ITB 02679 ITB Heritage Surveys - Boundary on MNF - Final.pdf

ITB: -#S-62900-00002679 Heritage Surveys on the Boundary Vegetation Management Project on the Malheur National Forest

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STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

HERITAGE SURVEYS ON THE BOUNDARY VEGETATION MANANGEMENT

PROJECT on the MALHEUR NATIONAL FOREST

Invitation to Bid (ITB)

OREGONBUYS #S-62900-00002679

Date of Issue: June 7, 2022

Closing date: July 7, 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 (SPC)

SECTION 2: AUTHORITY, OVERVIEW AND SCOPE

2.1 PROCURMENT AUTHORITY

2.2 PROCURMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.6 ADDENDUM

2.7 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)

4.5 REFERENCES

4.6 RESERVED

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 AWARD NOTIFICATION PROCESS

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT 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 RECYCLED PRODUCTS

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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 – BIDDER CERTIFICATION SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – COST BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G - CONTRACTOR DATA AND TAX CERTIFICATION

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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”), is issuing this Invitation to Bid to provide heritage surveys, field data collecting, updating previously identified sites, and recording new cultural resources on the Malheur National Forest (MNF), hereinafter, referred to as (“the project”).

The Malheur National Forest (MNF) and the Oregon Department of Forestry are seeking a cultural resource management contractor to complete approximately 2,600 acres of survey and site documentation for a portion of the Boundary Vegetation Management Project (Boundary Project).

The Boundary Project comprises nearly 38,000 acres of National Forest System lands on the Emigrant Creek Ranger District (ECRD) of the Malheur National Forest.

All work must be completed on this project prior to September 30, 2022.

Additional details on the Scope of the goods or services or both are included in Attachment A, Exhibit A (Statement of Work).

Agency anticipates the award of one Contract from this ITB. The Contract will be to collect data and record new cultural resources necessary to inform those findings. Contract work will include contact with Oregon Department of Forestry (ODF) and MNF personnel.

1.1.1 Agency Overview and Background

The Oregon Department of Forestry’s 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 visions is to have healthy forests providing a sustainable flow of environment, economic, and social outputs, and benefits.

1.1.2 Purpose

The purpose of the ITB is to establish a Contract to provide heritage surveys field data collecting and recording new cultural resources on the Malheur National Forest.

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 A.

1.2 SCOPE OF WORK / STATEMENT OF WORK / SPECIFICATIONS

If awarded a Contract, Contractor shall provide Heritage Surveys 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, Exhibit A of Attachment A.

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1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change

Event Date and Time TIME (Pacific Time)

Questions and Clarification Due June 21, 2022 2:00 PM Answers to Questions / Request for Clarification Issued (approximate)

June 22, 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) July 11, 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 are defined in OAR 137-046-0110 or as defined below.

1.4.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 137-046-0110, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

Capitalized terms in this Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the DAS Public Contracting Rules (OAR Chapter 125), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

"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.

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“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.

"Contract" means the entire agreement between the parties, including but not limited to these Standard Terms and Conditions, any Special Terms and Conditions and other provisions of this Solicitation Document, the Offer, any purchase order, work order, or price agreement document, and any terms and conditions contained in any exhibits, schedules, and other attachments to and amendments and restatements of any of the above.

“Contractor” means the person or organization with whom the Agency enters into a Contract setting prices, terms, and conditions for the Services to be performed under the Contract.

“ITB” means this Invitation to Bid.

"ODF" means Oregon Department of Forestry.

“OregonBuys” means the State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.

“Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.

“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.

“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all parts, sections, exhibits, attachments, and Addendums, which is issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B.

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“State” means the State of Oregon.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

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“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 (SPC)

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 for Heritage Surveys on the Boundary Vegetation Management Project pursuant to authority under ORS 526.274(1), and Department of Administrative Services Tier Delegation #DASOBO-00021313.

2.2 PROCURMENT METHOD

The Agency is using the Competitive Sealed Bid, pursuant to ORS 279B.055 and OAR 137- 047-0255., Competitive Sealed Bidding.

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

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

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

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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.

2.7 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.

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2.8 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later.

Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers, meaning they cannot be modified or withdrawn, for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 Bid Format

Bidder shall submit its Bid electronic via email. The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses shall be presented in the same order and identify the item being addressed.

3.2.2 Submitting Bids

Bidder is solely responsible for ensuring its Bid is received by the SPC in accordance with the ITB requirements, by Closing. Agency will not be responsible for any delays in delivery.

Bids must be emailed to the SPC identified on the cover page of this ITB. ALL BIDS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. The Bid must include ITB number in the subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s SPC to make arrangements for an alternate delivery or alternate format. ODF is not responsible for incomplete Bids or Bids that were not correctly addressed to email of SPC identified on the cover page. Only alternative delivery or formats approved in advance of Closing by the SPC will be accepted.

Bids must be received by the Agency before the scheduled Solicitation Document Closing date and time, found on the Cover Page. Late Bids will not be considered.

All costs associated with preparation, submission, modification, and withdrawal of a Bid are the sole responsibility of the Bidder and will not be accepted by Agency. 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

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A Bid submitted in response to this ITB may be modified, in writing, by the Bidder prior to Closing. It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

A Bidder wishing to make modifications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.5.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission.

• Each Bid modification must be signed by Bidder’s authorized representative and state that the modification(s) amends and supersedes the identified portions of the prior Bid.

• Include the ITB number.

Bid modifications may be submitted electronically (via email) as a PDF document. Bid modifications submitted must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2. If Bidder is unable to submit a Bid Modification via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic modifications will not be accepted.

3.2.5 Bid Withdrawal

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time. Bid withdrawals must be clearly marked as such and must comply with all Bid submission requirements in Section

3.2.2. If Bidder is unable to submit a Bid withdrawal via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic withdrawals will not be accepted.

3.2.6 Late Bids

Late Bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.7 Opening of Bids

Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time identified on the cover page of this ITB or as changed by Addendum. The 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 137- 047-0630.

3.3 BID REQUIREMENTS

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.

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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 – Bidder Certification Sheet

• Attachment C – Reference Check Form

• Attachment D – Cost 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.

3.3.4 Bid Requirements

Bidder must provide all information required in the Cost Bid Submittal Form (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 similar to what is requested in this ITB. Bidder must have performed the services for at least three (3) different clients or agencies within the last two (2) years and must have performed the service at least once in the last 12 months.

Bidder must be able to meet all requirements and perform all services specified in the attached sample Contract and its exhibits.

4.5 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 two (2) years, and three (3) different firms who can be contacted regarding the quality of service the Key Person provided within the las two (2) years as 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.

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.

https://www.naspo.org/reciprocity1

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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.

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:

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• Be delivered to the SPC via email.

• Reference the ITB number.

• Identify Bidder’s name and contact information.

• Be signed by an authorized representative.

• Specify the grounds for the protest.

• Be received within seven (7) calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information will not be considered by Agency.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract. As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Contractor shall include with its bid a certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110(4).

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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5.5 OTHER REQUIRED INFORMATION

5.5.1 Insurance

Prior to Award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Attachment A, Exhibit 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 http://www.filinginoregon.com/index.htm

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DAS Procurement Services, Version 1.0 – February 20, 2019. Page 16 of 58 enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples, and other supporting materials, or to participate in demonstrations, if required by this

ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the Contract Services or Work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS 279B.225, and ORS279 B.270-279B.280).

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ATTACHMENT A – SAMPLE CONTRACT

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

This Contract is between the State of Oregon, acting by and through its Department of Forestry, hereafter called “Agency”, and (Name of Company), hereafter called “Contractor”. Agency and Contractor shall collectively be referred to as the “Parties”.

1. Contract.

a. Term. This Contract shall become effective on the date this Contract has been fully executed by every party and, when required, approved by the Department of Administrative Services and the Department of Justice. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when Agency accepts Contractor's completed performance or on September 30, 2022, whichever date occurs last. Contract termination shall not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

b. Authority. Agency is authorized to enter into this type of contract under the authority granted in ORS 530.050 and 526.041, and the Department of Administrative Services (DAS) delegation 740-13 (as amended).

2. Statement of Work. Contractor shall perform the work (the “Work”) as set forth in the Statement of Work, which includes the delivery schedule for such Work, and that is attached hereto as Exhibit A. Contractor shall perform the Work in accordance with the terms and conditions of this Contract.

3. Consideration

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is ($XXX,XXX). Payment will be made in accordance with section 6 of Exhibit A (Statement of Work). Agency will not pay Contractor any amount in excess of the price per plot set forth in section 6 of Exhibit A (Statement of Work) and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

CONTRACTOR: DEPARTMENT OF FORESTRY

Administrator:

Title:

Address:

Phone:

Email:

Federal ID #:

Administrator: Cameron Scott

Title: Federal Forest Reforestation Coordinator

Address: 3501 NE 3rd St.

Prineville, OR 97754

Phone: (541) 447-5658

Email: Cameron.t.scott@odf.oregon.gov

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b. Interim payments to Contractor shall be subject to ORS 293.462.

c. Agency will pay only for completed Work that is accepted by Agency in accordance with specifications and process set forth in Exhibit A (Statement of Work). Agency shall not reimburse Contractor for any expenses under this Contract.

d. Contractor shall submit invoices to Agency’s Contract Administrator. Contractor shall describe Work performed with particular invoices in accordance Exhibit A (Statement of Work) #6.2 Invoice Payment Terms.

4. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence: this Contract less all exhibits, attached Exhibits A (Statement of Work, Exhibit A-E), Appendices B – I).

These exhibits and appendices are attached hereto and incorporated herein by this reference.

5. Independent Contractor; Responsibility for Taxes and Withholding; Key Persons.

a. Contractor shall perform all Work as an independent contractor. The Agency reserves the right (i) to determine and modify the delivery schedule for the Work and (ii) to evaluate the quality of the Work Product, however, the Agency may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

b. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract, represents and warrants that: Contractor’s Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or federal agency for which Contractor currently performs work would prohibit Contractor’s Work under this Contract.

c. Contractor understands and agrees that it is not an "officer", "employee", or "agent" of the Agency, as those terms are used in ORS 30.265.

d. Contractor acknowledges and agrees that the Agency selected Contractor and is entering into this Contract, because of the required special qualifications, as indicated in the ITB, of Contractor's key personnel identified in the Statement of Work (each a “Key Person” and, together, “Key Persons” or “Key Personnel”). Neither Contractor nor a Key Person shall delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of the Agency. Further, Contractor shall not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining both Agencies and ODF Federal Forest Restoration (FFR) Coordinator’s written consent to such re-assignment or transfer. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that the Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, the Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person, if requested. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved in writing by the Agency will thereafter be deemed a Key Person for purposes of this Contract and the Statement of work deemed amended to include such Key Person.

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6. Subcontracts, Successors, and Assignments

a. Contractor shall not enter into any subcontracts for any of the Work required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor performance as if the subcontractor were the Contractor with respect to Sections 5, 6, 7, 9, 10, 11, 14, 15, 16, 18, and

23. Agency’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and inure to the benefit of the parties, their respective successors, and permitted assigns, if any.

c. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without Agency’s prior written consent.

7. No Third-Party Beneficiaries. Agency and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

8. Funds Available and Authorized; Payments. Contractor shall not be compensated for Work performed under this Contract by any other agency or department of the State of Oregon. Agency certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within the Agency's current biennial appropriation or limitation. Contractor understands and agrees that Agency's payment of amounts under this Contract is contingent on Agency receiving appropriations, limitations, allotments or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract. Nothing in this Agreement is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon.

9. Representations and Warranties.

a. Contractor’s Representations and Warranties. Contractor represents and warrants to Agency that (1) Contractor has the power and authority to enter into and perform this Contract, (2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor’s industry, trade or profession, (4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work, (5) all computer hardware and software delivered under this Contract will, individually and in combination, correctly process, sequence, and calculate all date and date-related data for all dates prior to, through and after January 1, 2000, (6) any software products delivered under this Contract that process date or date-related data shall recognize, store and transmit date data in a format which explicitly and unambiguously specifies the correct century, and (7) Contractor prepared its proposal related to this Contract, if any, independently from all other Bidders, and without collusion, fraud, or other dishonesty.

b. Warranties cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided.

10. Ownership of Work Product.

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a. Definitions. As used in this Section 10, and elsewhere in this Contract, the following terms have the meanings set forth below:

(i) “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Work.

(ii) “Third Party Intellectual Property” means any intellectual property owned by parties other than Agency or Contractor.

(iii) “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Contractor is required to deliver to Agency pursuant to the Work.

b. Original Works. All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of U.S. Government. Without limiting the generality of the foregoing, all field notes, maps, electronic data, draft and final Deliverables, photographs or digital images, and artifacts collected or generated, or otherwise produced, in the performance of this Contract are considered and shall become the sole property of the U.S. Government and will be submitted to the DNF PM with the final inventory report at the conclusion of the project.

The Contractor agrees not to assert any rights of common law or inequity or establish any claim to statutory copyright in such data. The Contractor shall not publish or reproduce such data in whole or in part or in any manner or form, or authorize others to do so, without the written consent of the U.S. Government, until such time as the U.S. Government may have released such data to the public.

c. Contractor Intellectual Property. The Contractor hereby grants to the Agency and U.S. Government, a royalty-free, nonexclusive, and irrevocable license throughout the work to 1) publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, all data which are not first produced or composed in the performance of this contract, but which are incorporated in the work furnished under this Contract, and 2) to authorize others to do so.

d. Third Party Works. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third-Party Intellectual Property, and to authorize others to do the same on Agency’s behalf.

e. Distribution. The distribution of information relating to this Contract shall be governed by Public Law 96-95, October 31, 1979 (93 Stat.727), as follows:

Section 3. (a) Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this Act or under any other provision of Federal law may not be made available to the public under subchapter II of Chapter 5 of the Title 5 of the United States Code or under any other provision of law unless the Federal land manager concerned determines that such disclosure would:

Further the purpose of this Act or the Act of June 27, 1960 (16 USC 469-469c) and Create a risk of harm to such resources or to the site at which such resources are located.

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11. Indemnity.

a. GENERAL INDEMNITY. CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY THE STATE OF OREGON AND AGENCY AND THEIR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING…