ITB 1340 Final DOJ Approved.doc

State of Oregon

INVITATION TO BID (ITB)

Oregon Department of Forestry

ITB #1340

9-Person Crew Carriers Bid Due Date: January 5th 2:00 PM (Pacific)

SINGLE POINT OF CONTACT:

There will be only one, single point of contact during the procurement process. This includes the solicitation process, change, clarification, and protests; the award process; and any other questions that may arise. The single point of contact for this ITB is:

Richard Arnaz, Contract Officer Oregon Department of Forestry - Bldg C 2600 State Street, Salem, OR 97301 Phone: 503 945-7234

Email: Richard.arnaz@oregon.gov

TABLE OF CONTENTS

SECTION A –

SCHEDULE OF EVENTS

SECTION B –

GENERAL INFORMATION

SECTION C –

sOLICITATION PROCESS

SECTION D –

INSTRUCTION TO BIDDERS

SECTION E –

eVALUATION CRITERIA

Section F –

RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

Section G – Recycled Products

Section H – Residency information

SECTION I –

BIDDER SIGNATURE AND CERTIFICATION

SECTION J –

PRICING

Attachment A – SAMPLE Contract

Exhibit A to Attachment A –Specifications

EXHIBIT B TO ATTACHMENT A - COMPENSATION

EXHIBIT C TO ATTACHMENT A – iNSURANCE REQUIREMENTS

SECTION A – SCHEDULE OF EVENTS

Questions and Clarifications Due----------------------------------------------------------------12/16/2021 2:00 PM PST

Answers to Questions and Clarifications Due (approximate) -------------------------------12/21/2021

ITB Protests Period Ends--------------------------------------------------------------------------12/16/2021 2:00 PM PST

Closing (Due Date and time to submit Bids)---------------------------------------------------01/05/2022 2:00 PM PST

Opening of Bids-------------------------------------------------------------------------------------01/05/2022 2:00 PM PST

Notice of Intent to Award (approximate)-------------------------------------------------------01/10/2022

Notice of Intent to Award Protest Ends ------------------------- 7 calendar days after the Intent to Award notice

Contract/Price Agreement Execution (approximate)-------------------------------------------01/18/2022

SECTION B – GENERAL INFORMATION

B.1. Overview.

B.1.1 SUMMARY:

The purpose of this ITB is to establish a Contract to allow the Oregon Department of Forestry (ODF) to purchase from the lowest responsive and responsible Bidder five custom constructed, delivered, and installed 9-person crew carriers for the South Fork Camp to be mounted on 2021 Ford F-550 Chassis owned and provided by ODF for use in fire protection.

B.2 ITB DEFINITIONS: For the purposes of this ITB, the following definitions apply used:

B.2.1 “Addendum" or "Addenda" means an addition or deletion of, a material change in, or clarification of, the ITB. Addendum or Addenda shall be labeled as such, issued by ODF, and shall be made available to all interested Bidders as set forth in this ITB.

B.2.2 “Agency” means ODF.

B.2.3 “Bid" means a response to this ITB.

B.2.4 “Bidder" or “Offeror” means a Person who submits a Bid in response to this ITB.

B.2.5 “Closing" means the date and time on or before all Offers must be submitted.

B.2.6 “Contract" means the signed agreement that results from this IBD.

B.2.7 “Field Administrator” means an individual identified by ODF to act as an agency Representative for all Contract administration issues for this Contract.

B.2.8 "Invitation to Bid" or "ITB" is defined in OAR 125-246-0110 and means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.2.9 “ODF” means the State of Oregon acting by and through its Department of Forestry, the “Agency”.

B.2.10 “Offer" means Bid.

B.2.11 “Opening" means the date and time for the opening of written sealed Offers.

B.2.12 “OregonBuys” means the web-based eProcurement system administered by the State Procurement Office.

B.2.13 “Specification” means the description of the any goods required by this ITB and resulting Contract.

B.2.16 “State" means the State of Oregon.

All other terms as defined in Oregon Administrative Rule (OAR) 125-246-0110 are incorporated herein. To the extent the definitions in OAR 125-246-0110 conflict with the definitions provided in this section B.2, the definitions in this section apply.

IMPORTANT INFORMATION: Bidders are responsible for examining work localities and all terms of this ITB. No consideration will be given to any claim resulting from bidding without comprehending all instructions, specifications, or work conditions.

B.3 SINGLE POINT OF CONTACT: All questions concerning the procurement process, requests for brand approval, change, clarification, and protests, the award process, and any other questions that may arise must be directed to the person identified on the cover sheet of this ITB as the single point of contact.

B.4 SUBSTANTIAL COMPLIANCE REQUIRED: The Agency will not consider Offers not in substantial compliance with ITB requirements, and Bidders cannot supplement such Offers by delivering submissions after Closing. However, The Agency may waive minor informalities and irregularities, and may seek clarification from Bidders of any response that, in its sole discretion, it deems necessary or advisable.

B.5 OregonBuys:

B.5.1 OregonBuys SYSTEM REGISTRATION INFORMATION: Bidders are responsible for ensuring that their registration information is current and correct. The Agency accepts no responsibility for missing or incorrect information contained in the bidder’s registration information in the OregonBuys System.

B.5.2 ITBs, ADDENDA AND ATTACHMENTS: This ITB, including all Addenda and all attachments, is posted on OregonBuys as part of the solicitation document and will not be mailed to prospective Bidders. The Agency is not responsible for sending Addendum to any potential Bidders, whether requested or not. Bidders should consult OregonBuys regularly until Closing Date and Time to avoid missing any Addendum.

SECTION C – sOLICITATION PROCESS

C.1 PROCUREMENT AUTHORITY: The Agency is conducting this bid pursuant to DAS Delegation Agreement 740-13, as amended. The Agency is conducting this Procurement in accordance with OAR 125-247-0255, Competitive Sealed Bidding.

C.2 REJECTION OF OFFERS: The Agency reserves the right to reject any or all Offers in-whole or in-part, and reserves the right to cancel this ITB at any time when the rejection or cancellation is in the best interest of the State as determined by the Agency. The Agency is not liable to any Bidder for any loss or expense caused by or resulting from the rejection or cancellation of this solicitation or award. All Bids will become a part of the public file without obligation by the Agency except as required by administrative rule or statute.

SECTION D – INSTRUCTION TO BIDDERS

D.1 BIDS ARE FIRM OFFERS: Bids are firm offers, meaning they remain open and cannot be withdrawn, modified, or changed in any way for a period of 180 calendar days from Closing. Even though Bids are firm offers, Bids may be withdrawn or modified before Closing in accordance with the process laid out in D.7.

D.1.1 OFFER SUBMISSION ADDRESS AND CLOSING: Offers must be received by the State of Oregon, Department of Forestry, 2600 State Street, Salem, Oregon 97310 prior to Closing. Offers will not be accepted after Closing as stated on page one (1) of this ITB or as may be extended by any subsequently issued Addenda. Failure to comply with this requirement will result in rejection of the Offer as non-responsive.

D.2 METHOD OF BIDDING: Bidders shall submit the total price as listed in Section J of this ITB.

Bidders must submit all pricing information as requested in the ITB or the Bid may be rejected.

Bidder shall bid in US Dollars, NO MORE THAN TWO (2) DIGITS TO THE RIGHT of the decimal point.

D.3 BID SUBMISSION REQUIREMENTS: The information listed below shall be included in the Bid submission, and shall be SIGNED BY BIDDER’S AUTHORIZED REPRESENTATIVE. Any bid that fails to follow one of the procedures below or that takes exception to the Specifications or contractual terms of the ITB may be deemed non-responsive and their bid may be rejected.

COVER SHEET OF THE ITB DOCUMENT

Section F –

RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

Section H – Residency information

SECTION I –

BIDDER SIGNATURE AND CERTIFICATION

SECTION J –

PRICING

D.3.1 BID SUBMISSION: Bidders shall submit their bids by mail as provided in this section. All Bids must be complete in all respects, including necessary signatures, certifications, documentation, responses on pricing and Specifications pages, and any other required information. All necessary attachments (residency statement, references, and other documents) must be submitted with the Bid in the required format. Electronic, late, or faxed Bids will not be accepted. Bidders shall submit a total of one copy of the Bid. THE COPY SUBMITTED BY BIDDER MUST BEAR AN ORIGINAL SIGNATURE IN INK.

Bidders shall submit Bids in a sealed package or envelope. To ensure proper identification and handling, Bidders must clearly mark Bid packages or envelopes as follows:

ITB Number Closing Date

Closing Time

Mail Deliveries To:

OREGON DEPT. OF FORESTRY PROCUREMENT

Attn: Richard Arnaz, Building C, 2600 State Street, Salem, Oregon 97310 Note: In an effort to help slow the spread of COVID-19 in Oregon and protect employees and the public, the Oregon Department of Forestry (ODF) has changed the way it provides services at its main office located at 2600 State Street, Salem, effective March 23, 2020. Offices will remain open and can be reached by phone during regular business hours, but in-person interactions between staff and the public will be by appointment only. In support of this effort, ODF requires the submission of mailed bids for this solicitation; however, if this is not possible, Bidder shall make other arrangements for bid delivery with the Single Point of Contact at least 72 hours before Bid Closing.

The Bidder agrees that the Agency is not to be responsible for the proper handling of any Bid that is not properly identified, marked, and submitted in a timely manner.

D.4 BID FORMAT:

D.4.1 SIGNATURE REQUIRED; BIDDER AFFIRMATIONS: All Bid documents requiring signature must be signed in ink by an authorized representative of the Bidder. Bidder is required to sign Section I of the ITB.

D.4.2 IN WRITING: Bidders must prepare all Bids including pricing information by word processor, typewriter, or in ink. The Agency will not accept oral or telephone bids.

D.4.3 FORMS TO BE USED: Bidders must submit all required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by the Agency shall be formatted in the manner called for in the ITB and submitted on Bidder's letterhead.

D.5 METHODS OF SEEKING CLARIFICATIONS AND MODIFICATIONS TO ITB PROVISIONS:

D.5.1 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS: Bidders may seek modifications to provisions of this ITB through (a) requests for clarification; (b) requests for changes to contractual terms or Specifications; or (c) protest of contractual terms or Specifications.

The Agency must receive the request by the time and date specified in Section A, Schedule of Events. Unless this specific deadline is extended by Addendum, the Agency will not consider requests for clarification, requests for change, or protests pertaining to provisions contained in the originally-issued ITB after the date specified herein.

D.5.2 REQUEST FOR CLARIFICATION: Any Bidder needing clarification of any provision of this ITB may make a request for clarification in writing, to the contact point listed on the first page of this ITB "SINGLE POINT OF CONTACT." To be considered, The Agency must receive the request for clarification by the deadline specified in Section A, Schedule of Events.

D.5.3 REQUEST FOR CHANGES TO CONTRACT TERMS OR SPECIFICATIONS: Any Bidder may submit a request for changes to the Contract contractual terms or Specifications, in writing, to the contact point listed in on the first page of this ITB "SINGLE POINT OF CONTACT". To be considered, THE AGENCY must receive the request for changes by the deadline specified in Section A, Schedule of Events. Bidder must include in the request the reason for requested changes, supported by any factual documentation, and any proposed changes.

D.5.4 PROTEST OF CONTRACTUAL TERMS OR SPECIFICATIONS: Any Bidder who believes that any Contract term(s) or Specification(s) are unnecessarily restrictive or limit competition may submit a protest, in writing, to the contact point listed on the first page of this ITB "SINGLE POINT OF CONTACT." To be considered, the Agency must receive the protest by the deadline specified in Section A, Schedule of Events. Bidder must include in the protest the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes to the Contract terms or Specifications.

D.5.5 RESPONSE TO REQUESTS FOR CLARIFICATION: CLARIFICATIONS, WHETHER VERBAL, IN WRITING, OR INCLUDED IN AN ADDENDUM AS A "CLARIFICATION," DO NOT CHANGE SPECIFICATIONS, CONTRACTUAL TERMS, OR PROCUREMENT REQUIREMENTS OF AN ITB. IF A REQUEST FOR CLARIFICATION RAISES AN ISSUE THAT THE AGENCY DETERMINES SHOULD BE CHANGED, THE AGENCY SHALL AMEND THE ITB, AND ANNOUNCE SUCH A CHANGE IN AN ADDENDUM.

D.5.6 RESPONSE TO REQUESTS FOR CHANGE AND PROTESTS: The Agency will promptly respond to each properly-submitted request for change or protest. Where appropriate, The Agency will issue ITB revisions via Addenda posted on OregonBuys. The Agency may also informally respond to Bidder questions. An informal response is any response that is not an ITB revision via an Addenda posted on OREGONBUYS. HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. SPECIFICATIONS, AND CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA FORMAL ADDENDA ISSUED BY THE AGENCY AND POSTED ON OREGONBUYS.

D.6 PROCESS FOR OFFER MODIFICATION: The person signing the Offer must initial in ink each individual alteration and erasure made before Offer submission. Bidders may, in writing, modify submitted Offers before Closing. Bidder shall prepare modifications on Bidder's letterhead. Each Offer modification document must be signed by an authorized representative and must state that the modifications amend and supersede the identified portions of the Offer. The Agency may reject any Offer that fails to comply with the provisions of this paragraph or OAR 137-047-0440.

D.6.1 PLACE TO SUBMIT OFFER MODIFICATION:

Bidders must submit modifications to the single point of contact in a sealed envelope marked as follows:

Bid Modification

ITB Number: 1340 Bid Closing Date and Time: ________.

D.6.2 Bidders may not modify Offers after Closing. All Bids become are firm offers and cannot be modified by Bidder in any way after Closing.

D.7 OFFER WITHDRAWALS:

D.7.1 IN WRITING. Bidders may withdraw Offers before Closing in writing. Offer withdrawals in writing must be submitted on Bidder's letterhead, signed by an authorized representative, and received by the Agency’s single point of contact prior to Closing. Offer withdrawals must be labeled as such and contain the ITB number.

D.8 JOINT VENTURES OR PARTNERSHIPS: When a Bidder is a partnership or joint venture, Bidder shall supply, with Offer submission, the name of the contact person for the partnership or joint venture. Prior to award, joint ventures and partnerships submitting Offers must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded and Contracts resulting there from, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. Such Bidder must also designate a contact person for purposes of receiving all notices and communications under the Contract and resulting Contracts. All partners and joint venturers will be required to sign the awarded Contract.

D.9 PUBLIC RECORDS LAW AND CONFIDENTIAL OR TRADE SECRET INFORMATION: All Proposals are public records and are subject to public inspection as allowed by the Oregon Public Records Law (ORS 192.311 through 192.460). If a Bidder believes that any portion of its Bid contains any information that is an exempt trade secret or otherwise is exempt from disclosure under the Oregon Public Records Law, then Proposer shall submit information explaining what exemptions it believes would exempt any material and a fully redacted version of its Bid that redacts any information Bidder believes is exempt. Bidder is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law and that identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Bidder to consult with its own legal counsel regarding disclosure issues. If Bidder fails to identify the portions of the Bid that Bidder believes are exempt from disclosure, Bidder has waived any future claim of non-disclosure of that information. Further, information submitted by Bidder that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information submitted by Bidder when such release is authorized or required by law, or is pursuant to a court or administrative order. The State is immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3). Further, Bidder understands that its identification of information as exempt does not guarantee that Agency will decline to release the information identified; whether information is exempt is a determination that Agency will make in responding to a request under the Oregon Public Records Law.

D.10 PROOF OF INSURANCE: The apparent successful Bidder shall provide all required proofs of insurance to the Agency within ten calendar days of notification of intent to award. The Agency may reject the Bid if the apparent successful Bidder fails to present the required documents within the ten calendar-day period. Bidders are encouraged to consult their insurance agent(s) prior to Bid submission about the insurance requirements contained in the ITB.

SECTION E – eVALUATION CRITERIA

E.1 METHOD OF AWARD: The Agency shall award the Contract to the responsible Bidder submitting the lowest responsive Bid.

E.2 OFFER EVALUATION CRITERIA: The Agency will evaluate Offers to identify the lowest responsive Offers submitted by responsible Bidders and not otherwise disqualified. Adjustments made to account for reciprocal preferences and percentage of recycled materials incorporated into the goods (if applicable) will be for Offer evaluation purposes only. No such adjustments shall operate to amend Bidder's Offer or any Contract awarded pursuant thereto.

E.2.1 RESPONSIVENESS: To be considered responsive, the Offer must substantially comply with all requirements of the ITB and all prescribed public solicitation procedures. In making such valuation, the Agency may waive minor informalities and irregularities. See OAR 137-047-0470.

E.2.2 RESPONSIBILITY: Prior to award of a Contract, the Agency will evaluate whether the apparent successful Bidders meet the applicable standards of responsibility identified in OAR 125-247-0500. In doing so, the Agency may investigate Bidders and request information in addition to that already required in the ITB, when the Agency, in its sole discretion, considers it necessary or advisable.

E.2.3 DISCOUNTS: Bidder may offer cash or term discounts, or both. If accepted by the Agency, such discounts will be binding upon Bidder in the event Bidder is awarded a Contract. However, such discounts will not be considered for award purposes unless specified in this ITB.

E.2.4 RECIPROCAL PREFERENCE: The Agency shall apply the reciprocal preference in OAR 125-246-0310.

E.2.5 RECYCLED MATERIAL: The Agency shall apply the preference for recycled material contained in ORS 279B.025 and OAR 137-046-0320.

E.3 PROCESSING OF OFFERS: Neither the return of an Offer, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice of intent to award, or otherwise), shall operate as a representation by the Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

E.4 INTENT-TO-AWARD ANNOUNCEMENT: The Agency may announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results on the OREGONBUYS System, or by letter, email, or fax. The Intent-to-Award Announcement shall serve as notice to all Bidders that the Agency intends to make an award.

E.4.1 INTENT TO AWARD PROTEST: An Affected Bidder shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest. A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All lower Bids are non-Responsive.

Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

E.4.2 PROTEST REQUIREMENTS:

Protests must:

Be delivered to the SPC via email, or mailed hard copy

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 7 calendar days of the Intent to Award notice.

E.4.3 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 may not be considered by Agency.

E.5 REVIEW OF AWARDED BID FILES: All information contained in Bid files is a public record and available for review as required by the Oregon Public Records Law. Agency shall make all non-exempt information available for review by appointment after the Intent to Award has been issued.

E.6 PAY EQUITY:

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

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by ORS 279B.235 or ORS 279C.520, as applicable, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

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

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

E.7 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.

SECTION F – RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

BIDDER MUST COMPLETE AND RETURN WITH OFFER.

RESPONSIBILITY NOTIFICATION: The Agency reserves the right, pursuant to ORS 279B.110 and OAR 125-247-0500 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Bidder’s responsibility to perform the Contract. Bidder's submission of a signed Offer shall constitute Bidder's authorization for the Agency to obtain, and Bidder's agreement to produce for the Agency’s review and copying, any information the Agency deems necessary to conduct the evaluation. The Agency shall notify the apparent successful Bidders, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; materials, equipment, or inventory information; facility and personnel information and; record of contract performance. The Agency may reject an Offer if Bidder fails to promptly provide this information. The Agency may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate Responsibility, as required under ORS 279B.110 and OAR 125-247-0500, shall render the Bidder non-responsible and shall constitute grounds for Offer Rejection.

F.1 NUMBER OF YEARS IN BUSINESS PROVIDING THE SERVICES LISTED IN THIS ITB: _________________________

F.2 NUMBER EXISTING CONTRACTS FOR SERVICES EQUIVALENT IN TYPE, VOLUME AND VALUE: __________

F.3 WITHIN THE PAST FIVE (5) YEARS, HAS BIDDER’S FIRM HAD ANY LAWSUITS OR CLAIMS FILED AGAINST IT EITHER INVOLVING CONTRACT DISPUTES OR RELATING TO PRODUCTS SOLD OR SERVICED BY BIDDER? [ ] YES [ ] NO.

IF "YES," INDICATE DATES AND ULTIMATE RESOLUTION OF SUIT. (WITH REGARD TO JUDGMENTS, INCLUDE JURISDICTION AND DATE OF FINAL JUDGMENT OR DISMISSAL.)

(USE SEPARATE SHEET IF ADDITIONAL SPACE NEEDED)

F.4 WITHIN THE PAST 24 MONTHS, HAS BIDDER’S FIRM 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," SUPPLY FILING DATES, JURISDICTIONS, TYPE OF ACTION, ULTIMATE RESOLUTION, AND DATES OF JUDGMENT OR DISMISSAL, IF APPLICABLE.

(USE SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED)

F.5 WITHIN THE PAST 24 MONTHS, HAS BIDDER’S FIRM HAD ANY LAWSUITS FILED AGAINST IT BY CREDITORS? [ ] YES [ ] NO.

IF "YES," INDICATE DATES AND ULTIMATE RESOLUTION OF SUIT (WITH REGARD TO JUDGMENTS, INCLUDE JURISDICTION AND DATE OF FINAL JUDGMENT OR DISMISSAL).

(USE SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED)

F.6 Bidders shall provide three (3) references from current and former private business and government body customers. These references must be supportive of each Bidder’s ability to comply with the requirements of this ITB. No more than one reference will be accepted from any one business entity or government body. Bidders must complete Section F.6 and return it with their Offers. Failure to provide complete and/or accurate information may be cause for Offer rejection.

BIDDERS NOTE: Bidders may use one of the three required references as a State of Oregon agencies or their employees as references.

F.6.1. Bidders must provide three customer references who can be contacted regarding the quality of workmanship and service provided to current and past customers.

F.6.2. The State reserves the right to investigate any customers, whether or not furnished as a reference by the Bidder, and any past performance of any Bidder in respect to its performance of similar contracts, compliance with specifications and contractual obligations, its completion or delivery of a product or service on schedule, and its lawful payment of suppliers, subcontractors, and employees.

F.6.3. ODF may postpone the award or execution of the Contract after the announcement of the apparent successful Bidders in order to complete its investigation. ODF may reject an Offer if, in the opinion of the ODF, overall reference’s responses indicate that the Bidder is not responsible, as determined under ORS 279B.110 and OAR 125-247-050.

BIDDER REFERENCE #1:

FIRM NAME: __________________________________________________________________

ADDRESS: ___________________________________________________________________

CONTACT PERSON: ____________________________________________________________

POSITION TITLE: _____________________________________________________________

TELEPHONE NUMBER: _________________________________________________________

E-MAIL:______________________________________________________________________

BIDDER REFERENCE #2

FIRM NAME: __________________________________________________________________

ADDRESS: ___________________________________________________________________

CONTACT PERSON: ____________________________________________________________

POSITION TITLE: _____________________________________________________________

TELEPHONE NUMBER: _________________________________________________________

E-MAIL:______________________________________________________________________

BIDDER REFERENCE #3

FIRM NAME: __________________________________________________________________

ADDRESS: ___________________________________________________________________

CONTACT PERSON: ____________________________________________________________

POSITION TITLE: _____________________________________________________________

TELEPHONE NUMBER: _________________________________________________________

E-MAIL:______________________________________________________________________

SECTION G- RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280) "Recycled product" means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. 'Recycled product' also includes any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form." ORS 279A.010(1)(ii).

"Post-consumer waste" means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. 'Post-consumer waste' does not include manufacturing waste." ORS 279A.010(1)(u).

"Secondary waste materials" means fragments of products of finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process." ORS 279A.010(1)(jj).

"Recycled PETE product" means a product containing post-consumer polyethylene terephthalate material." ORS 279A.010(1)(hh).

SECTION H- RESIDENCY INFORMATION

(BIDDER MUST COMPLETE AND RETURN WITH OFFER)

ORS 279A.120 states that for the purpose of awarding a public Contract, a contracting agency shall, “add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides."

"Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid/proposal, has a business address in this state and has stated in the bid/proposal whether the bidder is a

"resident bidder". (ORS 279A.120(1)(b)).

"Non-resident bidder" means a bidder who is not a "Resident bidder" as defined above. (ORS 279A.120(1)(a)).

a) Check one: Bidder is a ( ) Resident bidder ( ) Non-resident bidder.

b) If a Resident bidder, enter your Oregon business address:

c) If a Non-resident bidder, enter state of residency:

d) If a Non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state's government or with other governmental bodies in your state?

Check one: ( ) Yes ( ) No

If yes: state the preference percentage: _______%

If yes, but not a percentage of bid/proposal price, describe the preference: _______________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If yes, state the law or regulation that allows the preference described (legal citation):

SECTION I – BIDDER SIGNATURE AND CERTIFICATION

The individual signing on behalf of Bidder hereby acknowledges, attests and certifies individually and on behalf of the Bidder that:

· He/she is a duly authorized representative of Bidder, has been authorized by Bidder to make all representations, attestations and certifications contained in this Bid and all addenda, if any, issued, and to execute this Bid on behalf of Bidder;

· The information supplied by Bidder in this Bid is true and accurate;

· Bidder, acting through its authorized representatives, has completely read and understands all the provisions of the Solicitation, including all attachments and addenda, if any, issued;

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

· Bidder is bound by and will comply with all the provisions, requirements, specifications, and terms and conditions contained in the Invitation to Bid and Bid, including all attachments and addenda, if any, issued;

· Bidder agrees to provide all services required to be provided under the Contract in accordance with specifications and requirements, and will comply in all respects with the terms of the resulting Price Agreement upon award;

· Bidder has the available resources, including staffing if applicable, to provide the services in a reasonable timeframe to pursue ODF’s objectives;

· Bidder has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225; and

· Bidder has a written policy and practice that meets the requirements described in HB 3060 (2017) Oregon Laws, chapter 212, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

· To the best of his other knowledge, Bidder is not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" are those tax laws listed in ORS 305.380(4), namely ORS Chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

Signature of Bidder’s Authorized Representative Date

SECTION J – PRICING

Item# 1

9-Person Crew Carrier as specified in EXHIBIT A (Specifications)

Modify form to fit specific bid item(s)

UNIT- PRICE PER EACH UNIT ($___________)

Multiplied by Quantity: Price per each unit X 5 = Total price for five units ($__________) The Price offered within this Section J Pricing shall include the delivery of goods.

Delivery Address:

South Fork Camp

48300 Wilson River Hwy.

Tillamook, Oregon 97141 Award will be made to the lowest responsible and responsive bidder.

DELIVERY DATE: The delivery date to include the delivery of all five (estimated quantity) of 9-Person Crew Carriers shall be no later than 250 calendar days from date of Purchase Order.

DELIVERY DATE PROPOSED BY BIDDER: (_______________) calendar days from date of Purchase Order.

Other terms:

1. "OR EQUAL": Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand named.

2. USE OF BRAND OR TRADE NAMES: Any brand or trade names used by the State in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition..

ALTERNATE BRAND: Bids will be accepted for any brand offered if the product meets or exceeds the quality or performance levels of the brand specified. Bidders offering alternate brands shall include the following information with their Bids:

a. A signed statement explaining the difference between the specified brand and model and the product offered; and

b. One set of detailed specifications describing the product offered in sufficient detail to determine whether it meets Bid specifications.

ODF SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS "EQUAL.”

NOTE TO BIDDERS: DO NOT FILL OUT THIS FORM - THIS AGREEMENT FORM WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY ODF. THIS SAMPLE WILL BE FILLED IN BY ODF. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT AND DELIVER IT TO THE ODF DISTRICT OFFICE. AFTER ALL REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE AGREEMENT AND SEND/DELIVER A COPY TO THE CONTRACTOR AND SALEM PROCUREMNT.

ATTACHMENT A – SAMPLE CONTRACT

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF GOODS

(“Contract”)

Contract #: _______ This Contract is between the State of Oregon (“State”), acting by and through its Department of Forestry ("ODF" or “Agency”) for the benefit of the Department of Forestry, and _________________________("Contractor"). This Contract is effective on the date is has been signed by all parties and all required State of Oregon approvals have been obtained.

The Agency issued solicitation #1340, pursuant to its authority under DAS Delegation Agreement 740-13, as amended. In response to that solicitation, Contractor agrees to sell, and ODF agrees to purchase, goods for the benefit of Agency subject to the following terms and conditions:

RECITAL

This Contract is for the purchase of five Person Crew Carriers for South Fork Camp to be constructed, delivered, and installed in 2021 Ford F-550 Chassis owned and provided by ODF for use in fire protection.

1. DEFINITIONS.

“Agency” means the ODF.

“Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from Services.

“Contract Administrator” means the person identified in Section 8.

“Goods” means crew carriers, meeting the Specifications in Exhibit A.

“IRS” means the Internal Revenue Service.

“Open Source Elements” means any Work Product subject to any open source initiative certified license, including Work Product based upon any open source initiative certified licensed work.

“Price Pages” means the Exhibit B pages containing listed prices for Goods and Services.

"Services" means the services, if any, that are incidental to the purchase of Goods and that Contractor is required to perform under Section 2.

"Specifications" means the specific attributes of Goods and Services described in Section 3 and Exhibit A.

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

“Work Product” means all Goods and Services Contractor delivers or is required to deliver to Agency pursuant to this Contract.

2. REQUIRED GOODS, PRICING AND DELIVERY SCHEDULE.

Contractor shall deliver to Agency the following Goods. The total price for all Goods under this contract is as indicated in Exhibit B, Pricing.

A. GOODS: Five 9-Person Crew Carriers as specifically described within EXHIBIT A Specifications, which is incorporated herein in its entirety by this reference.

B. Delivery of Goods:

i.

After arranging delivery with Dave Luttrell; ODF Camp Manager @ 503-815-6126 Contractor shall deliver Goods to South Fork Camp, 48300 Wilson River Hwy. Tillamook OR 97141.

ii. The Price offered within Section J Pricing shall include the delivery of goods.

iii.

Contractor shall deliver Goods Freight on Board Destination (“F.O.B.”) place of destination. Contractor shall retain the risk of loss of Goods until Agency accepts Goods in accordance with Section 4.D.

iv. Contractor shall deliver Goods at a mutually agreed upon date and time, no later than 250 calendar days from date of Purchase Order. Any necessary assembly and testing by Contractor, if any, shall be completed prior to, or immediately upon, delivery.

C. PRICING: Contract prices are contained in Exhibit B, which is incorporated herein in its entirety by this reference.

3. SPECIFICATIONS.

Contractor shall supply Goods meeting the Specifications in Exhibit A. Contractor shall deliver all Goods specified in Section 2 in accordance with this section and all other terms and conditions in this Contract. Contractor’s failure to deliver Goods in accordance with the provisions of this Contract is a material breach of this Contract.

A. GENERAL PROVISIONS.

i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to comply with applicable regulatory standards or the Specifications in Exhibit A, Contractor shall immediately notify the Agency of the recall or non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as applicable, and all other supporting documentation for the recall or non-compliance determination. Upon notification by the Contractor, or otherwise learning of a recall or non-compliance, the Agency may (a) reject Goods in whole or in part, or (b) revoke its acceptance of Goods in whole or in part. If the Agency rejects Goods or revokes its acceptance of Goods, Contractor shall remove the particular Goods from Agency’s possession as provided in Section 4.D.iv at no cost to Agency and shall reimburse Agency for all payments made for those Goods.

ii. STANDARD COMPONENTS. Unless specified otherwise in this section, Contractor shall provide Goods with all components and accessories that the manufacturer lists as “standard” for Goods.

iii. NECESSARY COMPONENTS. Unless specified otherwise in this section, Contractor shall include all components, hardware and parts necessary for complete and proper assembly, installation, and operation of Goods.

iv. NEW AND UNUSED GOODS. Contractor shall deliver Goods that are new, unused, and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer’s current parts catalogue for Goods.

B. DETAILED SPECIFICATIONS.

i. Goods: Five Crew Carriers – Detailed Specifications are included in Exhibit A.

4. TERMS AND CONDITIONS.

A. PAYMENT.

i. Agency’s Payment. Agency shall pay Contractor for Goods delivered at the prices and rates specified in Section 2 and Exhibit B following receipt of an invoice from Contractor that meets the invoice requirements set forth below in Section 4.B of this Contract. Contractor shall look solely to Agency for payment of all amounts Agency owes to Contractor. Contractor shall not be compensated by any agency or department of State other than Agency for Goods delivered or Services performed.

ii. If Contractor is a “nonresident alien” as defined in 26 USC 7701(b)(1)(B), then Contractor shall, upon execution of this Contract, deliver to Agency a completed and signed W-8 form, 8233 form, or W-9 form, as applicable, from the IRS, as evidence that Agency is not required by 26 USC 1441 to withhold part of Contractor's payment. Such forms are currently available at http://www.irs.gov. Agency may withhold payments to Contractor pending Agency's receipt from Contractor of the applicable completed and signed form. If Agency does not receive the applicable completed and signed form from Contractor, or if the IRS provides notice to Agency that Contractor's information on the form provided is incorrect, Agency will withhold as federal income tax 30% of all amounts Agency owes to Contractor under this Contract. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this Contract. Contractor shall demonstrate its legal capacity to perform under this Contract in the State of Oregon prior to entering into this Contract.

iii. Funds Available and Authorized; Payments. Contractor understands and agrees that Agency’s payment of amounts under this Contract is contingent on Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority at levels sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to make payments under this Contract. Contractor is not entitled to receive payment under this Contract from any part of Oregon state government, other than Agency. Nothing in this Contract is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon.

B. INVOICES.

i. Contractor shall send an invoice to Agency within sixty (60) calendar days of Agency’s acceptance, in accordance with Section 4.D, of Goods delivered under this Contract.

ii. Contractor shall send all invoices to the Agency Contract Administrator, identified in Section 8. Contractor shall include in each invoice:

a. The Solicitation number, and the Contract number;

b. The quantity of Goods ordered, the quantity of Goods delivered, the date Goods were delivered, the date of Agency’s acceptance of the goods, and the price per unit, if applicable;

c. The total amount due; and

d. The payment address.

iii. Contractor may assess overdue account charges to Agency on unpaid invoices only in accordance with ORS 293.462.

C. MOST FAVORABLE PRICES AND TERMS.

Contractor represents and warrants that all prices, terms, and benefits offered by Contractor under this Contract are equal to or better than the equivalent prices, terms, and benefits being offered by Contractor to any other state or local governmental entity or commercial customer.

i. If during the term of this Contract, Contractor enters any contract, agreement or arrangement that provides lower prices, more favorable terms, or greater benefits to any other state or local governmental entity or commercial customer, Contractor shall provide the same price or prices, terms and benefits to the Agency. The prices, terms and benefits shall be effective as of the date Contractor made the more favorable terms or greater benefits available to any other state or local governmental entity or commercial customer. This provision applies to comparable goods and services and to purchase volumes by Agency that are not less than the purchase volumes of the state or local governmental entity or commercial customer that has received the lower prices, greater benefits, or more favorable terms.

ii. Section 4.C.i does not apply to Contractor’s donations of comparable goods and services to charitable, nonprofit, or governmental entities if the donations are recognized as donations and are deductible under the Internal Revenue Code. These donations are not considered contracts, agreements, or arrangements with other state or local governmental entities or commercial customers for purposes of Section 4.C.i.

D. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE:

i. ACCEPTANCE. Agency may either accept or reject Goods delivered within fourteen (14) calendar days from the date Contractor delivers Goods to Agency. If the Agency, in its sole discretion, deems it necessary, the Agency may test and inspect the Goods. If Agency does not provide written notice of acceptance or rejection of Goods to Contractor within fourteen (14) calendar days following the date of delivery of Goods, Agency is deemed to have accepted Goods.

ii. REJECTION. If Agency rejects Goods, then Agency’s written notice of rejection shall, at a minimum, itemize the apparent defects and include:

a. A description of nonconformance between Goods delivered and the required Specifications and warranties (including any variance from demonstrations or sample characteristics of Goods if Contractor provided demonstrations or samples);

b. A description of any other nonconformance of Goods (including…