUMMARY OVERVIEW | 5 |
| 1.2 | SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS | 5 |
| 1.3 | SCHEDULE OF EVENTS | 5 |
| 1.4 | DEFINITION OF TERMS | 6 |
| 1.5 | SINGLE POINT OF CONTACT | 8 |
| SECTION 2: | AUTHORITY, OVERVIEW AND SCOPE | 8 |
| 2.1 | PROCURMENT AUTHORITY and METHOD | 8 |
| 2.2 | PRE-BID CONFERENCE. | 8 |
| 2.3 | OREGONBUYS | 8 |
| 2.4 | QUESTIONS AND CLARIFICATIONS | 8 |
| 2.5 | PROTEST OF ITB | 9 |
| 2.6 | ADDENDUM | 9 |
| 2.7 | PROTEST OF ADDENDUM | 9 |
| SECTION 3. | INSTRUCTIONS TO PROSPECTIVE BIDDERS | 10 |
| 3.1 | ACCEPTANCE PERIOD | 10 |
| 3.2 | BID SUBMISSION REQUIREMENTS (GENERAL) | 10 |
| 3.3 | BID REQUIREMENTS (PASS/FAIL) | 11 |
| SECTION 4 | BID REVIEW METHODOLOGY | 13 |
| 4.1 | RESPONSIVENESS DETERMINATION | 13 |
| 4.2 | RESPONSIBILITY DETERMINATION | 13 |
| 4.3 | COST COMPARISON | 13 |
| 4.4 | MINIMUM QUALIFICATIONS (PASS/FAIL) | 13 |
| 4.5 | REFERENCES | 13 |
| 4.6 | PREFERENCES | 13 |
| 4.7 | METHOD OF AWARD | 14 |
| 5.1 | AWARD NOTIFICATION PROCESS | 14 |
| 5.2 | INTENT TO AWARD PROTEST | 14 |
| 5.3 | PAY EQUITY | 15 |
| 5.4 | NONDISCRIMINATION IN EMPLOYMENT | 15 |
| 5.5 | OTHER REQUIRED INFORMATION | 16 |
| SECTION 6 | CONTRACT EXECUTION | 16 |
| SECTION 7. | ADDITIONAL INFORMATION | 16 |
| 7.1 | GOVERNMENT BODIES | 16 |
| 7.2 | OWNERSHIP/PERMISSION TO USE MATERIALS | 17 |
| 7.3 | COST OF BIDDING | 17 |
| 7.4 | CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES | 17 |
| 7.5 | RECYCLED PRODUCTS | 17 |
LIST OF ATTACHMENTS
ATTACHMENT A – SAMPLE CONTRACT
EXHIBIT A – STATEMENT OF WORK
EXHIBIT B – COMPENSATION
EXHIBIT C – REQUIRED INSURANCE
EXHIBIT D - MAPS
ATTACHMENT B – BID COVER SHEET
ATTACHMENT C – REFERENCE CHECK FORM
ATTACHMENT D – BID SUBMITTAL FORM
ATTACHMENT E – CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN
ATTACHMENT F – RESPONSIBILITY INQUIRY
| SECTION 1. | GENERAL INFORMATION |
| 1.1 | SUMMARY OVERVIEW |
The Oregon Legislature has declared that State’s Department of Forestry is well-positioned, due to experience in managing Oregon forests and its understanding of science-based, active forest management, to facilitate state government participation in forest management on federal lands located within the State. In furtherance of this policy, the State Forester may form stewardship agreements to carry out forest management activities on federal lands.
The State of Oregon, acting by and through the Department of Forestry (“Agency” or “ODF”), is issuing this Invitation to Bid (“ITB”) to establish a Contract to furnish all equipment and labor to provide Pre-commercial thinning (“PCT”) hand thinning and piling services on the Magone Project area on the Malheur National Forest, Blue Mountain Ranger District administered by the Oregon Department of Forestry. The Good Neighbor Authority program allows for forest, rangeland, and watershed restoration services on National Forest System lands through contracts with the U.S. Forest Service (“Forest Service”), with the objective of increasing the Forest Service’s capacity to implement the components of Forest Plans consistent with restoration objectives. In cooperation with the Forest Service, ODF will administer the resulting contracts, if any.
The Contractor will begin this work, weather permitting, within one week after the Contract has been signed by all Parties and the Contractor receives the Notice to Proceed.
1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
If awarded a Contract, Contractor shall provide all equipment and labor to provide PCT hand thinning and piling services. Contractor shall furnish all labor, supervision, equipment, supplies and transportation necessary to perform and complete the Work in accordance with the requirements described in the Statement of Work, Attachment A, Exhibit A. Services shall be completed by October 31st, 2027, unless approved by the U.S. Forest Service to adjust the dates based on environmental conditions.
1.3 SCHEDULE OF EVENTS
The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.
| Event |
| Date and Time |
| TIME (Pacific Time) |
| Questions and Clarification Due |
| November 18, 2025 |
| 2:00 PM |
| Answers to Questions / Request for Clarification Issued (approximate) |
| November 21, 2025 |
| 5:00 PM |
| ITB Protest Period Ends |
| 7 Calendar days prior to ITB Closing |
| ITB Closing (Bid submittal due) |
| See ITB Cover Page |
| Issuance of Notice of Intent to Award (approximate) |
| December 4, 2025 |
| Award Protest Period Ends |
| 7 calendar days after Notice of Intent to Award |
Agency operating hours are 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, capitalized words specifically defined in this ITB have the meaning given below. Capitalized words not defined in this ITB, have the meanings provided in OAR 137-047-0110.
1.4.1 General Definitions
Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.
"Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.
“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document the Agency is the Oregon Department of Forestry (ODF).
“Agency Contract Administrator” means person(s) who represents the Agency with respect to Contract compliance and administration of Pre-Commercial Thinning Services.
“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.
“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.
“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.
"Contract" means the entire agreement between the parties, including but not limited to these Standard Terms and Conditions, any Special Terms and Conditions and other provisions of this Solicitation Document, the Offer, any purchase order, work order, or price agreement document, and any terms and conditions contained in any exhibits, schedules, and other attachments to and amendments and restatements of any of the above.
“Contractor” means the person or organization with whom the Agency enters into a Contract setting prices, terms, and conditions for the Services to be performed under the Contract.
“Fuels Reduction” means the reduction/elimination of forest fuels that contribute to wildfires and competition, causing decreased stand health.
“Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this Solicitation Document.
“ITB” means this Invitation to Bid.
"ODF" means Oregon Department of Forestry.
“OregonBuys” means the State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.
“Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.
“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.
“Schedule of Events” means the specific time and dates events relating to this ITB will occur.
“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.
“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all parts, sections, exhibits, attachments, and Addendums, which is issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B.
“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.
“State” means the State of Oregon.
“Successful Bidder” means the person(s), organization(s) to which the award is made.
“Thinning” consists of selecting leave trees and felling surplus trees according to the requirements of the specifications.
“Unit or Thinning Unit” means the parcel of land measured in acres onto which the trees will be thinned.
“Written” or “Writing” means conventional paper documents, whether handwritten, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this Solicitation Document or the Contract.
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.
| SECTION 2: | AUTHORITY, OVERVIEW AND SCOPE |
| 2.1 | PROCURMENT AUTHORITY and METHOD |
The Agency is conducting this procurement pursuant to its authority under Good Neighbor Authority, ORS 526.271 through 526.276, and ORS 279A.050. The Agency will be using the Competitive Sealed Bidding method pursuant to ORS 279B.055 and OAR 137-047-0255.
2.2 PRE-BID CONFERENCE.
A Pre-Bid conference will Not be held for this ITB.
2.3 OREGONBUYS
This ITB, including all Addenda, attachments and exhibits is posted on the OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. ITB documents will not be mailed.
2.3.1 Alternative Accessibility to Addenda, Attachments, and Exhibits If an exhibit, attachment, or Addendum is used, but cannot be viewed or downloaded through OregonBuys, please contact the SPC.
2.3.2 OREGONBUYS Assistance
Parties needing assistance with OregonBuys may contact the OregonBuys helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov. Support hours are 7 a.m. - 6 p.m. PT, Monday through Friday, closed State holidays.
2.3.3 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.
2.4 QUESTIONS AND CLARIFICATIONS
All questions and requests for clarification, related to this solicitation must:
· Be submitted in writing via email and be delivered to the SPC
· Reference the ITB number.
· Identify the section number and the passage.
· Include name and contact information of party submitting question or clarification.
Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.
Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.
2.5 PROTEST OF ITB
Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract must be submitted in writing via email to the SPC.
Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum. Agency will not consider protests received after these deadline(s). Protests must include:
· Protestor name and contact information.
· The ITB number.
· Reason for the protest, including:
1) Grounds demonstrating how the procurement process is:
| a) | Contrary to law, and/or |
| b) | Unnecessarily restrictive, and/or |
| c) | Legally flawed, and/or |
| d) | Improperly specifies a brand name; and |
2) Provide evidence and documentation supporting the grounds on which the protest is based.
· Any proposed changes to the ITB provisions or other relief sought.
Agency will address all protests meeting the requirements within three (3) business days and will issue a written decision within five (5) business days. Protests not meeting these requirements will not be considered by Agency.
2.6 ADDENDUM
Unless otherwise stated in the ITB, Agency will 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 or by making an appointment with the SPC. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.
2.7 PROTEST OF ADDENDUM
Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.
| SECTION 3. | INSTRUCTIONS TO PROSPECTIVE BIDDERS |
| 3.1 | ACCEPTANCE PERIOD |
Bids are firm offers, meaning they cannot be modified or withdrawn, for a period of 180 calendar days from Closing.
| 3.2 | BID SUBMISSION REQUIREMENTS (GENERAL) |
| 3.2.1 | Bid Format |
Bidder shall submit its Bid electronic via email. The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses shall be presented in the same order and identify the item being addressed.
3.2.2 Submitting Bids
Bidder is solely responsible for ensuring its Bid is received by the SPC in accordance with the ITB requirements, by Closing. Agency will not be responsible for any delays in delivery.
Bids must be emailed to the SPC identified on the cover page of this ITB. ALL BIDS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. The Bid must include ITB number in the subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s SPC to make arrangements for an alternate delivery or alternate format.
ODF is not responsible for incomplete Bids or Bids that were not correctly addressed to email of SPC identified on the cover page. Only alternative delivery or formats approved in advance of Closing by the SPC will be accepted.
Bids must be received by the Agency before the scheduled Solicitation Document Closing date and time, found on the Cover Page. Late Bids will not be considered.
All costs associated with preparation, submission, modification, and withdrawal of a Bid are the sole responsibility of the Bidder and will not be accepted by Agency.
3.2.3 Quantity of Bids to be Submitted
One Bid with authorized signature, and all required documents must be submitted on or before Closing date and time.
3.2.4 Bid Modification
A Bid submitted in response to this ITB may be modified, in writing, by the Bidder prior to Closing. It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.
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 3.2.5.
· Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission.
· Each Bid modification must be signed by Bidder’s authorized representative and state that the modification(s) amends and supersedes the identified portions of the prior Bid.
· Include the ITB number.
Bid modifications may be submitted electronically (via email) as a PDF document. Bid modifications submitted must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2. If Bidder is unable to submit a Bid Modification via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic modifications will not be accepted.
3.2.5 Bid Withdrawal
If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time. Bid withdrawals must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2. If Bidder is unable to submit a Bid withdrawal via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic withdrawals will not be accepted.
3.2.6 Late Bids
Late Bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.
3.2.7 Opening of Bids
Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time identified on the cover page of this ITB or as changed by Addendum. The bid opening will be held at the Department of Forestry, ODF Procurement Office, at 2600 State Street, Bldg. E, Salem, Oregon 97310. Only the name of the Bidder(s) and the total cost will be read at the opening. It is optional for Bidders to attend the bid opening. Award decisions will not be made at the bid opening. Bids received after the date/time for Closing will not be considered for award.
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 Closing
Bids must be submitted by Closing date.
3.3.2 Required forms and other information
Bidder must submit the following forms and information:
· Attachment B – Bid Cover Sheet
· Attachment C – Reference Check Form
· Attachment D – Bid Submittal Form
· Attachment E – Certified Disadvantaged Business 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 a list of three (3) different firms who can be contacted regarding the quality of services the Bidder provided within the last five (5) years, and three (3) different firms who can be contacted regarding the quality of service the Key Person(s) provided within the last five (5) years per Attachment C – Reference Check Form. Information provided shall include:
· Reference name, telephone number and email.
· Description of services or products provided.
· Service or product delivery starting and ending dates.
· Reference representative name, telephone number, and email address.
Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Bidder’s qualifications.
3.3.5 Key Person(s)
Bidder must identify at least one foreman who must:
· Have a minimum of three (3) years of experience, with at least one (1) year of fuels reduction experience and one (1) year of supervising forestry work.
· Be responsible for the day-to-day oversight of all crewmembers, and be accountable for ensuring timelines, quality standards, and daily reporting requirements are met.
· The foreman must be able to communicate fluently in English and in any language that crewmembers use to communicate.
| SECTION 4 | BID REVIEW METHODOLOGY |
| 4.1 | RESPONSIVENESS DETERMINATION |
A Bid received prior to Closing 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 shall be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.
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 ITB.
| 4.4 | MINIMUM QUALIFICATIONS (PASS/FAIL) |
| 4.4.1 | Experience |
| 4.4.1.1 | Bidder must have a minimum of three (3) years’ experience performing services. Bidder must have performed the services for at least three (3) different firms or agencies within the last five (5) years. |
| 4.4.1.2 | At least one foreman who must have a minimum of three (3) years of experience, with at least one (1) year of fuels reduction experience and one (1) year of supervising forestry work. |
| 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.
| 4.6 | PREFERENCES |
| 4.6.1 | RECIPROCAL PREFERENCE |
For Bid calculation purposes per OAR 137-046-0310, Agency will 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.
4.6.2 TIEBREAKERS
Oregon Supplies: If Agency receives Bids identical in price, fitness, availability, and quality and chooses to award a Contract, Agency will award the Contract in accordance with the procedures outlined in OAR 137-046-0300.
4.7 Reserved
INTENT TO AWARD
| 5.1 | AWARD NOTIFICATION PROCESS |
| 5.1.1 | Award Consideration |
Agency, if it awards a Contract, shall award the contract to the lowest responsible Bidder submitting the lowest responsive Bid. Agency may award less than the full Scope defined in this ITB. Except as specifically identified in this ITB, Agency SPC WILL NOT negotiate any terms, conditions, or other contractual obligations. By Bid submission, Bidders agree to be bound by the Terms and Conditions stated in this ITB, and all attachments and exhibits, as may be modified by Addendum. Any Bid that is received conditioned on Agency SPC’s acceptance of any other terms and conditions will be rejected.
5.1.2 Intent to Award Notice
ODF will notify all Bidders via OregonBuys that Agency intends to award a Contract to the selected Bidder.
5.2 INTENT TO AWARD PROTEST
An Affected Bidder shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.
A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:
· All lower Bids are non-Responsive.
· Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.
· Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.
· Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.
If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Award.
5.2.1 Protests must:
· Be delivered to the SPC via email.
· Reference the ITB number.
· Identify Bidder’s name and contact information.
· Be signed by an authorized representative.
· Specify the grounds for the protest.
· Be received within seven (7) calendar days of the Intent to Award notice.
5.2.2 Response to Protest
Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information will not be considered by Agency.
5.3 PAY EQUITY
If selected for award and as applicable, 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 Contract. As required by ORS 279B.235, 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 Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract 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.
Contractor shall include with its bid a certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110(4).
5.4 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 constituting sexual harassment, sexual assault, or unlawful discrimination.
| 5.5 | OTHER REQUIRED INFORMATION |
| 5.5.1 | Insurance |
Prior to Award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Attachment A, Exhibit C.
5.5.2 Taxpayer Identification Number
The apparent successful Bidder shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:
· When requested by Agency or Agency (normally in an intent to award notice), or
· When the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any.
· Agency will not make any payment until Agency has a properly completed W-9.
5.5.3 Business Registry
If selected for award, Bidder shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Bidder shall submit a current Oregon Secretary of State Business registry number or an explanation if not applicable.
All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.
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. Once a Notice to Proceed has been issued by ODF, Contractor must commence work under the Contract within one week of that 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 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 the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.
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 Closing identified in Section 1.3, all Bids 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 Contract. (ORS 279B.055(2)(f), ORS 279B.225, and ORS279 B.270-279B.280).
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File details come from the government source that posted it. Updated .