Intermediate ITB SoS 06 20 19.doc

TABLE OF CONTENTS

2SECTION 1:

GENERAL INFORMATION

21.1

SUMMARY OVERVIEW

31.2

SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

3DEFINITION OF TERMS

31.3

SINGLE POINT OF CONTACT

4SECTION 2:

ITB PROCESS

42.1

PROCUREMENT AUTHORITY

42.2

OREGONBUYS

42.3

QUESTIONS AND CLARIFICATIONS

4SECTION 3:

INSTRUCTIONS TO PROSPECTIVE BIDDERS

43.1

ACCEPTANCE PERIOD

43.2

QUOTE SUBMISSION REQUIREMENTS (GENERAL)

53.3 Minimum REQUIREMENTS (PASS/FAIL)

6SECTION 4:

QUOTE REVIEW METHODOLOGY

64.1

RESPONSIVENESS DETERMINATION

64.2

RESPONSIBILITY DETERMINATION

64.3

COST COMPARISON

64.4

PREFERENCES

74.5

METHOD OF AWARD

7SECTION 5:

INTENT TO AWARD

75.1

AWARD NOTIFICATION

75.2

PAY EQUITY

85.3

NONDISCRIMINATION IN EMPLOYMENT

85.4

OTHER REQUIRED INFORMATION

8SECTION 6:

CONTRACT/PRICE AGREEMENT EXECUTION

8SECTION 7:

ADDITIONAL INFORMATION

87.1

GOVERNMENT BODIES

97.2

OWNERSHIP/PERMISSION TO USE MATERIALS

97.3

COST OF BIDDING

97.4

CANCELLATION AND/OR REJECTION OF QUOTES/DAMAGES

97.5

CONFIDENTIAL OR PROPRIETARY INFORMATION

107.6

RECYCLED PRODUCTS

Yellow highlighted areas indicate blanks to be filled in or areas to be revised with information specific to your ITB.

[Blue notes are messages to the buyer about options, modifications, or that provide other instructions. Delete notes prior to publishing.]

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the _________________, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract/Price Agreement for [Goods/Services/Goods and Services].

Enter general information about this ITB here, including:

· Reason for soliciting, background information, and any other information helpful in understanding how you got to this procurement decision.

· Brief project description such as:

· Beneficiaries of the anticipated contract(s) or price agreement(s), such as a specific agency or characterization of the those authorized to use the anticipated agreement(s), such as state agencies subject to DAS Procurement Services procurement authority and Oregon Cooperative Procurement Program participants);

· Benchmarks or past performance under previous agreements which may be indicators of future needs (such as spend volume on a previous agreement for repetitive purchases, etc);

· [For price agreements] Agency has no estimate of the volume of potential purchases. By submitting an Offer, Bidder agrees to supply all goods and services ordered during the term of any awarded Price Agreement.

· Any component typically related but not included in the scope of the solicitation (such as current functionality processes, goods, dependent items);Any driving factors, such as state or federal legislation, business operational needs, an approved Special Procurement, a declared emergency, grant requirements, a Governor’s executive order, existing circumstances which may affect performance under the contract(s) or price agreement(s).

· Optional: Budget limitation

· Agency anticipates the award of [number/one or more/one/multiple] Contracts/Price Agreements resulting from this ITB. In the event multiple Contract/Price Agreements are awarded, Agency will use the following methodology to determine from which Contractor to purchase.

· Issue all purchases to the lowest responsible Bidder.

· Determine a list of the most commonly purchased items, price compare this list between all awarded Contractors. Issue all purchases to the Contractor with the lowest Offer. A new comparison will be conducted at least once per year.

· Compare each item between all awarded Contractors, issue Purchase Order to the Contractor with the lowest Offer.

· The initial term is anticipated to be [term: years, months] with an option to renew up to [term: years, months as statute allows]

· Required delivery date for [the good or service]:

· This work may be subject to prevailing wage rate.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

[Insert Scope of Work/Statement of Work/Specifications (choose appropriate) here, or refer Bidders to additional attachments.]

[The character of the Goods or Services the Contracting Agency is purchasing including, if applicable, a description of the acquisition, Specifications, delivery or performance schedule, inspection and acceptance requirements. As required by Oregon Revised Statutes (ORS), Chapter 279B.055(2)(c), the Contracting Agency’s description of its need to purchase must: (A) Identify the scope of the work to be performed under the resulting Contract, if the Contracting Agency awards one; (B) Outline the anticipated duties of the Contractor under any resulting Contract; (C) Establish the expectations for the Contractor’s performance of any resulting Contract; and (D) Unless the Contracting Agency for Good Cause specifies otherwise, the scope of work must require the Contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that the Contracting Agency is purchasing.]

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 Contract/Price Agreement attached as Attachment A.

General Definitions [List any project specific definitions not found in your applicable agency 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.

“Contract ” means, for this ITB, a purchase order.

“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.

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.

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.

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 180 calendar days from Bid Opening.

3.2 QUOTE SUBMISSION REQUIREMENTS (GENERAL)

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.

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.

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.

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.

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.

Required forms Bidder must submit the following forms:

[Insert applicable attachment identifiers]

· Attachment B – Bid Cover Sheet

· Attachment C – Reference Check Form

· Attachment D – Bid Submittal Form

· Attachment E – COBID Certification / Outreach Plan

· Attachment F – Responsibility Inquiry Authorized Signature The Quote must be signed by person(s) legally authorized to bind the Bidder to the Quote and the Contract/Price Agreement 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.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract/Price Agreement. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Agency’s notice.

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/Price Agreement to the lowest Responsible Bidder whose Quote substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Contracts/Price Agreements, Agency shall award the Contract/Price Agreement to the Responsible Bidders whose Quotes substantially comply with the requirements and criteria set forth in the ITB.

[Describe the methodology used to calculate pricing.]

4.4 PREFERENCES

oREGON SUPPLIES AND SERVICES [The following preference is an option (that may not be allowable in federally funded ITBs). This preference allows Agency to apply up to a 10% preference to the price portion. The percentage may be increased if a justification is Written.]

Agency prefers Oregon goods and services, and for Quote calculation purposes, per ORS 279A.128, Agency shall subtract XX% from the price for any Quoteder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

RECIPROCAL PREFERENCE

For Quote calculation purposes per OAR 137-046-0310, Agency shall add a percent increase to each out-of-state Bidder’s Quote price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

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.

PUBLIC PRINTING

Agency shall, for the purpose of evaluating Quotes, apply the public printing preference set forth in ORS 282.210.

TIEBREAKERS

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

4.5 METHOD OF AWARD

GENERAL AWARD

If awarded, Agency must award the Contract/Price Agreement to the Responsible Bidder submitting the lowest, Responsive Quote. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

MULTIPLE ITEMS

[If Agency is awarding based on multiple items explain process for award. See OAR 137-047-0600(4)(b).]

MULTIPLE AWARDS

[If Agency is awarding multiple awards explain process for award. See OAR 137-047-0600(4)(c).]

SECTION 5: 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 $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 Contract/Price Agreement.

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 Contract/Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Contract/Price Agreement 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 Contract/Price Agreement 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

Insurance

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

SECTION 6: CONTRACT/PRICE AGREEMENT 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/Price Agreement attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract/Price Agreement until the Contract/Price Agreement has been executed..

SECTION 7: ADDITIONAL INFORMATION

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 Contract/Price Agreement, 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 CONFIDENTIAL OR PROPRIETARY INFORMATION

[Only include this section if applicable.]

Following award of Contract/Price Agreement, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Quote contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Quote in whole as exempt from disclosure is not acceptable. 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 Quote which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 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/Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280) �Use this if you only need to use the Standard terms and conditions for Goods and Services Purchase Orders.

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