ITB 02385 - Fuels Reduction Mastication Service - White River - Final.pdf

ITB: -#S-62900-00002385 – Fuels Reduction and Mastication Services, White River

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 1 of 17

STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

FUELS REDUCTION AND MASTICATION TOIMPROVE WILDLIFE HABITAT

ON THE WHITE RIVER WILDLIFE AREA

Invitation to Bid (ITB)

S-62900-00002385

Date of Issue: Thursday, March 31, 2022

Closing date: Thursday April 28, 2022, at 2:00 p.m.

Single Point of Contact (SPC): Zaida L. Zuñiga Address: 2600 State Street, Bldg. C City, State, Zip Salem, OR 97301 Phone (voice) 503-945-7234 E-mail: zaida.l.zuniga@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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW AND SCOPE

2.1 PROCURMENT AUTHORITY ................................................................. Error! Bookmark not defined.

2.2 PROCURMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL) ........................................... Error! Bookmark not defined.

4.5 REFERENCES

4.6 RESERVED

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO

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5.1 INTENT TO AWARD NOTIFICATION .................................................... Error! Bookmark not defined.

5.2 INTENT TO AWARD PROTEST ............................................................. Error! Bookmark not defined.

5.3 PAY EQUITY............................................................................................. Error! Bookmark not defined.

5.4 NONDISCRIMINATION IN EMPLOYMENT ........................................... Error! Bookmark not defined.

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT

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SECTION 7: ADDITIONAL

INFORMATION .......................................................................................................................... Err or! Bookmark not defined.

7.1 GOVERNMENT BODIES ........................................................................ Error! Bookmark not defined.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS ............................. Error! Bookmark not defined.

7.3 COST OF BIDDING.................................................................................. Error! Bookmark not defined.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES ........... Error! Bookmark not defined.

7.5 RECYCLED PRODUCTS ........................................................................ Error! Bookmark not defined.

7.6 CHECKLIST DISCLAIMER ...................................................................... Error! Bookmark not defined.

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B – REQUIRED INSURANCE

EXHIBIT C – COMPENSATION

EXHIBIT D - INDEPENDENT CONTRACTOR CERTIFICATION

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

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Forestry (“Agency” or “ODF”), is issuing this Invitation to Bid (“ITB”) to conduct Fuel Reduction Thinning (mastication) Services (the “Services” or “Work”) and improve wildlife habitat on the Wildlife Area for the Oregon Department of Forestry (ODF) and for the U.S. Forest Service (USFS). The project will be led and administered by ODF and the USFS.

The Oregon Department of Forestry mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon's forests to enhance environmental, economic, and community sustainability. One of Oregon Department of Forestry’s Vision is to have healthy forests providing a sustainable flow of environment, economic, and social outputs, and benefits.

Agency anticipates the Award of one Contract from this ITB. The Contract will be for the immediate Fuel Reduction Thinning (mastication) Services to be completed by June 30, 2023 but will remain in effect so that additional services can be amended into the Contract if a future need arises. The initial term of the Contract is anticipated to be a one (1) year term with options to renew annually up to three (3) additional one-year terms; combined terms shall not exceed four (4) years total. The Services will begin in June 2022 and the initial Contract term is also anticipated to commence approximately June 2022.

1.1.1 Purpose

The purpose of the ITB is to establish a Contract to provide Fuel Reduction Thinning (mastication) Services. The successful Bidder will provide all material, equipment, labor and personnel, services and supplies necessary (except those designated as Agency-provided services or supplies) to perform and complete the services described in the bid invitation in accordance with the work, requirements and the Statement of Work, Exhibit A of Attachment

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

If awarded a Contract, Contractor shall provide Fuel Reduction Thinning (mastication) Services, 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. For the initial Contract term, Services are to be completed between May 1, 2022, to June 30, 2023. Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing Fuel Reduction Thinning (mastication) Services.

The awarded Contractor must have the ability to perform Fuel Reduction Thinning (mastication) Services of all units listed and as stated within the Statement of Work within Attachment A, Exhibit A.

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

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Event Date and Time TIME (Pacific Time)

Questions and Clarification Due April 13, 2022 2:00 PM Answers to Questions / Request for Clarification Issued (approximate)

April 15, 2022 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) May 2, 2022

Award Protest Period Ends 7 calendar days prior to ITB closing

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

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 6 of 17 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.

“Mastication” means use of mastication equipment to remove forest fuels.

"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.

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“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

Agency is issuing this ITB pursuant to authority ORS 279B.055 (2) and OAR 137-047-0255, and Department of Administrative Services Tier Delegation #DASOBO-00021313.

2.2 PROCURMENT METHOD

Agency is procuring the Fuels Reduction Mastication Services using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047-0255.

2.3 PRE-BID CONFERENCE.

A Pre-Bid conference will Not be held for this ITB.

2.4 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.

2.4.1 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.

2.4.2 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.

2.4.3 OREGONBUYS Registration Information

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:support.oregonbuys@oregon.gov

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Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

2.5 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.

2.6 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.

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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.

Note: In an effort to help slow the spread of COVID-19 in Oregon and protect employees and the public, the Oregon Department of Forestry (ODF) has changed the way it provides services at its main office located at 2600 State Street, Salem, effective March 23, 2020. Offices will remain open and can be reached by phone during regular business hours, but in-person interactions between staff and the public will be by appointment only. In support of this effort, ODF requires the

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 10 of 17 submission of email bids (electronic procurement) for this solicitation; however, if this is not possible, Bidder shall make other arrangements for bid delivery with the Single Point of Contact as specifically described above.

ODF is committed to providing important services to Oregonians while reducing the risk of exposure for customers and employees. Because many ODF offices are not configured in a manner to allow for social distancing, this approach will help mitigate that risk without substantively affecting service delivery. We appreciate the public’s patience as we strive to continue providing important services during this unprecedented disruption to daily life.

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. The Agency will not accept Bids that require payment by the State.

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

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 11 of 17 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 name of each bidder and the amount of the bids will be recorded by the agency and available upon request after the closing date and time stated on the cover sheet. The Contracting Agency will not read bids aloud. Bids received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125- 247-0630.

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 – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

• A document that describes how Bidder meets the minimum requirements for experience, licenses and resources as described below in Section 4.4 MINIMUM QUALIFICATIONS (PASS/FAIL). This information will not be scored but will be evaluated as pass or fail.

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.

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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 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.

3.3.6 Key Person(s)

Bidder must identify a foreman who must:

• Have a minimum of three (3) years of experience, with at least one (1) year of fuels reduction Mastication 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.

3.3.7 Bid Requirements

Bidder must provide all information required in Attachment D of this ITB.

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.

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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.

4.5 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 RESERVED

4.7 PREFERENCES

4.7.1 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.

4.7.2 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.

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

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

https://www.naspo.org/reciprocity1

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SECTION 5: 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.

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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

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

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 16 of 17

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 B.

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.

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 http://www.filinginoregon.com/index.htm

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 17 of 17 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).