ITB 03590 Cone Harvest Services - Final.pdf

ITB #S-62900-00003590 – Cone Harvest Services at J.E. Schroder Seed Orchard, St. Paul, Oregon

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STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

ISSUES THIS INVITATION TO BID (ITB)

For the Cone Harvest Services

OREGONBUYS #S-62900-00003590

Closing: Tuesday, August 2, 2022, at 2:00 PM

Single Point of Contact (SPC): Zaida L. Zuniga

Address: 2600 State St.

City, State, Zip: Salem, OR 97310 Phone (office): 503-945-7234 Phone (cell): 971-301-0133 E-mail: zaida.l.zuniga@odf.oregon.gov

A voluntary Pre-Bid Tour will be held on, July 22, 2022, at 9:00 AM Pacific Time at: 3700 Mahony Road NE, St. Paul, Oregon 97137. Contact for details Jessica Pires at 503-930-3517.

Prospective Bidders participation is not mandatory but is highly encouraged.

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 PROCUREMENT AUTHORITY and method

2.2 PROCUREMENT 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

3.3 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)

4.4.1 Experience

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: 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 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE PRICE AGREEMENT

EXHIBIT B – Cone Harvest Specifications EXHIBIT C – Cone Harvest Definitions EXHIBIT D – Map of Work Area EXHIBIT E – Insurance Requirements EXHIBIT F – Cost Bid Form EXHIBIT G – 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”), is issuing this Invitation to Bid (ITB) to establish a Price Agreement for Services.

The purpose of this Invitation to Bid (ITB) is to establish a Price Agreement to furnish all equipment and labor to perform cone harvesting services for the Oregon Department of Forestry’s J.E. Schroeder Seed Orchard in St. Paul, Oregon. The successful low bidder(s) will begin this Price Agreement on August 1, 2022. The initial term of the awarded Price Agreement is intended to be one (1) year but may be amended for four (4) additional one (1)-year terms. The maximum term of the Price Agreement will not exceed five (5) years.

The resulting Price Agreement term of the initial Price Agreement will be valid until October 31, 2022.

Bidders are required to comply with all the terms and conditions set forth in this Solicitation Document with respect to their Bid and the resulting Price Agreement. Bidders to which the award of a Price Agreement is made should expect to enter into a Price Agreement that includes every term, condition, and requirement for the Price Agreement as set forth in this Solicitation Document, and any others required by applicable Oregon laws. Unless otherwise specified, the selected Contractor shall be required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Goods or Services when performing under the Price Agreement resulting from this Solicitation Document.

The final statement of work will be negotiated with the selected Contractor(s) and set forth in Attachment A, Exhibit A of the Price Agreement. The Price Agreement may be amended for extension of time, deliverable quantities, not to exceed amount, geographical extent, and workload each year. As a result of this solicitation process, the Agency intends to award a single Price Agreement, or multiple Price Agreements for the Services described in this Solicitation Document. The form of the resulting Price Agreement and applicable general provisions are included in Attachment A (Sample Price Agreement Form). The parties may need to modify selected terms, conditions, price(s), and types of work under circumstances related to the following illustrative, although not exhaustive, categories of amendments:

1.1.1 Agency Overview and Background

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.

1.1.2 Purpose

The purpose of the ITB is to establish a Price Agreement to furnish all equipment and labor to perform coniferous seed cones from orchard trees at the Oregon Department of Forestry’s J.E.

Schroeder Seed Orchard near St. Paul, Oregon. 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.

Contractor’s workers shall manually harvest the cones while working from hydraulic platforms and/or 3-legged orchard ladders. Sacks of harvested cones shall be placed beneath the trees, whereupon State shall inspect and transfer the cones to the storage shed.

Work Areas are described in Attachment A, Exhibit A.

Detailed cone harvesting specifications are provided in Attachment A, Exhibit B.

Agency anticipates the award of one Price Agreements resulting from this ITB. The initial term of the awarded Price Agreement is intended to be one (1) year with an option to renew up to for four (4) additional one (1)-year terms as statute allows. The maximum term of the Price Agreement will not exceed five (5) years. The

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 5 of 47 resulting Price Agreement term of the initial Price Agreement will be valid until October 31, 2022.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

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

The Work will take place at 3700 Mahony Road NE, St. Paul, Oregon 97137.

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

Event Date and Time

Questions and Requests for Clarification Due July 25, 2022

Answers to Questions / Requests for Clarification Issued (approximate) July 28, 2022

Closing (Bids Due) As stated on the cover page

OregonBuys Notice of Intent to Award (approximate) August 3, 2022

Price Agreement Execution (approximate) August 5, 2022

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, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Price Agreement attached as Attachment A, Exhibit B.

1.4.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

"Addendum" or "Addenda" mean 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).

“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.

“Bidder” or “Offeror” mean 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.

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

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“ITB” means this Invitation to Bid.

"ODF" means Oregon Department of Forestry.

“OregonBuys” means the Oregon Procurement Information Network, which is 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 Price Agreement: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

"Price Agreement" 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.

“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.

“Services” means all work required to be performed under the Price Agreement 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.

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

“State” means the State of Oregon.

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

“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 Price Agreement.

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 identified on the cover page of this ITB.

SECTION 2: AUTHORITY, OVERVIEW AND SCOPE

2.1 PROCUREMENT AUTHORITY AND METHOD

ODF has authority to enter this Price Agreement pursuant to Department of Administrative Services (DAS) Tier Delegation #DASOBO-00021313 (as amended), ODF tiered delegation agreement agency is authorized to enter into a Price Agreement under the authority granted in ORS 530.050 and ORS 526.47.

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2.2 PROCUREMENT METHOD

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

2.3 PRE-BID CONFERENCE

A voluntary pre-Bid conference will be held for this ITB on July 22, 2022, at 8:00 AM – 2:00 PM at 3700 Mahony Road NE, St. Paul, Oregon 97137.

The purpose of this conference is to explain the ITB requirements and to answer questions. Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.

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, the ITB will include instructions on how to obtain these documents.

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.

2.5 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

• Be submitted in writing to the SPC identified on the cover page of this ITB (mail, in person or email are acceptable).

• Reference the ITB #S-62900-00003590 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

Questions by telephone are not accepted.

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 Price Agreement, must be submitted in writing to the SPC identified on the cover page of this ITB.

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

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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 # S-62900-00003590

• 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.

Protests will be received by the following methods:

• Emailed to the SPC identified on the cover page of this ITB.

• Hard copy delivered to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency shall 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, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

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

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3.2.2 Submitting Bid

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by Closing. Agency shall 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.

Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

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, electronic, facsimile 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

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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 (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 to be considered.

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 Price Agreement 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 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.

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4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Price Agreement. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

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

4.3 COST COMPARISON

Agency shall award the Price Agreement 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 Price Agreement 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 Price Agreement, Agency will award the Price Agreement 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 Price Agreement 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 Price Agreement, shall award the Price Agreement 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 Price Agreement 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 Price Agreement 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 Price Agreement 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 Price Agreement. 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 Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Price Agreement for cause.

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

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 Price Agreement under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 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 E.

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

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 14 of 47

• 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 Price Agreement. 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: PRICE AGREEMENT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final Award. The 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 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 the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating 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 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 http://www.filinginoregon.com/index.htm

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 15 of 47

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 Price Agreement Services or

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 16 of 47

ATTACHMENT A

EXHIBIT A - SAMPLE PRICE AGREEMENT

State of Oregon

Price Agreement for Services S#-62900-00003590

Cone Harvest Services provided under this Price Agreement are for the Oregon Department of Forestry’s J.E.

Schroder Seed Orchard

This Price Agreement for Services (this “Price Agreement”) is by and between the State of Oregon, acting through its Department of Forestry, (“Agency)” and ________, a [_______][doing business as _____] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Price Agreement Administrator for this Price Agreement is:

Name and Title

**Address **City, State ZIP

Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Price Agreement Administrator for this Price Agreement is:

Jessica L. Pires, Orchard Operations ODF Forest Resources Division PO Box 400 St. Paul, OR 97131 Phone: (503) 930-3517 Jessica.l.Pires@odf.oregon.gov

Either party may change its

Administrator by providing the other notice in compliance with Section 17.6 of this Price Agreement.

1. Price Agreement Term.

The “Effective Date” of this Price Agreement is the date this Price Agreement has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, the initial term of this Price Agreement is for one (1) year and may be amended for four (4) additional one (1)-year terms.

The maximum term of the Price Agreement will not exceed five (5) years. The resulting Price Agreement term of the initial Price Agreement will be valid until October 31, 2022.

The termination of this Price Agreement will not extinguish or prejudice Agency’s right to enforce this Price Agreement with respect to any default by Contractor that has not been cured.

2. Price Agreement Documents. This Price Agreement consists of the following documents, which are listed in descending order of precedence:

2.1 this Price Agreement less all exhibits.

2.2 Exhibit A (Statement of Work).

2.3 Exhibit B (Cone Harvesting Specifications)

mailto:anyname@yahoo.com mailto:Jessica.l.Pires@odf.oregon.gov

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2.4 Exhibit C (Cone Harvesting Definitions)

2.5 Exhibit D (Map of Work Areas)

2.5 Exhibit E (Insurance Requirements),

2.6 Exhibit F (Cost Bid Form)

2.7 Exhibit G (Independent Contractor Certification)

The foregoing documents and Exhibits are attached hereto and made a part of the Price Agreement by this reference.

3. Services.

3.1 Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Price Agreement.

3.2 Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3 Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15-business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Price Agreement.

4. Compensation.

4.1 Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Price Agreement, which includes any allowable expenses, is $***,***.**. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Price Agreement and will not pay for Services performed before the Effective Date or after the expiration or termination of this Price Agreement. If the

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 18 of 47 maximum compensation is increased by amendment of this Price Agreement, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4.2 Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

4.3 Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Price Agreement Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Price Agreement requires Agency to pay and for which Contractor claims reimbursement.

4.4 Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Price Agreement. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at:

http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

4.5 Funds Available and Authorized. Contractor will not be compensated for Services performed under this Price Agreement by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Price Agreement within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Price Agreement are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Price Agreement.

5. Contractor’s Personnel.

5.1 Key Persons. Contractor acknowledges and agrees that Agency selected Contractor and is entering into this Price Agreement, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Price Agreement to another Contractor employee, subcontractor, or agent without first obtaining the written consent of Agency. Further, Contractor may 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 Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. 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 Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Price Agreement, and the Statement of Work will be deemed amended to include such Key Person.

5.2 Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.

http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 19 of 47

5.3 State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.

6. Independent Contractor; Responsibility For Taxes And Withholding

6.1 Independent Contractor. Contractor shall perform all Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, 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 Services.

6.2 No Conflicts. Contractor, by signature to this Price Agreement, represents and warrants that Contractor’s performance of the Services under this Price Agreement creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Price Agreement.

6.3 Affiliation. Contractor understands and agrees that it is not an "officer," "employee," or "agent" of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.

6.4 Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Price Agreement and, unless required by applicable law, Agency will not withhold from such compensation or payments any amount to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Price Agreement, except as a self-employed individual.

7. Subcontracts, Successors, And Assignments

7.1 Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Price Agreement without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Price Agreement provisions to ensure that Agency will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor.

Agency’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Price Agreement.

7.2 Successors and Assigns. The provisions of this Price Agreement are binding upon and inure to the benefit of the parties to this Price Agreement, their respective successors, and permitted assigns, if any.

7.3 No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Price Agreement without Agency’s prior written consent.

8. Representations and Warranties.

8.1 Contractor’s General Representations and Warranties. Contractors represents and warrants to Agency that:

8.1.1 Contractor has the power and authority to enter into and perform this Price Agreement.

8.1.2 This Price Agreement, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms.

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8.1.3 Contractor shall, at all…