Invitation To Bid_S-DASOBO-00004975_Heat-Transfer Cigarette Tax Stamp Manufacturing and Distribution.pdf

ITB # S-DASOBO-00004975– Heat-Transfer Cigarette Tax Stamp Manufacturing and Distribution

STATE OF OREGON

COVER PAGE

THE STATE OF OREGON, acting by and through the DEPARTMENT OF ADMINISTRATIVE SERVICES, PROCUREMENT SERVICES, on behalf of the OREGON DEPARTMENT OF REVENUE

Is issuing this Invitation to Bid (ITB) under OregonBuys Bid Number

S-DASOBO-00004975

for

HEAT-TRANSFER CIGARETTE TAX STAMP

MANUFACTURING AND DISTRIBUTION

Date of Issue: 11/21/2022

Bid Opening Date: 1/05/2023, Time 02:00 PM (Pacific)

Single Point of Contact (SPC): Kim O’Neill, Procurement & Contract Specialist

Address: 1225 Ferry St. SE

City, State, Zip: Salem, OR 97301

Phone (cell): 971-349-0117

E-mail: Kim.R.ONeill@DAS.Oregon.gov mailto:Kim.R.ONeill@DAS.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.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK /SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 OREGONBUYS

2.3 PROCUREMENT METHOD

SECTION 3: INSTRUCTIONS TO BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 Step THREE: BID submittal

3.3 BID REQUIREMENTS (PASS/FAIL)

3.4 Other required forms and certificates

SECTION 4: Product Sample, Submittal, and BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 price COMPARISON

4.3 REFERENCES

4.4 PREFERENCES

4.5 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

SECTION 6: PRICE AGREEMENT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

LIST OF ITB ATTACHMENTS:

ATTACHMENT A - SAMPLE PRICE AGREEMENT

EXHIBIT B - REQUIRED INSURANCE

ATTACHMENT B - BID COVER SHEET (REQUIRED FORM)

ATTACHMENT C - REFERENCE CHECK FORM (REQUIRED FORM)

ATTACHMENT D - PRICE BID SUBMITTAL FORM (REQUIRED FORM)

ATTACHMENT E - CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (COBID) -

(REQUIRED FORM)

ATTACHMENT F - RESPONSIBILITY INQUIRY (REQUIRED FORM)

ATTACHMENT G - DISCLOSURE EXEMPTION CERTIFICATION FORM (If Applicable)

ATTACHMENT H - NOTIFICATION OF INTENT TO PARTICIPATE (REQUIRED FORM)

ATTACHMENT H-1 - PRODUCT SAMPLE AND SUBMITTAL REQUIREMENTS

ATTACHMENT H-2 - EVALUATION AND TESTING

ATTACHMENT I – PRINTING AND SEVICE SPECIFICATIONS

ATTACHMENT I-1 - STAMP TYPE SPECIFICATIONS

ITB # S-DASOBO-0004975 – Heat-Transfer Cigarette Tax Stamp Manufacturing and Distribution

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 4 of 22

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”), on behalf of the Oregon Department of Revenue (“Agency”), is issuing this Invitation to Bid (“ITB”) under the provisions of ORS 279B.055, ORS 279B.120, and OAR 125-247-0255 to establish a Price Agreement for heat transfer, counterfeit-resistant cigarette tax stamps, to include manufacturing, packing, and direct to distributor shipment. DAS PS intends to conduct a three-step solicitation as detailed below.

Pursuant to ORS 323.160, Agency has the authority to design and have printed or manufactured cigarette tax stamps, to be furnished to distributors, that signify payment of the cigarette tax imposed under the statutes. Agency is seeking to obtain services from a qualified contractor to provide the printing, manufacturing, and related services necessary to produce and deliver to Agency and the State’s license distributors the heat-transfer, counterfeit-resistant cigarette tax stamps as further described in this section and in accordance with all terms, conditions, and specifications of this ITB.

The initial term of the Price Agreement is anticipated to be one year with options to extend.

Pursuant to ORS 279B.120 and OAR 125-247-0255, DAS PS intends to conduct a multistep sealed bidding process:

• Step One - Notification of Intent to Participate (Mandatory):

Bidders wishing to participate in this ITB solicitation must email Attachment H (Notification of Intent to Participate), to the SPC to notify DAS PS of Bidder’s intent to participate.

Notifications (Attachment H) must be received by the Email Notification Due date detailed in the Schedule of Events, Section 1.3, of this ITB.

More information on Step One (Notification of Intent to Participate) can be found in Section

2.3.1 of this ITB and in Attachment H (Notification of Intent to Participate).

• Step Two - Product Sample Submission, Evaluation, and Testing (Mandatory):

Bidders, who submitted a Notification of Intent to Participate by the Email Notification Due date, must then submit Product Sample and Submission Requirements for evaluation and testing. Product Sample and Submission Requirements must include all requirements specified in Section 2.3.2 of this ITB and in Attachment H-1 (Product Sample and Submittal Requirements); and must be received by the due Date listed in the Schedule of Events, Section 1.3 of this ITB.

Product Samples will be evaluated and tested to ensure they meet the Specifications and Requirements detailed in Attachment H-2 (Evaluation and Testing).

More information on Step Two (Product Sample Submission, Evaluations, and Testing) can be found in Section 2.3.2 of this ITB, in Attachment H-1 (Product Sample Submission Requirements), and in Attachment H-2 (Evaluation and Testing).

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 5 of 22

• Step Three - Bid Submittal:

Eligible Bidders, who passed Step One (Notification of Intent to Participate), and who’s Product passes Step Two (Product Sample Submission, Evaluation, and Testing) will be asked to submit a Bid including a Price Bid Submittal Form and all Step Two Required Forms.

More information on Step Three (Bid Submittal) can be found in Section 3.2 and Section 3.3 of this ITB.

1.2 SCOPE OF WORK /SPECIFICATIONS

DAS PS is requesting Bids from Eligible Bidders on the following stamp types, specifications for each stamp type can be found in Attachment I-1 (Stamp Type Specifications):

1) Stamp Type 1: OR-20SH100_”20” denomination (P) A Pad - 1,000 stamps (ten (10) sheets of 100 stamps) For packs containing 20 cigarettes, Applied by hand using heat iron tool.

2) Stamp Type 2: OR-2030_”20” denomination A Large Roll - 30,000 stamps For packs containing 20 cigarettes, Applied by machine.

3) Stamp Type 3: OR-2072_”20” denomination, wide (W) A Wide Roll - 7,200 stamps For packs containing 20 (wide) cigarettes, Applied by machine.

4) Stamp Type 4: OR-2572_”25” denomination (M) A Roll 7,200 stamps Marlboro’s/25’s For packs containing 25 cigarettes (represents the higher tax rate as the pack has 5 extra cigarettes), Applied by machine.

For Bidder purposes, the approximate quantity for all stamps types purchased in 2020 and in 2021 is as follows:

Stamp Type Year 2020 Year 2021

Type 1: Pad 230,000 114,000 Type 2: Large Roll 137,850,000 114,900,000 Type 3: Wide Roll 727,200 468,00 Type 4: Roll 14,400 0

Total Stamps: 138,821,600 115,014,000

The quantities listed above are not, and may not be construed as, any representation, warranty or guarantee of the volume of stamps that will be purchased under the Price Agreement. Agency has no estimate of the volume of potential purchases. By submitting a Bid, Bidder agrees to supply all goods and services ordered during the term of any awarded Price Agreement.

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 6 of 22

Requirements For Related Services:

The Successful Contractor will be required to provide the following related services and meet the following requirements:

1) Contractor shall have the ability to interface with Agency’s online ordering system, (Revenue Online) (GenTax®) and be capable of exchanging data through an xml file.

Contractor’s interface must be completed within 8 weeks of Price Agreement execution.

2) Direct to Distributor Shipment: Contractor shall have the ability to perform direct to distributor shipment to Oregon’s License Distributors.

3) Contractor shall only produce, and ship stamps as ordered by Agency or Oregon’s Licensed Distributor via the Department of Revenue’s Online order system (Revenue Online) (GenTax®).

4) Prohibited Distribution of Stamps: Contractor shall not furnish any Oregon cigarette tax stamps or Oregon cigarette tax stamp samples manufactured under the Price Agreement to any individual or another agency, other than Agency and Oregon’s Licensed Distributors without the express prior written consent of Agency.

5) Contractor shall immediately notify Agency if Contractor detects, becomes aware of, or suspects that, Oregon cigarette tax stamps are being counterfeited or stamps are lost or stolen.

6) Contractor shall help Agency with enforcement of the Oregon Cigarette Tax Code and guard against illegal reproduction or counterfeiting of Oregon cigarette tax stamps.

7) Quantities/Availability of Stock Levels: Contractor shall notify Agency when stock of any stamps reaches an estimated 2-month supply and at other points as Agency determines is needed to assure availability of stock.

Estimated two-month supply for stock purposes:

Stamp Type 1 – 20,000 to 26,000 Stamp Type 2 – 8,00,000 to 10,000,000 Stamp Type 3 – 25,000 to 30,000 Stamp Type 4 – As requested by Agency.

8) Contractor must allow Agency and Oregon’s License Distributors to purchase up to a three

(3) month supply of stamps prior to any changes in stamp.

9) Contractor shall allow Agency and Oregon’s License Distributors to purchase up to a three

(3) month inventory supply prior to the expiration of the Price Agreement.

Additional Specifications and Related Services are set forth in:

Attachment I (Printing and Service Specifications) and Attachment I-1 (Stamp Type Specifications).

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 7 of 22

1.3 SCHEDULE OF EVENTS

The table below represents a tentative Schedule of Events. DAS PS may modify these dates at any time, via Addendum to the ITB. All times are Pacific Time (PT). N/A indicates that the time is Not Applicable.

EVENT Party Responsible

DATE TIME

(Pacific Time)

Pre-Bid Conference Date:

Pre-Bid Conference (Non-Mandatory)

Bidder November 30, 2022 10:00 am

Questions and Clarifications Due:

Submit all Questions and Clarifications in writing

Bidder December 2, 2022 5:00 pm

Answers to Questions and Clarifications Date:

Answers to Questions and Clarifications published in OregonBuys

DAS PS

December 6, 2022 (approximately)

N/A

Step One:

Notice of Intent to Participate

Email Notification Due

Bidder December 8, 2022

N/A

Step Two:

Product Sample Submittal Requirements

Product Sample and Requirements Due

Bidder December 20, 2022 2:00 PM

Product Sample Evaluation and Testing:

Product Sample Submittal Requirements to be evaluated and tested.

DAS PS

December 22, 2022

(approximately) N//A

Pass-Fail Notification Date:

Release Product Pass/Fail Notifications

DAS PS

December 27, 2022

(approximately) N/A

ITB Protest Period End Date:

ITB Bidder Protest Period Ends

Bidder 7 calendar days prior to

ITB Bid Opening Date

5:00 PM

Step Three:

Submit Bids (Bid Opening Date)

Bid Submittal and Required Forms Due

Eligible Bidders

See Cover Page of this ITB

Recording of Bid Opening Date:

Date all Bid Submissions will be recorded in OregonBuys

DAS PS 48 hours after the (Bid Opening)

Notice of Intent to Award Date:

Notice of Intent to Award posted in OregonBuys

DAS PS

January 9, 2023 (approximately)

N/A

Intent to Award Protest Period End Date:

Notice of Intent to Award Protest Period Ends

Bidder 7 days from Notice of

Intent to Award

5:00 PM

Price Agreement Execution Date:

Approximate date Price Agreement will be Executed

DAS PS

January 31, 2023 (approximately)

N/A

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 8 of 22

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined below or in the Sample Price Agreement (Attachment A), capitalized words have the meanings provided in OAR 125-246-0110:

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all Bidders in accordance with OAR 125-247-0305(8). The plural form of “Addendum” is “Addenda.”

"Bid" (referred to as “Quote” in OregonBuys) means the Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award.

Bid also means "Offer".

"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

"Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

“Eligible Bidder” means a Bidder who has passed Step One and who’s product and submission requirements pass Step Two of this ITB.

"Opening" means the date/time set to read (or record the Bids in OregonBuys) the Bid submittals, known in the ITB as “Recording of Bid Opening”.

"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services. The OregonBuys System website is: https://oregonbuys.gov/bso/.

“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.

“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.

https://oregonbuys.gov/bso/

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 9 of 22

1.4.1 CROSSWALK OF TERMS USED IN OREGONBUYS

Terminology specific to the OregonBuys System may be found at:

TerminologyCrosswalk(BothPhases).pdf (oregon.gov)

Term Used In OregonBuys

Definition

Amendment “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 125-246-0110(25). In OregonBuys, it is the deadline for submitting Quotes (Bids, Proposals, or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 125-246-0110(98) will immediately occur.

Bid Solicitation Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO (i.e., any form of contract, agreement, Contract, or on-call contract, etc., purchase order or work order contract).

Master Blanket Purchase Order

(“MBPO”)

Any form of contract, agreement, Contract, or on-call contract, etc., purchase order, or work order contract.

Quote Any form of Bid submission by Bidders, i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are able to submit a Quote and enter into any form of contract pursuant to Bid Solicitations advertised in OregonBuys.

1.5 SINGLE POINT OF CONTACT

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

DAS PS is conducting this ITB pursuant to ORS 279A.050(2) and OAR 125-246-0170(3).

2.2 OREGONBUYS

This ITB, including all Addendums, Attachments and Exhibits is published on the State of Oregon’s procurement system (OregonBuys) at https://oregonbuys.gov/. ITB documents will not be mailed.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oregon.gov%2Fdas%2FORBuys%2FDocuments%2FTerminologyCrosswalk%2528BothPhases%2529.pdf&data=05%7C01%7CKim.R.ONEILL%40das.oregon.gov%7C85184d7789674761f69108da341feee7%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637879608999718150%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=PwGWPCWP3tOIciPpi0VdXvvmdckLjZLsFAcpiJ3bybY%3D&reserved=0 https://oregonbuys.gov/

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 10 of 22

2.2.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS

If an Exhibit, Attachment, or Addenda cannot be viewed or downloaded through OregonBuys, Bidders are instructed to contact the SPC for additional assistance.

2.2.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Vendor Support Helpdesk by telephone: (855) 800-5046 or by email at support.oregonbuys@das.oregon.gov.

2.2.3 OREGONBUYS REGISTRATION INFORMATION

All prospective Bidders must be registered as a Vendor in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. Vendor step by step registration instructions can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

Vendors are solely responsible for ensuring their Vendor information is current, correct, and complete in OregonBuys. DAS PS and Agency will accept no responsibility for missing or incorrect Vendor information.

Supplier resources can be found at: State of Oregon: OregonBuys project information - Supplier resources

2.3 PROCUREMENT METHOD

DAS PS is using the multi-step Competitive Sealed Bidding method, pursuant to ORS 279B.055, OAR 125-247-0255, and may use any available optional procedures.

Bidders wishing to Bid on this ITB must submit Product Sample and Submittal Requirements for Evaluation and Testing. Bidders must participate, and pass, Step One (Notification of Intent to Participate); and their product and submission requirements, must pass the Evaluation and Testing as defined in Step Two (Product Sample Submission, Evaluation, and Testing).

2.3.1 STEP ONE - NOTIFICATION OF INTENT TO PARTICIPATE

Step One is Mandatory as detailed below:

Bidders wishing to Bid on this ITB must email the SPC a completed, Attachment H (Notification of Intent to Participate). The Notification of Intent to Participate will be pass/fail. Email Notifications containing a completed Attachment H, received by the due date specified in Section 3.1 (Schedule of Events) will “pass” Step One. If a Bidder did not submit an Email Notification of its Intent to Participate, the Bidder will “fail” Step One and will be ineligible to submit Product Sample and Submittal Requirements for Step Two and ineligible to submit a Bid Submittal for Step Three of this ITB.

Bidders are solely responsible for ensuring their Email Notification containing Attachment H is received by the SPC by the Email Notification Due Date. DAS PS will accept no responsibility for late, failed, or missing Email Notifications.

Bidders, who pass Step One, will receive an email confirmation from the SPC indicating they ‘pass” Step One and are able to participate in Step Two (Product Sample Submission, Evaluation, and Testing).

mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 11 of 22

If DAS PS receives only one Notice of Intent to Participate, DAS PS may dispense with the Procurement Method defined in Section 2.3 and proceed to Bid Submittal and Price Agreement award, subject to Product testing.

2.3.2 STEP TWO - PRODUCT SAMPLE SUBMISSION, EVALUATION, AND TESTING

Step Two is Mandatory as detailed below:

Bidders who did not participate and pass Step One (Notification of Intent to Participate) will not be allowed to participate in Step Two (Product Sample Submission, Evaluation, and Testing) or submit a Bid Submittal in Step Three of this ITB.

If a Bidder does not or cannot submit the Product Sample Submittal Requirements as described Attachment H-1, the Bidder will not be allowed to submit a Bid Submittal in Step Three of this ITB. Bid Submittals received from a Bidder who has not been deemed an Eligible Bidder (passed Step One and Step Two) will be deemed ineligible and will not be considered.

The Product Sample Submission, Evaluation, and Testing will be pass/fail. Products meeting the Evaluation and Testing criteria as defined in Attachment H-2 (Evaluation and Testing) and meeting the needs of Agency, as determined by Agency, will be accepted meaning they “pass” Step One and Step Two and are deemed an Eligible Bidder and able to move to Step Three, of this ITB. Products not meeting the Evaluation and Testing criteria as defined in Attachment H- 2 or which do not meet the needs of Agency, as determined by Agency, will not be accepted (“fail”) meaning the Bidder will be deemed ineligible to submit a Bid Submittal or move to Step Three, of this ITB.

Each Bidder will be required to meet the same Evaluation and Testing criteria as set forth in Attachment H-2 (Evaluation and Testing) to be deemed an Eligible Bidder.

Bidders may submit, samples, pictures, promotional materials, and pamphlet information for only those products requested.

If DAS PS only has one Bidder, DAS PS may dispense with the Procurement Method defined in Section 2.3 and proceed to Bid Submittal and Price Agreement award.

Additional Product Sample and Submission instructions and further detail is set forth in:

Attachment H-1 (Product Sample and Submittal Requirements).

2.3.3 PRE-BID CONFERENCE

A Pre-Bid conference will be held at the date and time listed in the Schedule of Events (Section 1.3).

Bidders participation in the Pre-Bid conference is encouraged but is not mandatory.

The purpose of the Pre-Bid conference is to:

• Provide additional description of the project.

• Explain the ITB process; and

• Answer any questions Bidders may have related to the project or the ITB process.

Statements made at the Pre-Bid conference are not binding upon Agency or DAS PS. Bidders may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Bid conference by:

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 12 of 22

Conference Call Number: (503) 446-4951 Access Code: 504561581#

2.3.4 QUESTIONS AND CLARIFICATIONS

Questions and requests for clarification, related to this solicitation must be submitted in writing to the SPC and meet the below criteria:

• Be delivered to the SPC via OregonBuys,

• Reference the OregonBuys ITB number, S-DASOBO-00004975,

• Identify the section area of the ITB being questioned (i.e., page, section, and paragraph),

• Include name and contact information of the party submitting questions or clarification and,

• Be received by the due date identified in the Schedule of Events in Section 1.3 of this ITB.

Questions by telephone are not accepted.

All questions, answers to questions, requests for clarification, and answers to requests for clarifications will be published in OregonBuys. The ITB may only be changed by Written Addendum issued by DAS PS as provided in Section 2.3.6. Addenda, clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.3.5 PROTEST OF ITB

Protests to this ITB must be submitted by via OregonBuys or email to the SPC and meet the below criteria:

• Received by the due date identified in the Schedule of Events in Section 1.3 or as detailed in the Addendum, if applicable.

• Include Bidder name and contact information.

• Reference the OregonBuys ITB number, S-DASOBO-00004975.

• Identify the reason for the protest, including:

o Grounds demonstrating how the procurement process is one or more of the below:

a) Is contrary to law,

b) Is unnecessarily restrictive,

c) Is legally flawed or,

d) Improperly specifies a brand name.

o Include evidence and documentation supporting the grounds on which the protest is based; and o Identify proposed changes to the ITB or other relief sought.

DAS PS will address all protests meeting these requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by

DAS PS.

2.3.6 ADDENDUM

Unless otherwise stated in the ITB, DAS PS shall publish any Addenda to this ITB on OregonBuys.

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 13 of 22

Addenda are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties through OregonBuys. Bidder is responsible for monitoring this ITB in OregonBuys regularly until the ITB Bid Opening Date. DAS PS will not send Addenda to any Bidder.

2.3.7 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a Bidder may submit a protest of an Addendum by the close of the next business day after the Addendum is published, or no later than the due date for Protests of ITB identified in the Schedule of Events in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest of an Addendum must be submitted in the same manner as a protest of the ITB as identified in Section 2.3.5, of this ITB.

SECTION 3: INSTRUCTIONS TO BIDDERS

3.1 ACCEPTANCE PERIOD

Notification of Intent to Participate (Step-One) and Product Sample, Submission, Evaluations, and Testing (Step Two) are due on or before the Due Date Specified in the Schedule of Events (Section 1.3). If a revised Schedule of Events is created through an Addendum, the revised Schedule of Event Dates shall become the official Schedule of Events.

Bid Submittals for Step Three are due on or before the Bid Opening Date identified on the cover page of this ITB. If a revised Bid Opening Date is created through an Addendum, the revised Bid Opening Date shall become the official Bid Opening due Date and time. Bids shall constitute firm offers for a period of 90 calendar days from the Bid Opening Date.

Only Eligible Bidders will move to Step Three.

3.2 STEP THREE: BID SUBMITTAL

Step Three is Mandatory as detailed below:

3.2.1 BID FORMAT

Bidder shall submit its Bid Submittal (Step Three) in a format corresponding and referencing the sections contained in Section 3.3. Bid Submittals should be presented in the same order and identify each item being addressed.

3.2.2 BID DELIVERY OPTIONS

Bidder is solely responsible for ensuring its Bid is received at DAS PS in accordance with the ITB requirements, by the Bid Opening Date. DAS PS shall not be responsible for any delays in submission or delivery.

Bidder shall submit its Bid using the following format:

Bid submission and all submission requirements must be submitted electronically through OregonBuys at OregonBuys.gov. Detailed instructions on how to submit a Bid can be found at OregonBuys Vendor Formal Solicitation Response.pdf

A Bidder who is unable to or elects not to submit its Bid through OregonBuys, must notify the SPC at least three (3) Business Days prior to the Bid Opening Date and indicate that Bidder will https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 14 of 22 be submitting its Bid via email.

DAS PS’ email system has size is limits on emails that can be received. Emails must be under 30 megabytes. A Bidder may need to send one or more emails to the SPC. Email submittals must be clearly marked. All required submittal items must be received by the SPC prior to the Bid Opening Date.

Bids submitted by facsimile (fax) will be rejected.

There will be no hand delivery of Bids.

3.2.3 SUBMITTING BIDS

DAS PS 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.

Bids shall include one copy of its Bid and all submittal requirements identified in Section 3.3.2.

Bidder shall submit Attachment F (Responsibility Inquiry Form).

The Bidder Responsibility Inquiry Form (Attachment F) and the Bidder Cover Sheet (Attachment B) must bear the Bidder’s authorized representative’s Signature.

3.2.4 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Bid Opening Date and time. DAS PS shall not be responsible for any delays in submission or delivery.

A Bidder wanting to make modifications to a Bid already submitted must withdraw its Bid and resubmit the modified version using the same submission method as the original bid and in accordance with the same requirements outlined in Section 3.2.2.

Detailed instructions on how to submit a Bid Modification through OregonBuys can be found at OregonBuys.gov WithdrawReopenResubmitQuote.pdf (oregon.gov)

If Bidder elected to submit its Bid via email Bidder must submit the Bid Modification via email to the SPC. Email size is limited to 30 megabytes, so Bidder may need to send one or more emails to the SPC. All modifications must be clearly marked and initialed. In addition, the modified Bid must be accompanied by a cover letter noting the specific changes to the original Bid submission.

Oral, facsimile, or telephonic modifications will not be accepted.

There will be no hand delivery of Bid modifications.

3.2.5 BID WITHDRAWAL

It is the responsibility of the Bidder to ensure Bid withdrawals are submitted before the Bid Opening Date and time. DAS PS shall not be responsible for any delays in submission or delivery.

A Bidder wanting to withdraw its original Bid submitted through OregonBuys must withdraw its original Bid through OregonBuys.

Detailed instructions on how to withdraw a Bid through OregonBuys can be found at OregonBuys.gov WithdrawReopenResubmitQuote.pdf (oregon.gov) https://www.oregon.gov/das/ORBuys/Documents/WithdrawReopenResubmitQuote.pdf https://www.oregon.gov/das/ORBuys/Documents/WithdrawReopenResubmitQuote.pdf

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 15 of 22

If Bidder submitted its original Bid via email to the SPC Bidder must submit a Notice to withdraw via email. The withdraw notice must meet the below criteria:

• Be delivered to the SPC via email.

• Reference the OregonBuys ITB number, S-DASOBO-00004975,

• Submitted on Bidder’s letterhead

• Signed by the Bidder’s authorized representative and,

• Be received by the SPC prior to the Bid Opening Date and time.

Oral, facsimile, or telephonic modifications will not be accepted.

There will be no hand delivery of Bid withdraws.

3.2.6 LATE BIDS

Late bids will NOT be accepted or reviewed. In the event a Bid is received but determined to be late, DAS PS is not obligated to return a late bid to the respective Bidder.

3.2.7 OPENING OF BIDS

A record of all Bid submissions will be documented in OregonBuys within 48 hours after the Bid Opening Date.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or to comply with any of the requirements in this ITB will be considered nonresponsive. DAS PS has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 BID OPENING DATE

Bids must be successfully submitted in OregonBuys (or via email, as described in Section 3.2.3) by the Bid Opening Date and time identified on the Cover Page of this ITB or as modified in an Addendum, if any.

3.3.2 REQUIRED FORMS AND SUBMITTALS

3.3.2.1 STEP ONE - REQUIRED FORMS

To be considered in Step One and Step Two Bidder must submit the following Forms in Step One:

Attachment H (Notification of Intent to Participate) Form

3.3.2.2 STEP TWO – REQUIRED DOCUMENTS AND SUBMITTALS

To be considered in Step Two Bidder must submit the following Product Sample and Submittal Requirements:

Attachment C (Reference Check) Form

Attachment G (Disclosure Exemption Certification) Form (if applicable)

Statement of Agreement to Conform to Attachment I (Printing and Service Specifications)

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 16 of 22

Statement of Agreement to Conform to Attachment I-1 (Stamp Type Specifications)

Counterfeit detection devices (3 separate devices) Counterfeit detection statement or pamphlet (1 for each detection device)

Stamp Type 1 Submittal Samples and Documents:

Sample test pack of cigarettes containing an affixed test stamp. (1 pack) Sample Pad containing unaffixed test stamps. (1 pad) Photographs of test packs during the test process. (1 set) Affidavit, certification of successful test, and test machine specifications.

Stamp Type 2 Submittal Samples and Documents:

Sample test cases of cigarettes containing an affixed test stamp. (2 cases) Sample Roll containing unaffixed test stamps. (1 roll) Photographs of test packs during the test process. (1 set) Affidavit, certification of successful test, and test machine specifications.

Stamp Type 3 Submittal Samples and Documents:

Sample test case of cigarettes containing an affixed test stamp. (1 case) Sample Roll containing unaffixed test stamps. (1 roll) Photographs of test packs during the test process. (1 set) Affidavit, certification of successful test, and test machine specifications.

3.3.2.2 STEP THREE – REQUIRED FORMS

To be considered in Step Three Bidder must submit the following forms, with its Bid Submittal:

Attachment B (Bid Cover Sheet) Form

Attachment D (Price Bid Submittal) Form

Attachment E (Certified Disadvantage Business Outreach Plan (COBID)) Form

Attachment F (Responsibility Inquiry) Form

Attachment G (Disclosure Exemption Certification) Form (if applicable)

3.3.3 AUTHORIZED SIGNATURE – ATTACHMENT B (REQUIRED)

Bidder’s Attachment B (Bid Cover Sheet) must be signed by person(s) legally authorized to bind the Bidder to the requirements of this ITB, the Bid, and the Price Agreement resulting from this ITB.

If requested by DAS PS, Bidder shall provide a current document certifying the representative’s authority to bind the Bidder and 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 – ATTACHMENT C (REQUIRED)

Bidder must Submit a completed Attachment C (Reference Check).

Bidder’s Check Form must include three (3) references describing work performed within the last 5 years. References must confirm Bidder’s ability to perform work similar to this Project.

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 17 of 22

Bidder must describe how the work qualifies them to perform the work described in this Solicitation.

Reference Information must include:

• Reference name, telephone number, email, and mailing address

• Description of services or products provided

• Dates of Service

3.3.5 RESPONSIBILITY DETERMINATION – ATTACHMENT F (REQUIRED)

Bidder shall submit a completed and signed Attachment F (Responsibility Inquiry Form).

DAS PS will determine if the successful Bidder is Responsible prior to award and execution of the Price Agreement. The Attachment F (Responsibility Inquiry Form) must be signed by Bidder.

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

3.3.6 COBID CERTIFICATION – ATTACHMENT E (REQUIRED)

Bidder shall submit a completed Attachment F (COBID Certification Form).

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS PS 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. DAS PS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

COBID Certification Management System (diversitysoftware.com) and

Business Oregon: Certification Office for Business Inclusion and Diversity (COBID): Certification Office for Business Inclusion and Diversity (COBID): State of Oregon

3.3.7 PRICE BID SUBMITTAL FORM– ATTACHMENT D (REQUIRED)

Bidder must submit a completed Attachment D (Price Bid Submittal Form).

3.4 OTHER REQUIRED FORMS AND CERTIFICATES

3.4.1 DISCLOSURE EXEMPTION AFFIDAVIT – ATTACHMENT G (IF APPLICABLE)

If Bidder believes any of its Biddersubmission is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Bidder shall complete and submit the Disclosure Exemption Affidavit (Attachment G). Bidder shall also mark as “Confidential” in OregonBuys all attachments to its Submitted documents and items that Bidder believes are exempt from disclosure.

3.4.2 PAY EQUITY (IF APPLICABLE)

If selected for award and as applicable, Bidder shall submit to DAS PS a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department https://oregon4biz.diversitysoftware.com/FrontEnd/searchcertifieddirectory.asp https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 18 of 22 of Administrative Services. For more information on Pay Equity Certification, visit https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx.

ORS 279B.110(2)(f) requires Bidder to provide this prior to execution of the Price Agreement.

3.4.3 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a 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.

3.4.4 INSURANCE

If awarded a Price Agreement, Bidder shall secure and provide proof of the Insurance as Required and at the coverage levels described in Exhibit B of Attachment A.

SECTION 4: PRODUCT SAMPLE, SUBMITTAL, AND BID REVIEW

METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

Product Samples, Submittals, and Bids received from Bidders by the due dates listed in the Schedule of Events will be reviewed to determine Responsive to all ITB requirements including compliance stated in Section 3.3. If a Product Sample, Submittal, or 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 Product Samples, Submittals, or the Bid non-Responsive, the Product Samples, Submittals, and Bid may be rejected, however, DAS PS reserves the right to waive mistakes in accordance with OAR 125-247-0470.

4.2 PRICE COMPARISON

DAS PS shall award the Price Agreement to the lowest cost Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB.

4.3 REFERENCES

DAS PS 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 may be cause for rejection.

DAS PS may conduct other reference checks to determine Bidder’s ability to comply with the requirements of this ITB. Other reference checks may be with persons and entities whose names have not been provided by Bidder, but whom DAS PS has knowledge. DAS PS may use references to obtain additional information, break ties, or verify any information needed.

4.4 PREFERENCES

4.4.1 RECIPROCAL PREFERENCE

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

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 19 of 22

For Bid calculation purposes per OAR 125-246-0310, DAS PS shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to the respective Bidder’s in-state preference.

4.4.2 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, DAS PS will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.4.3 PUBLIC PRINTING

DAS PS shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.4.4 TIEBREAKERS

Oregon Supplies: If DAS PS receives Bids identical in price, fitness, availability, and quality and chooses to award a Price Agreement, DAS PS shall award the Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.

4.5 METHOD OF AWARD

DAS PS intends to award one Price Agreement to the Responsible Bidder submitting the lowest, Responsive Bid.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After the lowest cost Responsible Bidder is determined, DAS PS will publish a notice of Intent to Award in OregonBuys.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder must provide a Written protest to the SPC by the Date and time specified in the Schedule of Events, in Section 1.3.

Affected Bidder means the Bidder would be eligible for the Price Agreement award in the event the protest is successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All lower Bids are non-Responsive.

• DAS PS has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

• DAS PS abused its discretion in rejecting the protestor’s Bid as non-Responsive.

• DAS PS’ evaluation of Bid or determination of award otherwise violates ORS Chapter

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 20 of 22

279A or ORS Chapter 279B.

If DAS PS receives only one Bid, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via OregonBuys or email

• Reference the OregonBuys ITB number, S-DASOBO-00004975.

• Include Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received by the due date identified in the Schedule of Events in Section 1.3 or as detailed in the Intent to Award, if applicable

5.2.2 RESPONSE TO PROTEST

DAS PS 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 may not be considered by DAS PS.

SECTION 6: PRICE AGREEMENT EXECUTION

After awardee’s submission of the required information i.e., Pay Equity Certification, if applicable; and Certificate of Insurances forms and documents as identified in the ITB and its Attachments, and after obtaining all approvals on forms as well as requisite approvals required, DAS PS will proceed with final award. The Price Agreement attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Price Agreement until the Price Agreement has been executed and DAS PS has provided the Contractor with a copy of the executed Price Agreement and the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, DAS PS 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 DAS PS receives an Offer from a government body, DAS PS will initially review the Offer according to the same criteria set forth in this ITB. DAS PS, 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 DAS PS.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids and Product Samples submitted in response to this ITB become the property of the State. The submission of Product Samples and submission of a Bid, in response to this ITB grants the State a

Approved for Release: ITB S-DASOBO-00004975 and its Attachments by: Karen J. Johnson, Assistant Attorney General via email to Kim O’Neill 11/21/2022 @ 11:13 AM. (Matter No. 150105, GF 0791-21) Page 21 of 22 non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Product Samples and Bid solely for the purpose of evaluating and Testing of the Product Samples and evaluation of the Bid, awarding a Price Agreement, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including Product Samples and supporting materials, will not be returned to Bidder. Product Samples will be returned if the Bidder submits a self -addressed, postage paid, package at the time of submitting Product Samples. More information can be found in Attachment H-1 (Product Sample and Submittal Requirements).

7.3 COST OF BIDDING

Bidders must pay all costs associated with Bid submission including, the submission of Product Samples, return of Product Samples, and all costs associated with Bid submittal including, but not limited to, preparation, registration, insurance premiums, and certification as required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, DAS PS 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. DAS PS, 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 DAS PS cancels this ITB prior to the Bid Opening date and time, all Bids will become part of the public record without obligation to DAS PS.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

If Bidder believes any of its Bid or Product and Sample or Required Submissions are exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Bidder shall complete and submit the Disclosure Exemption Affidavit (Attachment G) and submit a redacted copy of the documents believed to be exempt. Bidder shall also mark as “Confidential” attachments believed to be exempt from disclosure.

Following award of 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 Bid 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…