ITB 2105-22 FINAL.pdf

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

State of Oregon

Cover Page

Oregon Department of Forestry

DESCHUTES NATIONAL FOREST

Closing: Tuesday, April 19, 2022 at 3:00 PM

Single Point of Contact (SPC): Dan Long

Address: 2600 State Street, Bldg. C City, State, Zip Salem, OR 97301 Phone (voice) 971-345-7823 E-mail: daniel.d.long@odf.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK / STATEMENT OF WORK / SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT (SPC)

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

2.2 PRE‐BID CONFERENCE

2.3 OREGONBUYS

2.4 QUESTIONS AND CLARIFICATIONS

2.5 ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS

3.3 BID REQUIREMENTS (PASS/FAIL)

3.4 PROCUREMENT PROCESS

3.5 BID CONTENT REQUIREMENTS

3.6 EVALUATION PROCESS

3.7 PREFERENCES

SECTION 4: METHOD OF AWARD

4.1 AWARD NOTIFICATION PROCESS

4.2 APPARENT SUCCESSFUL BIDDER SUBMISSION REQUIREMENTS

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED SMALL BUSINESS PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF ITB; REJECTION OF BIDS; NO DAMAGES

5.5 COST OF SUBMITTING A BID

5.6 STATEWIDE E‐WASTE/RECOVERY POLICY

5.7 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT .................................................. ERROR! BOOKMARK NOT DEFINED.

ATTACHMENT B ‐ BIDDER CERTIFICATION SHEET

ATTACHMENT C ‐ REFERENCE CHECK FORM

ATTACHMENT D ‐ COST BID FORM – FALL RIVER ESTATES FUELS REDUCTION PROJECT

ATTACHMENT E ‐ CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F ‐ RESPONSIBILITY INQUIRY

APPENDIX A: HERITAGE SURVEY MAP

APPENDIX B: EXAMPLE NATIONAL FOREST SERVICE SITE FORM

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Forestry (“Agency”), is issuing this Invitation to Bid to complete Section 106 of the National Historic Preservation Act compliance work for the Fall River Estates Fuels Reduction project on the Deschutes National Forest (DNF), hereinafter, referred to as (“the project”).

The project area is located approximately 7.5 miles south/southwest of Sunriver, Oregon in Sections 31- 33, T20S R10E and Sections 4-5, T21S, R10E (Figure 1). The Fall River Estates Fuels Reduction project proposes vegetation management activities including mechanized thinning, grapple piling, mastication, pile burning, mowing and prescribed burning on approximately 1,100 acres, however only 500 acres will require cultural resource inventory. The contractor will be required to complete 500 acres of cultural resource inventory, revisit previously recorded cultural resources in the 1,100-acre project area, document newly encountered cultural materials encountered during survey, and complete a report which includes an assessment of the potential impacts of vegetation management on cultural resources in the project area and recommend mitigation measures, if determined necessary.

All work must be completed on this project prior to August 15, 2022.

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

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

1.1.1 Agency Overview and Background

The Oregon Department of Forestry mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon's forests to enhance environmental, economic, and community sustainability. One of Oregon Department of Forestry’s Vision is to have healthy forests providing a sustainable flow of environment, economic, and social outputs, and benefits.

1.1.2 Purpose

The purpose of the ITB is to establish a Contract to complete Section 106 of the National Historic

Preservation Act compliance work on the Deschutes National Forest.

The successful Bidder will provide all material, equipment, labor and personnel, services and supplies necessary (except those designated as Agency-provided services or supplies) to perform and complete the services described in the bid invitation in accordance with the work, requirements and the Statement of Work, Exhibit A of Attachment A.

All work must be completed on this project prior to August 15, 2022.

1.2 SCOPE OF WORK / STATEMENT OF WORK / SPECIFICATIONS

The Statement of Work is in Attachment A, Exhibit A (Statement of Work).

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

1.3 SCHEDULE OF EVENTS

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

Event Date and Time

Questions and Requests for Clarification Due April 7, 2022

Answers to Questions / Requests for Clarification Issued (approximate) April 12, 2022

Closing (Bids Due) As stated on the cover page

OregonBuys Notice of Intent to Award (approximate)

April 21, 2022

Contract Execution (approximate) April 28, 2022

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.

1.4.1 General Definitions

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

"Addendum" or "Addenda" mean an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document, the Agency is the Oregon Department of Forestry (ODF).

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

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

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

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

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

“ITB” means this Invitation to Bid.

"ODF" means Oregon Department of Forestry.

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

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

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

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

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

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

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

“State” means the State of Oregon.

“Written” or “Writing” means conventional paper documents, whether handwritten, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this Solicitation Document or the Contract.

1.5 SINGLE POINT OF CONTACT (SPC)

The SPC for this ITB is identified on the Cover Page, along with the SPC’s contact information. Bidder shall direct all communications related to any provision of the ITB, whether about the technical requirements of the ITB, contractual requirements, the ITB process, or any other provision only to the SPC.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

The Agency is procuring the Heritage Surveys Fall River Estates Fuel Reduction Services pursuant to its authority under ORS 530.050 (4)

The Agency is using the Competitive Sealed Bid, pursuant to ORS 279B.055 and OAR 125-247-0255, Competitive Sealed Bidding.

2.2 PRE‐BID CONFERENCE

A Pre-Bid conference will not be held for this ITB.

2.3 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on the OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. ITB documents will not be mailed.

2.3.1 Alternative Accessibility to Addenda, Attachments, and Exhibits

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OregonBuys, please contact the SPC.

2.3.2 OREGONBUYS Assistance

Parties needing assistance with OregonBuys may contact the OregonBuys helpdesk by telephone at

(855) 800-5046 or by email at support.oregonbuys@oregon.gov. Support hours are 7 a.m. - 6 p.m.

PT, Monday through Friday, closed State holidays.

2.3.3 OREGONBUYS Registration Information

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

2.4 QUESTIONS AND CLARIFICATIONS

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

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

Reference the ITB S‐62900‐00002105 Identify the section number and the passage.

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

Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

Agency will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.5 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing.

Agency is not responsible for sending Addendum to any prospective Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS

3.2.1 Bid Format

subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s Single Point of Contact on the Cover page, prior to the submission deadline to make arrangements for alternate delivery or an alternate format. ODF is not responsible for incomplete bids or bids that were

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest not correctly addressed to email of Single Point of Contact identified on the cover page. Only approved alternative delivery or formats may be accepted.

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 email bids (electronic procurement) for this solicitation; however, if this is not possible, Bidder shall make other arrangements for bid delivery with the Single Point of Contact as specifically described above.

ODF is committed to providing important services to Oregonians while reducing the risk of exposure for customers and employees. Because many ODF offices are not configured in a manner to allow for social distancing, this approach will help mitigate that risk without substantively affecting service delivery. We appreciate the public’s patience as we strive to continue providing important services during this unprecedented disruption to daily life.

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

All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections may be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 Closing

Bids must be submitted by the Closing date.

3.3.2 Required forms

Bidder must submit the following forms:

Attachment B – Bidder Certification Sheet

Attachment C – Reference Check Form

Attachment D – Cost Bid Submittal Form

Attachment E – COBID Certification / Outreach Plan

Attachment F – Responsibility Inquiry

3.3.3 Authorized Signature

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 References

Complete and submit the Reference Form (Attachment C)

Provide three (3) references from three (3) different current or former client firms for similar projects performed within the last two (2) years that demonstrates Contractor’s experience performing services similar to what is requested in this ITB. One project must have been completed within the last 12 months.

References must verify the quality of previous, related Work. Agency will make three (3) attempts to contact each of the references provided by the Bidder.

Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Bidder’s qualifications.

To be considered for evaluation, Bidder must demonstrate how Bidder meets all requirements of this section:

3.3.5 Experience/Qualifications

Bidder must have a minimum of three (3) years’ experience performing services similar to what is requested in this ITB. Bidder must have performed the services for at least three (3) different clients or agencies within the last two (2) years and must have performed the service at least once in the last 12 months.

See Key Personnel Requirement in Section 3.5.2.1

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

3.3.6 Authorized Representative

A representative authorized to bind the Bidder shall sign the Bid. Failure of the authorized representative to sign the Bid may subject the Bid to rejection by ODF.

3.4 PROCUREMENT PROCESS

3.4.1. Public Notice

The ITB, including all Addenda and attachments, is published on OregonBuys, the State of Oregon’s automated procurement system and the official publication forum for State procurement notices and advertisements at https://oregonbuys.gov/oregon.gov. ITB documents will not be mailed to prospective Bidders.

ODF shall advertise all Addenda on OregonBuys. Prospective Bidder is solely responsible for checking OregonBuys to determine whether any Addenda have been issued. Addenda is incorporated into the ITB by this reference.

3.4.2. Questions / Requests for Clarification

All inquiries, whether relating to the ITB process, administration, deadline, method of award or to the intent or technical aspects of the ITB must:

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

Be emailed to the SPC Reference the ITB number S‐62900‐00002105 Identify Bidder’s name and contact information Be sent by an authorized representative Refer to the specific area of the ITB being questioned (i.e. page, section, and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the

Schedule

3.4.3 Bid Submission Options

Bids must be emailed to the Single Point of Contact identified on the Cover Sheet.

If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s Single Point of Contact to make arrangements for an alternate format within a reasonable period of time, as determined by ODF, prior to the submission deadline. ODF is not responsible for incomplete bids or bids that failed delivery.

Bidder is solely responsible for ensuring its Bid is received by the SPC in accordance with the ITB requirements before Closing. ODF is not responsible for any delays in or by transmission errors or delays or mistaken delivery. Bid submitted by any means not authorized will be rejected.

3.4.4 Bid Modification or Withdrawal

Any Bidder who wishes to make modifications to a Bid already received by ODF shall submit its modification in one of the manners listed in the Bid Submission Options section 3.3.3 and must denote the specific change(s) to the Bid submission.

If a Bidder wishes to withdraw a submitted Bid, it shall do so prior to Closing. The Bidder shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Bid in accordance with OAR 125-247-0440. The notice must include the ITB number and be submitted to the SPC.

3.4.5 Bid Due

Bid and all required submittal items must be received by the SPC on or before Closing. Bids received after the Closing will not be accepted. All Bid modifications or withdrawals must be completed prior to Closing.

Bids received after Closing are considered LATE and will NOT be accepted for evaluation. Late Bids will be returned to the respective Bidder or destroyed.

3.4.6 Bid Rejection

ODF may reject a Bid for any of the following reasons:

Bidder fails to comply substantially with all prescribed ITB procedures and requirements, including but not limited to the requirement that Bidder has authorized representative sign the Bid in ink.

Bidder fails to meet the responsibility requirements of ORS 279B.110.

Bidder makes any contact regarding this ITB with State representatives such as State employees or officials other than the SPC or those the SPC authorizes or makes inappropriate contact with the SPC.

Bidder attempts to influence inappropriately a member of the Evaluation Committee.

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

Bid is conditioned on ODF’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the ITB or Addenda.

3.4.7 Opening of Bid

Due to Covid-19, a public Opening will NOT be held on the date of bid opening. Bids received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.5 BID CONTENT REQUIREMENTS

3.5.1 Bid Certification Sheet

Complete and submit the Bidder Certification Sheet (Attachment B).

3.5.2 Documentation of Minimum Requirements

3.5.2.1 Key Personnel Requirements

Bidder must provide resumes for Key Persons, detailing their background, experience, education, accomplishments, and expertise related to the specific work.

If Bidder intends to utilize subcontractors to accomplish work under a resulting Contract, the Bidder must include a list of all subcontractors and include resumes for all subcontractor personnel who will provide services under the subcontract.

AGENCY shall determine in its sole discretion if relevant experience may be substituted for degree requirements.

Qualification Standards as outlined in 36 CFR 61, which includes:

Demonstrate ability to carry out research to completion as evidence by timely completion of previous contracts undertaken within the past three years and no current contracts which are past their completion dates.

A graduate degree in archeology, anthropology, or closely related field plus, At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management.

Supervisory field and analytic experience in general North American archeology and demonstrated ability to carry research to completion.

Meet any current requirements of the State Historic Preservation Officer for a person functioning as a Principal Investigator.

Demonstrated competence in collecting, handling, analyzing, evaluating, and reporting archaeological data.

Ability to obtain a valid Archaeological Investigations Permit from the Deschutes

National Forest’s Special Uses program.

3.5.3 The bid shall provide a plan that identifies the managerial effort, supporting staff, equipment, resources, and space that shall be committed to the timely and successful

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest completion of the project. All crew and team members must meet the minimum requirements for the portion of the contract they are working.

Complete and submit the Cost Bid Form (Attachment D).

3.5.4 Public Record/Confidential or Proprietary Information

All Bids are public record and are subject to public inspection after ODF issues the Notice of the Intent to Award.

If a Bidder believes that, any portion of its Bid contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478).

Bidder is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Bid, in whole, as exempt from disclosure is not acceptable. ODF 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 claims are exempt from disclosure, Bidder has waived any future claim of non-disclosure of that information.

3.6 EVALUATION PROCESS

3.6.1 Responsiveness and Responsibility Determination

Bids received prior to Closing will be reviewed for Responsiveness to all ITB requirements including compliance with Minimum Requirements section and Bid Content Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

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

3.7 PREFERENCES

3.7.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder's Bid price that is equal to the percent preference, if any, given to a Resident Offeror of the Bidder's state.

3.7.2 Recycled Materials

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials and at least one (1) Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials. If each of the conditions specified in ORS 279A.125

(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.7.3 Tiebreakers

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability, and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

SECTION 4: METHOD OF AWARD

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award the contract to the lowest responsible Bidder submitting the lowest responsive Bid. Agency may award less than the full Scope defined in this ITB. Except as specifically identified in this ITB, Agency SPC WILL NOT negotiate any terms, conditions, or other contractual obligations. By Bid submission, Bidders agree to be bound by the Terms and Conditions stated in this ITB, and all attachments and exhibits, as may be modified by Addendum. Any Bid that is received conditioned on Agency SPC’s acceptance of any other terms and conditions will be rejected.

4.1.2 Intent to Award Notice

ODF will notify all Bidders via OregonBuys that Agency intends to award a Contract to the selected Bidder.

4.2 APPARENT SUCCESSFUL BIDDER SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Bidder shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the ITB or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating negotiations and commencing negotiations with the next highest-ranking Bidder. Bidder is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Attachment A Exhibit B) prior to Bid submission.

4.2.2 Taxpayer Identification Number

The apparent successful Bidder shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency or Agency (normally in an intent to award notice), or When the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Bidder shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Bidder shall submit a current Oregon Secretary of State Business registry number or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.2.4 Responsibility Determination

Upon request from the SPC, apparent successful Bidder shall submit such documentation necessary for the SPC to make a responsibility determination pursuant to ORS 279B.110.

4.2.5 Tax Compliance Attestation

Prior to execution of the Contract, the apparent successful Bidder shall complete and submit the Tax Attestation (Attachment G) to demonstrate compliance with Oregon Tax Laws and tax laws of Oregon political subdivisions. Failure to demonstrate compliance may result in a finding of non-responsibility.

4.2.6 Certificate of Pay Equity Training

As required by ORS 279B.110(2)(f) (2015 Oregon Laws, chapter 454, section 3(2)(f)), prior to execution of the Contract, the apparent successful Bidder must submit to Agency SPC a true and correct copy of an unexpired certificate, issued to the Bidder by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Bidders that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED SMALL BUSINESS PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, the State encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”), in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. The State also encourages joint ventures or subcontracting with certified small business enterprises. For more information, please visit https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp

If the Contract results in subcontracting opportunities, the successful Bidder may be required to submit a completed Certified Firm Outreach Plan (Attachment E) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

The laws of the State of Oregon govern this ITB. Venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Bids submitted in response to this ITB become the Property of Agency. By submitting a Bid in response to this ITB, Bidder grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, negotiating a Contract, if awarded to Bidder, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Bids, including supporting materials, will not be returned to Bidder unless the Bid is submitted late.

5.4 CANCELLATION OF ITB; REJECTION OF BIDS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part or may cancel this ITB at any time when the rejection or cancellation is in the Agency best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the ITB, award, or rejection of any Bid.

5.5 COST OF SUBMITTING A BID

Bidder shall pay all the costs in submitting its Bid, including, but not limited to, the costs to prepare and submit the Bid, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE E‐WASTE/RECOVERY POLICY

If applicable, Bidder shall include information in its Bid that demonstrates compliance with the Statewide E-Waste/Recover Policy effective July 1, 2012.

5.7 RECYCLABLE PRODUCTS

Bidder shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B BIDDER CERTIFICATION SHEET

ATTACHMENT C REFERENCE CHECK FORM

ATTACHMENT D COST BID FORM

ATTACHMENT E CERTIFIED FIRM OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

ATTACHMENT A – SAMPLE CONTRACT

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

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

1. Contract.

a. Term. This Contract shall become effective on the date this Contract has been fully executed by every party and, when required, approved by the Department of Administrative Services and the Department of Justice.

Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when Agency accepts Contractor's completed performance or on September 15, 2022, whichever date occurs last. Contract termination shall not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

b. Authority. Agency is authorized to enter into this type of contract under the authority granted in ORS

530.050 and 526.041, and the Department of Administrative Services (DAS) delegation 740-13 (as amended).

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

3. Consideration

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

CONTRACTOR: DEPARTMENT OF FORESTRY

Administrator:

Title:

Address:

Phone:

Email:

Federal ID #:

Administrator: Cameron Scott

Title: Federal Forest Reforestation Coordinator

Address: 3501 NE 3rd St.

Prineville, OR 97754

Phone: (541) 447-5658

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

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

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

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

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

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

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

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

Contractor is responsible for determining the appropriate means and manner of performing the Work.

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

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

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

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

6. Subcontracts, Successors, and Assignments

a. Contractor shall not enter into any subcontracts for any of the Work required by this Contract without Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor performance as if the subcontractor were the Contractor with respect to Sections 5, 6, 7, 9, 10, 11, 14, 15, 16, 18, and 23. Agency’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

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

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

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

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

9. Representations and Warranties.

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

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

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

10. Ownership of Work Product.

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

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

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

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

b. Original Works. All Work Product created by Contractor pursuant to the Work, including derivative works and compilations, and whether such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of U.S. Government. Without limiting the generality of the foregoing, all field notes, maps, electronic data, draft and final Deliverables, photographs or digital images, and artifacts collected or generated, or otherwise produced, in the performance of this Contract are considered and shall become the sole property of the U.S. Government and will be submitted to the DNF PM with the final inventory report at the conclusion of the project.

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

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

2) to authorize others to do so.

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

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

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

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

ITB #S-62900-00002105 – Heritage Surveys Fall River Estates Fuels Reduction Project on the Deschutes National Forest

11. Indemnity.

a. GENERAL INDEMNITY. CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY THE STATE OF OREGON AND AGENCY AND THEIR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF, OR RELATING TO THE ACTIVITIES OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS UNDER THIS

CONTRACT.

b. INDEMNITY FOR INFRINGEMENT CLAIMS. WITHOUT LIMITING THE GENERALITY OF SECTION 11.a, CONTRACTOR EXPRESSLY AGREES TO DEFEND, INDEMNIFY, AND HOLD AGENCY, THE STATE OF OREGON AND THEIR AGENCIES, SUBDIVISIONS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, LIABILITIES, COSTS, EXPENSES, INCLUDING ATTORNEYS FEES, AND DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIMS THAT THE WORK, THE

WORK PRODUCT OR ANY OTHER TANGIBLE OR INTANGIBLE ITEMS DELIVERED TO AGENCY BY

CONTRACTOR THAT MAY BE THE SUBJECT OF PROTECTION UNDER ANY STATE OR FEDERAL

INTELLECTUAL PROPERTY LAW OR DOCTRINE, OR THE AGENCY’S USE THEREOF, INFRINGES ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY DESIGN, OR

OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY; PROVIDED, THAT STATE SHALL PROVIDE

CONTRACTOR WITH PROMPT WRITTEN NOTICE OF ANY INFRINGEMENT CLAIM.

c. CONTROL OF DEFENSE AND SETTLEMENT. CONTRACTOR SHALL HAVE CONTROL OF THE DEFENSE AND SETTLEMENT OF ANY CLAIM THAT IS SUBJECT TO SECTIONS 11.a OR 11.b; HOWEVER, NEITHER

CONTRACTOR NOR ANY ATTORNEY ENGAGED BY CONTRACTOR SHALL DEFEND THE CLAIM IN THE

NAME OF THE STATE OF OREGON OR ANY…