ITB 12358 Sunset Bay Firewood - Updated 121224.pdf

OPRD PROCUREMENT No. 12358

OPRD 12358 Firewood Deliveries Page 1 of 34

OREGON PARKS AND RECREATION DEPARTMENT

INVITATION TO BID

Firewood Deliveries for the

Sunset Bay State Park

OPRD Procurement No. 12358

OregonBuys Opportunity No. S-63400-00012254

OPRD 12358 Firewood Deliveries Page 2 of 34

TABLE OF CONTENTS

1.0 PROCUREMENT DESCRIPTION

1.1 Purpose

1.2 Scope of Services

1.3 Additional Information

2.0 SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule

2.4 Public 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 Minimum Requirements

3.6 Pricing

3.7 Method of Award

3.8 Applicable Preferences

3.9 Bidder References

3.10 Bidder Responsibility

4.0 AWARD PROCESS

4.1 Intent to Award

4.2 Conditions of Award

4.3 Contract Requirements

ATTACHMENTS:

Attachment 1 Contractual Acceptance Form

Attachment 2 Pricing Proposal Form

Attachment 2 Bidder Responsibility Form

Attachment 4 Sample Contract

Exhibit A: Contract Terms

Exhibit B: Pricing and Rates

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1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is issuing this Invitation to Bid (ITB) to establish a Contract for bundled firewood, delivered to locations within the Sunset Bay State Park.

As a result of this solicitation process, OPRD intends to award one Contract for the goods and services described in this Solicitation Document. The form of the resulting Contract and applicable general provisions are included in Attachment 3 (Sample Contract Form).

The anticipated term of the awarded Contract is expected to be five (5) years, with possible extensions via amendment.

1.2 SCOPE OF SERVICES

The general scope of services is described in Attachment 3 (Sample Contract Form) Exhibit A (Statement of Services).

The final statement of work will be negotiated with the selected Contractor and set forth in Exhibit A of the Contract.

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

Terms used in OregonBuys

Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

OPRD 12358 Firewood Deliveries Page 4 of 34 by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137- 046-0110(21) will immediately occur.

Bid Solicitation

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

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement;

price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.;

purchase order; or work order contract.

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

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

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; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

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.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/

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OPRD is conducting this Procurement in accordance with OAR 137-047-0270, Intermediate Procurements.

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………………………..December 6, 2024 at 2:00 pm PST.

Deadline for Inquiries and Requests for Clarification………December 13, 2024 @ 2:00 pm PST.

Closing/Bids Due/Opening………………………………..…………….December 23, 2024 @ 2:00 pm PST.

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Contract Awarded…………………………………………………………….~December 30, 2024.

2.4 PUBLIC NOTICE

This Solicitation Document, including all Addendums and Attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Bidders.

2.5 PRE-BID MEETING

There is no pre-bid meeting scheduled for this solicitation.

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 by any of the following methods:

NAME: Dee E. Brausch, Procurement and Contract Specialist EMAIL: dee.e.brausch@oprd.oregon.gov

PHONE: 971-720-0408

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 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 2.6.4 below.

2.6.3 RESERVED

2.6.4 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. Contractual Acceptance Form

The Bid must contain a completed Contractual Acceptance Form (Attachment 1) 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 mailto:dee.e.brausch@oprd.oregon.gov

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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. Bid Pricing Form

The Bid must contain a completed Bid Pricing Form (Attachment 2). All Pricing Proposals must be valid for 30 days from Closing.

C. Minimum Requirements

The Bid must comply with all of the required firewood specifications as described in the Sample Contract (Attachment 3).

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 Contractual Acceptance Form

• ATTACHMENT 2 Pricing Proposal Form

• ATTACHMENT 3 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, by email, or by FAX,

• Received after the Closing date and time.

2.7.4 Bid Modification. Any Bidder that wishes to make modifications to a Bid already submitted in OregonBuys, shall submit its modification before the Bid Opening Date and time specified in OregonBuys for this ITB. Bidder must note the specific change(s) to the Bid submission. Modifications made after Bid submission must be uploaded to OregonBuys after deleting prior submittal items, using the “Withdraw Quote” button.

2.7.5 Bid Withdrawal. If a Bidder wishes to withdraw a submitted Bid, Bidder shall do so prior to Opening Date and time specified in OregonBuys for this ITB. Bidder also must use the “Withdraw Quote” button in OregonBuys to withdraw the Bid.

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 Solicitation Document and one copy of each original Bid received in response to it will be kept by OPRD and made a part of a file or record which will be open to public inspection. If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.501(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS

192.410 through 192.505, each sheet of such information must be marked as follows:

https://oregonbuys.gov/bso/view/login/login.xhtml

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“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 192.410 through 192.505.”

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 non-exclusive, 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. Bids and all required submittal items must be received by the Single Point of Contact in OregonBuys on or before the Bid Opening. Bids received after Opening will be considered LATE and will NOT be accepted for evaluation.

There will be no public Bid Opening. Bids will be opened at the Closing date and time specified in section 2.3 Procurement Schedule or as changed by Addendum. Bids received will not be available for inspection until after the evaluation has been completed and the Notice Award is issued. However, OPRD will record and make available the identity of all Bidders after Opening.

3.0 EVALUATION PROCESS

Bids received prior to Closing will be evaluated in accordance with the evaluation process described below, OAR 137-047-0270, and any other applicable rules and statutes.

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 https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

OPRD 12358 Firewood Deliveries Page 9 of 34 nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in section 3.5 below.

3.5 RESERVED

3.6 PRICING

For all Responsive Bids, Pricing submitted in accordance with the requirements described in section 2.7.2.B Pricing Proposals 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. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Bidder whose Bid will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility.

3.8 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 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 Contractual Acceptance Form (Attachment 2) whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9 BIDDER REFERENCES

OPRD may contact any or all of the references provided by Bidder in response to section 2.7.2.D to verify Bidder’s qualifications, abilities, and experience. OPRD reserves the right to reject a Bidder if the references fail to support Bidder’s ability to provide the Goods or Services described in this Solicitation Document.

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

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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 selected Bidder will be asked to sign a Contract, substantially in the form that is included as Attachment 3 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 Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in section 2.6 of this Solicitation Document.

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. Prior to execution of the Contract, the selected Bidder shall provide to OPRD certificates and additional insured endorsements of the insurance coverages identified in Attachment 3 (Sample Contract Form) Exhibit B (Insurance Requirements) or as otherwise specified in this Solicitation Document.

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ATTACHMENT 1

CONTRACTUAL ACCEPTANCE

BIDDER SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH BID

BIDDER’S LEGAL NAME (BUSINESS): (TAX FILING) ________________________________________________

BIDDER’S MAILING ADDRESS: ________________________________________________________________

BIDDER’S BUSINESS DESIGNATION: (CHECK ONE)

Partnership Limited Partnership Limited Liability Partnership

Corporation Professional Corporation Limited Liability Company

Sole Proprietorship Other: ____________________________________________

BIDDER’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________

Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. State may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.

BIDDER’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________

(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)

Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.

BIDDER IS A RESIDENT BIDDER: YES NO

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.

BIDDER IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)

Minority Business Enterprise (MBE) Emerging Small Business (ESB)

Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE)

Go to http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business- Certification/ for information on the OMWESB certification program.

BIDDER’S CONTACT INFORMATION:

AUTHORIZED REPRESENTATIVE TITLE

PHONE FAX EMAIL

THE INDIVIDUAL SIGNING ON BEHALF OF BIDDER HEREBY ACKNOWLEDGES AND CERTIFIES THAT:

• He/she is authorized to act on behalf of Bidder, http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business-Certification/ http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business-Certification/

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• The supplied Bidder data is true and accurate,

• To the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws, For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS

320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. [ORS 305.380(4)]

• Bidder has completely read and understands the provisions of the Solicitation, including any Addenda issued,

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty,

• Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract,

• Bidder accepts and agrees to be bound by all the terms and conditions of the Contract awarded,

• Bidder agrees to provide all Goods and Services required to be provided under the Contract,

• Bidder has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’S objectives, and

• By submitting a response to this Solicitation, Bidder grants the State of Oregon a non-exclusive, 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.

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE DATE

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ATTACHMENT 2

PRICING PROPOSAL FORM

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

The undersigned has carefully examined the Contract Documents and agrees to furnish all necessary labor, equipment, accessories, materials, permits, and perform all Work shown and specified in accordance with the Contract for the price(s) set below. All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work and Services at no additional cost to OPRD.

Bidders shall provide pricing for the items listed below.

Item No.

Goods Description and Related Services

Unit

Price per Unit

Extended

Price

1. Bundled Firewood

(as described in Exhibit A of the Sample Contract)

Per Delivery of 660 bundles each

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. Payment will be made based on actual, measured quantities (See Contract Section 4.1 regarding Compensation and Amendments).

Bidder (Insert the name of the bidding entity):

Bid submitted by (The authorized individual submitting the bid on behalf of the bidding entity):

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ATTACHMENT 3

BIDDER RESPONSIBILITY

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 .

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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: 12358 Firewood Deliveries for Sunset Bay State Park.

Authorized Signature Date

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ATTACHMENT 4

SAMPLE CONTRACT

OREGON PARKS AND RECREATIONS

CONTRACT FOR GOODS AND RELATED SERVICES

OPRD #12358

Firewood Deliveries for Sunset Bay State Park

This Contract for Goods and related Services (“Contract”) is between the State of Oregon, acting by and through its Oregon Parks and Recreation Department (“Agency or OPRD”) and ____________________________________ (“Contractor”) and is effective on the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Contract Administrator Name and Title **Address **City, State ZIP Phone: (xxx) xxx-xxxx anyname@yahoo.com

Agency’s Contract Administrator for this Contract is:

John Doe, Park Manager Sunset Bay State Park Address City, State, Zip Phone: (541) 555-5555 Email: anyone@oprd.oregon.gov

Agency or Contractor may change its Contract Administrator by providing the other notice in compliance with Section

18.9 of this Contract.

1. Contract Term. The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on December 31, 2029. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

Agency may request extensions of this Contract for additional terms upon 60 Calendar Days prior notice to Contractor. If agreed, the parties will amend the Contract as set forth in Section 18.13.

2. Contract Documents and Definitions. This Contract consists of the following documents, which are listed in the order of precedence.

1) this Contract less all exhibits;

2) Exhibit A, Description of Goods and Related Services;

3) Exhibit B (Rates and Discounts)

4) Exhibit C (Insurance)

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

Definitions. For the purposes of this Contract, the following terms have the following definitions:

“Business Days” means Monday through Friday, 8:00 am to 5:00 pm Pacific Time, excluding State of Oregon holidays.

“Calendar Days” means contiguous days.

“Goods” means all the goods, supplies, and materials described on Exhibit A attached hereto.

mailto:anyname@yahoo.com mailto:anyname@oregon.gov mailto:anyone@oprd.oregon.gov

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“Services” means the warranty, maintenance and support services associated with the purchase of the Goods, including:

installation and training as more fully described in Exhibit A.

3. Delivery and Acceptance; Title.

3.1. Agency shall purchase from Contractor and Contractor shall sell to Agency certain Goods and related Services, as more particularly described in Exhibit A. Contractor shall deliver the Goods F.O.B. to Agency’s location listed in Exhibit A, Section 1.4 with all transportation and handling charges paid by Contractor. Contractor shall deliver the Goods as agreed by Contractor and Agency.

3.2. Contractor accepts the risk, responsibility and liability for loss or damage to the Goods. This risk shall remain with Contractor until acceptance of the Goods by Agency in accordance with the acceptance procedures described in Section

3.5 below. However, during the period between delivery of the Goods to Agency and prior to Agency’s acceptance, Contractor shall not be responsible for loss or damage that results from Agency’s use of the Goods with a product that is not authorized by Contractor, Agency’s misuse or unauthorized modification of the Goods, improper maintenance of the Goods by Agency, or Agency’s storage or operation of the Goods in a physical or operating environment that Contractor has advised Agency is unsuitable for the Goods.

3.3. Contractor shall deliver Goods as described in Exhibit A and shall provide any component or part necessary for proper installation and operation even though that item is not specifically described in the exhibit or in any specifications.

3.4. Acceptance.

3.4.1. Agency shall commence acceptance testing on the first day following notification by Agency to the Contractor that all Goods Contractor is required to provide under this Contract have been received and installed and tested as required by this Contract. Unless otherwise agreed, Agency shall have a 30 Calendar Day period ("Acceptance Test Period") to test the functionality of the Goods to determine whether they perform in accordance with the requirements of this Contract and in accordance with the manufacturer’s official published specifications.

3.4.2. Upon completion of Acceptance Test Period, Agency shall promptly notify Contractor in writing regarding whether the Goods have passed or failed the acceptance test. If the Goods pass the acceptance test, then such notice shall be deemed “Final Acceptance.” If the Goods fail the acceptance test, written notice shall be given and include the specific reason(s) for the failures.

3.4.3. In the event the Goods fail the acceptance test, Agency, at its sole option, may return the Goods to Contractor and Contractor shall provide a full refund including any shipping and handling charges, or with the consent of the Contractor. Agency may allow Contractor a set period of time in which to modify or repair the Goods, at no additional cost to Agency, to make the Goods conform to the requirements of this Contract and the manufacturer’s published specifications ("Modified to Conform"). If the Goods are modified to conform, upon completion of the modification(s), Agency shall recommence acceptance testing pursuant to the terms and conditions of this provision.

3.4.4. Unless otherwise agreed, Contractor’s performance of Services is accepted upon Contractor’s complete performance of the Services and Agency’s approval of the Services.

4. Compensation.

4.1. Invoices. Upon Final Acceptance of the Goods, Contractor shall submit invoices to Agency’s Contract Administrator, no more frequently than once per month for accepted Goods and Services. The invoices must describe all Goods and Services delivered or performed and explain all expenses that this Contractor requires Agency to pay.

4.2. Payments. Agency shall pay Contractor the amounts set forth in Exhibit A, subject to the Rates and Discounts set forth in Exhibit B, for delivery of the Goods provided by Contractor. The purchase price shall be paid to Contractor within 30 Calendar Days following the date of Final Acceptance of the Goods or Services or the date the invoice is received, whichever is later. After 45 Calendar Days, Contractor may assess overdue account charges up to a maximum rate of two-thirds of one percent per month (8% per annum) on the outstanding balance. All payments are subject to ORS 293.462.

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4.3. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor except as authorized in this Contract.

4.4. Funds Available and Authorized. Contractor will not be compensated under this Contract 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 Contract within Agency’s biennial appropriation or limitation.

Contractor understands and agrees that Agency’s payments under this Contract 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 Contract.

5. Representations and Warranties. Contractor hereby represents and warrants to Agency:

5.1. General Warranties. Contractor represents and warrants to Agency that:

5.1.1. Contractor has the power and authority to enter into and perform this Contract; and

5.1.2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms; and

5.1.3. Contractor shall perform the installation, training and maintenance services set forth in this Contract in accordance with the highest professional standards prevailing in Contractor’s profession and in compliance with the requirements of this Contract; and

5.1.4. Contractor owns or has the right to sell the Goods that are the subject of this Contract; and

5.1.5. Contractor shall, at all times during the term of this Contract, be qualified and competent, and shall maintain in effect any necessary licenses related to its performance under this Contract; and

5.1.6. For a period of no fewer than six calendar years preceding the Effective Date, Contractor (to the best of Contractor’s knowledge, after due inquiry), has faithfully complied with:

• All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

• Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

• Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

• Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

5.1.7. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract.

5.2. Warranties. Contractor hereby warrants to Agency that the Goods shall be free and clear of any liens or encumbrances and shall be new and unused (and, if applicable, the current model) and shall carry full manufacturer warranties, and shall be delivered with complete documentation. Contractor warrants that all Goods delivered to Agency shall be free from defects in labor, material and manufacture, shall be in compliance with the specifications set out in this Contract, and shall be suitable for the operating environment in which it is installed. Contractor shall furnish the details of both Contractor's and manufacturer's warranties on materials and workmanship.

5.3. RESERVED

5.4. Warranties are Cumulative. Contractor’s warranties provided in this Section 7 are in addition to and not in lieu of any other warranties provided elsewhere in the Contract. All warranties provided for in this Contract shall be cumulative, OPRD 12358 Firewood Deliveries Page 19 of 34 shall be deemed consistent and not in conflict, are intended to be given full force and effect and to be interpreted expansively to give the broadest warranty protection to Agency.

6. Independent Contractor Certification; Responsibility For Taxes And Withholding

6.1. Independent Contractor. Contractor hereby certifies that it is an independent contractor and it shall provide all Goods and perform all related Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Goods and Services and (ii) to evaluate the quality of the Goods and 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 the provision of the Goods or its performance under this Contract.

6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance under this Contract 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 provision of the Goods or otherwise performing under this Contract.

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 Contract and, unless required by applicable law, Agency will not withhold from such 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 Contract, except as a self-employed individual.

7. Warranty;

7.1. Warranty. Contractor hereby assigns to Agency, and Agency shall have the benefits of, any and all manufacturers' or Contractors' warranties, representations, indemnities and service agreements for the Goods to the extent assignable by Contractor, and to the extent such warranties, representations, indemnities and service agreements are not assignable by Contractor, Contractor agrees that State or Agency may assert or enforce in its own name or in the name of Contractor any right Contractor may have to enforce such warranties, representations, indemnities and service agreements.

8. Confidential Information.

8.1. Confidential Information. Contractor acknowledges that it and its employees, officers, directors, agents or subcontractors may, in the course of performing under this Contract, be exposed to or acquire information that is confidential to Agency or Agency’s clients. Any and all information of any form (including but not limited to records, files, papers, materials, documents, and communications in written, verbal, oral and electronic form) that Contractor may come into contact with or that is obtained by Contractor in the performance of this Contract is confidential information of Agency (“Confidential Information”). Contractor shall and shall cause its employees and subcontractors or agents to treat any reports or other documents or items (including software) that result from the use of the Confidential Information in the same manner as the Confidential Information. Confidential Information does not include information that (i) is or becomes (other than by disclosure by Contractor acquiring such information) publicly known or is contained in a publicly available document except to the extent applicable law still restricts disclosure; (ii) is furnished by Agency to others without restrictions similar to those imposed by this Contract; (iii) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract; (iv) is obtained from a source other than Agency without the obligation of confidentiality, (v) is disclosed with the written consent of Agency, or; (vi) is independently developed by Contractor and can be shown to have had no access to the Confidential Information.

8.2. Non-Disclosure. Contractor shall hold, and shall cause its employees, subcontractors and agents to hold, all Confidential Information in confidence, using the highest standard of care applicable, and shall not copy, reproduce, sell, assign, license, market, transfer, distribute, or otherwise dispose of, give, make available or disclose, in whole or in part, directly or indirectly, Confidential Information to third parties (other than its authorized subcontractors), or use

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Confidential Information for any purposes whatsoever other than the performance under this Contract to Agency hereunder, and shall advise its employees, subcontractors and agents of their obligations to keep Confidential Information confidential. Contractor shall assist Agency in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Agency immediately in the event Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Contract, and Contractor will at its expense cooperate with Agency in seeking injunctive or other equitable relief in the name of Agency or Contractor against any such person.

Contractor shall not at any time during or after the term of this Contract, except as directed by Agency, disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Contract. Upon expiration or termination of this Contract or at Agency’s request, Contractor shall deliver to Agency all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing and unless otherwise specified in this Contract, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of performance of the Services.

8.3. Confidentiality Policies. Contractor shall, upon Agency’s request, provide its policies and procedures for safeguarding Confidential Information to Agency for Agency’s review and consent. Such policies must address information conveyed in oral, written, and electronic format and include procedures for how Contractor will respond when a violation or possible violation occurs.

8.4. Injunctive Relief. Contractor acknowledges that breach of this Section 10, including disclosure of any Confidential Information, may cause irreparable injury to Agency that is inadequately compensable in damages. Accordingly, Agency may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Agency and are reasonable in scope and content.

8.5. Publicity. Contractor agrees that it will not disclose the form, content or existence of this Contract in any advertising, press releases or other materials distributed to prospective customers, or otherwise attempt to obtain publicity from its association with Agency or the State of Oregon, whether or not such disclosure, publicity or association implies an endorsement by Agency or the State of Oregon of Contractor’s services, without the prior written consent of Agency.

9. Indemnification by Contractor.

9.1. Claims. Contractor shall defend, save, hold harmless, and indemnify the State of Oregon and Agency and their officers, employees and agents from and against all third party claims, suits, actions, losses, damages, liabilities, statutory penalties, costs (including attorneys’ fees) and…