ITB 10188 Submersible Sewer Pumps and Controls.doc

OREGON PARKS AND RECREATION DEPARTMENT

ISSUES THIS INVITATION TO BID

FOR THE PURCHASE OF

SUBMERSIBLE SEWER PUMPS AND CONTROLS FOR

BEVERLY BEACH STATE PARK

OPRD Procurement No. 10188

ITB S-63400-00007960

TABLE OF CONTENTS

1.0

PROCUREMENT DESCRIPTION

1.1 Purpose and Scope 1.2 Specifications 1.3 Additional Information 2.0

SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule 2.4 OregonBuys Notice

2.5 Pre-Bid Meeting

2.6 Inquiries and Changes 2.7 Bid Requirements

2.8 Bid Opening

3.0

EVALUATION PROCESS

3.1 Clarification of Bids

3.2 Disqualification of Bids

3.3 Cancellation of Solicitation

3.4 Administrative Review

3.5 Specifications; Minimum Requirements 3.6 Pricing

3.7 Method of Award 3.8 Applicable Preferences 3.9 Or Equal Form 3.10 Bidder Responsibility

4.0

AWARD PROCESS

4.1 Intent to Award

4.2

RESERVED

4.3 Contract Requirements

ATTACHMENTS:

Attachment 1 Bidder Information and Certification Form

Attachment 2 Pricing Submittal Form

Attachment 3 Or Equal Form Attachment 4 Bidder Responsibility Form

Attachment 5 Sample Contract 1.0

PROCUREMENT DESCRIPTION

1.1

PURPOSE AND SCOPE

The Oregon Parks and Recreation Department (OPRD) is seeking bids for the purchase of 2 submersible sewer pumps with control panels and commissioning/start-up services for delivery to Beverly Beach State Park located at 198 NE 123rd Street, Newport, Oregon 97365.

As a result of this solicitation process, OPRD intends to award one Contract for the purchase and delivery of the 2 submersible sewer pumps and controls as described in this Solicitation Document. The form of the resulting contract and applicable general provisions are included in Attachment 5 Sample Contract Form.

Delivery of the submersible sewer pumps and controls shall be completed no later than January 1, 2024

1.2

SPECIFICATIONS

The detailed Specifications for the goods are described in Attachment 5 Sample Contract, Exhibit A Specifications.

1.3

ADDITIONAL INFORMATION

1.3.1 Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services on State property.

1.3.2 OregonBuys

1.3.2.1 Registration Requirement: All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OPRD shall not be responsible for defective registration or incorrect vendor information.

1.3.2.2 Crosswalk of Terms

1.3.2.3 ITB Attachments and Addenda. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

· Details entered in the Header Information section;

· All ITB Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections.

1.3.2.4 Obtaining ITB Documents. This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

2.0

SOLICITATION PROCESS

2.1

PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

OPRD is conducting this Procurement in accordance with ORS 279B.070 and OAR 137-047-0270, Competitive Sealed Bidding.

2.2

GENERAL DEFINITIONS

Capitalized terms in the Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), 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.

2.2.1 “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

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

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

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

2.2.5 “Contractor” means the Person with whom OPRD enters into a contract pursuant to this Invitation to Bid.

2.2.6 “Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this Solicitation Document.

2.2.7 “OPRD” means the Oregon Parks and Recreation Department.

2.2.8 “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.

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

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

2.2.11 “Solicitation Document” or “Invitation to Bid (ITB)” means this document, and all its attachments, which is issued to invite offers from prospective contractors pursuant to ORS Chapter 279B.

2.3

PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. OPRD may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys August 28, 2023 Deadline for Inquiries and Requests for Clarification) September 1, 2023 Closing/Bids Due/Opening September 8, 2023 @ 2:00 pm Notice of Intent to Award (ITA) September 8, 2023

Contract Awarded September 12, 2023 2.4

PUBLIC NOTICE

This ITB is advertised as a “Bid Solicitation” in the OregonBuys eProcurement system. Bids must be submitted through the OregonBuys system.

This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this ITB.

2.5

RESERVED

2.6

INQUIRIES AND CHANGES

2.6.1 Single Point of Contact. Bidders shall address ALL INQUIRIES related to this Solicitation to the individual identified below as the Single Point of Contact (SPC) in writing via email:

NAME:

Melody Waight, Sr. Contracts Specialist

EMAIL:

melody.waight@oprd.oregon.gov

PHONE:

503-917-1506 2.6.2 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this Solicitation Document. Any request for clarification must:

· Be submitted in writing via email to the Single Point of Contact, and

· Be received by the deadline for inquiries designated in Section 2.3 Procurement Schedule, or as changed by Addenda.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum in accordance with Section 2.6.5 below.

2.6.3

RESERVED

2.6.4 Requests for “Or Equal” Product. A prospective Bidder may submit a Bid for a brand as an “Or Equal” of the brand specified in this Solicitation Document. Any request for brand approval must:

· Be submitted on Attachment 3 – Or Equal Form,

· Be submitted with Bidders Bid response and;

· Include all relevant information concerning how the proposed brand meets or exceeds the Specifications of the brand specified in this Solicitation Document.

OPRD will review “Or Equal” information submitted and, at its sole discretion, will determine whether the requested brand is approved or not.

2.6.5 Changes to Solicitation Document. Changes to the Solicitation Document will be made only by Addenda issued by OPRD and posted on OregonBuys.

2.7

BID REQUIREMENTS

2.7.1 Bid Format Bids must be submitted on the forms and in the format required by this Solicitation Document. Any specific forms required for Bid submittal are included as attachments to this Solicitation Document.

2.7.2 Bid Content The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to the following:

A.

Bidder Information and Certification Form The Bid must contain a completed Attachment 1 Bidder Information and Certification Form including an original signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B.

Pricing The Bid must contain a completed Attachment 2 Pricing Submittal Form. All Pricing Proposals must be valid for 60 days from Closing.

C.

Or Equal Form If Bidder submits a Bid for an “Or Equal” product to the specified Flygt Submersible Sewer Pump and Controls.

2.7.3 Bid Submission Bidder must be a registered Vendor in OregonBuys.

Bidder must complete and submit the following items, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB:

· ATTACHMENT 1

Bidder Information and Certification Form

· ATTACHMENT 2

Pricing Submittal Form

· ATTACHMENT 3

Or Equal Form (only if submitting alternate product)

· ATTACHMENT 4

Bidder Responsibility Form 2.7.3.1 Acceptable Delivery and Receipt. To be considered Responsive, Bids must:

· Be submitted via the OregonBuys procurement system: https://oregonbuys.gov/bso/view/login/login.xhtml; AND

· Be received by OPRD prior to Closing/Opening.

2.7.3.2 Unacceptable Delivery and Receipt. OPRD will not accept or consider Bids that are:

· Submitted orally, via email, or by FAX,

· Received after the Closing date and time.

2.7.4 Bid Modification. A Bid submitted in response to this Invitation to Bid may be modified by the Bidder prior to Closing by (i) uploading a new Bid in OregonBuys after deleting the prior submitted Bid using the “Withdraw Quote” button, or (ii) in Writing via an email from the authorized representative stating that the modifications amend and supersede the prior Bid, be clearly marked as a modification, comply with all Bid requirements in Section 2.7, and be on Bidder’s letterhead or clearly identify Bidder. Bids may not be modified after the Bid Closing date.

2.7.5 Bid Withdrawal. If a Bidder wishes to withdraw a submitted Bid through OregonBuys, the Bidder must do so by (i) using the “Withdraw Quote” button in OregonBuys and also uploading a document prepared on Bidder’s letterhead and signed by the authorized representative confirming Withdrawal of Bid; or (ii) submitting via email a Bid withdrawal document prepared on Bidder’s letterhead and signed by the authorized representative. The Bid withdraw must be received by the SPC listed in Section 2.6.1 prior to Closing.

Bidder may also withdraw its Bid in person, prior to Closing, upon presentation of appropriate identification and satisfactory evidence of authority. Bidder must make an appointment with the SPC to withdraw the Bid in person.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification, and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by OPRD.

2.7.7 Public Records; Trade Secrets. This ITB and one copy of each Bid received in response to it will be kept by OPRD and made a part of a file or record which shall be open to public inspection. If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.345(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.355, each sheet of such information must be marked as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.338 through 192.355.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. Go to: https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

By submitting a response to this ITB, Bidder grants the State of Oregon a nonexclusive, perpetual, irrevocable, royalty free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

2.8

BID OPENING

OPRD will not hold a Public Bid Opening for this solicitation.

3.0

EVALUATION PROCESS

Bids received prior to Closing will be evaluated in accordance with the evaluation process described below and any other applicable rules and statutes, including but not limited to OAR 137-047-0270.

3.1

CLARIFICATION OF BIDS

During the evaluation process, OPRD may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.2

DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3

CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.4

ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in Section 2.7. Bids deemed nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in Section 3.5 below.

3.5

SPECIFICATIONS; MINIMUM REQUIREMENTS

Responsive Bids will be evaluated for compliance with the specifications and/or minimum requirements described in Attachment 5 Sample Contract, Exhibit A Specifications. Bids deemed nonresponsive to the Specifications will be rejected. Bids deemed Responsive to the Specifications will be further evaluated as described in Section 3.6 below.

3.6

PRICING

For all Responsive Bids, Pricing submitted in accordance with the requirements described in Section 2.7.2.B Pricing Submittals will be evaluated to determine the lowest total Bid for the selected items identified as those items to be used in award determination.

3.7

METHOD OF AWARD

Only Responsive Bids will be considered for award. Award will be based on the lowest total Bid determined in the Pricing section above.

If OPRD awards a Contract, OPRD will award the Contract in accordance with ORS 279B.070(4) and OAR 137-047-0600(4).

3.8

APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and ORS 279A.125, OPRD must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal,

(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on the Attachment 1 Bidder Information and Certification Form whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9

OR EQUAL FORM

If the apparent lowest Bidder submitted a Bid for an alternate product, OPRD will review and evaluate the technical specifications submitted with the Bid (Attachment 3 – Or Equal Form) and will determine, in its sole discretion, if the proposed alternate product is Equal to the specified Flygt pumps and controls. OPRD will reject a Bid if the proposed alternate product is determined to be not Equal.

3.10

BIDDER RESPONSIBILITY

In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Goods or Services.

4.0

AWARD PROCESS

4.1

INTENT TO AWARD

OPRD will notify all Bidders via Notice on OregonBuys of the selected Bidder. This announcement will serve as notice to all Bidders that OPRD intends to award a contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

4.2

RESERVED

4.3

CONTRACT REQUIREMENTS

4.3.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and the terms and conditions contained in this Solicitation Document.

The awarded Contract will be in the form of OPRD’s standard Purchase Order that is included as Attachment 5 Sample Contract to this Solicitation Document.

A Bidder shall not make a Bid contingent upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this ITB.

4.3.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

4.3.3 Insurance. If Bidder is self-delivering the Product, or using other than Commercial/Common Carrier, than Bidder shall provide proof of Automobile Liability Insurance as described in Attachment 5, Sample Contract.

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

ATTACHMENT 1

BIDDER INFORMATION AND CERTIFICATION FORM

Bidder Legal Name

Address

City, State, Zip

State of Incorporation

Entity Type

Contact Name

Phone

Oregon Business Registry Number (if required)

Federal Tax Identification Number*

YES

FORMCHECKBOX

NO

Email

YES*

FORMCHECKBOX

NO

FORMCHECKBOX

MBE

FORMCHECKBOX

WBE

FORMCHECKBOX

ESB

FORMCHECKBOX

DBE

FORMCHECKBOX

SDVBE

*If SSN, do not provide on this form.

**ORS 279A.120(1)(b): “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

Any individual signing below hereby certifies they are an authorized representative of Bidder and that:

1. Bidder understands and accepts the requirements of this ITB. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in ITB Attachment 5 Sample Contract and as modified by any Addenda, except for those terms and conditions that OPRD has reserved for negotiation, as identified in the ITB.

2. Bidder acknowledges receipt of any and all Addenda to this ITB.

3. Bid is a Firm Offer for 60 days following the Closing.

4. If awarded a Contract, Bidder agrees to provide the Goods identified in the Sample Contract or perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract, or both.

5. I have knowledge regarding Bidder’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Bidder is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, or national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

7. Bidder complies with ORS 652.220 and does not unlawfully discriminate against any of Bidder’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.

8. Bidder is not engaged in the provision of broadband Internet access service, or if at any time Bidder is engaged in or may engage in the provision of broadband Internet access service Bidder is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.

9. Bidder and Bidder’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

B. the government wide exclusions lists in the System for Award Management found at: https://www.sam.gov/portal/

10. Bidder certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder shall promptly notify the State in writing.

11. Bidder certifies that all contents of the Bidder (including any other forms or documentation, if required under this ITB) and this Bidder Information and Certification Form are truthful and accurate and have been prepared independently from all other bidders, and without collusion, fraud, or other dishonesty.

12. Bidder understands that any statement or representation it makes, in response to this ITB, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

13. Bidder acknowledges these certifications are in addition to any certifications required in the Contract at the time of Contract execution.

ATTACHMENT 2

PRICING SUBMITTAL FORM

Bidders shall enter pricing for all Bid Items listed in this Pricing Submittal Form. If this Pricing Submittal Form is replaced by Addenda then Bidders shall use the Addenda forms to provide pricing and other required information. If the Pricing Submittal Form is only modified by Addenda, then Offerors shall follow the instructions in the Addenda for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form or subsequent Addenda may result in Bid rejection as nonresponsive.

The undersigned has carefully examined the Contract Documents and agrees to deliver the Submersible Sewer Pumps and Controls as specified in accordance with the Contract Documents.

See Attachment 5 Sample Contract, Exhibit A Specifications for additional description of Bid Items.

Bid Items:

Estimated Delivery Date: ___ _______ (Shall not be later than January1, 2024)

* Delivery and off-loading location: Beverly Beach State Park, 198 NE 123rd Street, Newport, Oregon 97365.

NOTE: Bid price is total contract price including Contractor’s profit and overhead. The quantities listed in the Bid Pricing are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. OPRD reserves the right to adjust quantities or delete items as needed.

Bidder Entity or Bidder:

Bid Submitted by:

The authorized individual submitting the bid on behalf of the bidding entity

ATTACHMENT 3

OR EQUAL FORM

We hereby submit for your consideration the following product(s) instead of the specified item(s) Described in the Detailed Technical Specifications, Exhibit A of Attachment 5.

Include complete information and detailed specifications for all items proposed as “Equal”. Please also provide scale drawing(s) of the proposed substitute item(s). Use additional sheets if necessary.

Proposed Substitution(s):

Respond to the following:

A.

Does the substitution affect dimensions shown in the Detailed Specifications? Yes____No____ If yes, clearly indicate changes.

B.

What effect does substitution have on the design, durability and usability?

C.

Manufacturer's guarantees/warranty of the proposed and specified items are:

______ Same

_______ Different (explain)

The undersigned certifies that the function, appearance and quality are equivalent or superior to the specified item(s).

Submitted by:

Signature_____________________________________Title_________________________________________

Company_____________________________________By__________________________________________

Printed Name

Telephone______________________________ Email_____________ _______________________________

ATTACHMENT 4

BIDDER RESPONSIBILITY FORM

OPRD will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, OPRD may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES .

/ NO

2. Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

· obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

· violation of federal or state antitrust statutes relating to the submission of bids, or

· embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES .

/ NO

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three years, has Bidder had:

· any contracts terminated for default by any government agency, or

· any lawsuits filed against it by creditors or involving contract disputes? YES .

/ NO

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Does Bidder have any outstanding or pending judgments against it? YES .

/ NO

Is Bidder experiencing financial distress or having difficulty securing financing? YES .

/ NO

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES

/ NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

6. Within the last three years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES .

/ NO

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES .

/NO

If "NO," please explain.

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of his or her knowledge and believes the responses provided on this form are complete, accurate, and not misleading.

Bidder Name:

ITB:

Authorized Signature

Date

Print Name

Title ITB 1010118 Submersible Sewer Pumps and Controls Page of 11