ITB S-62900-00015888 – 54 North GNA Botanical Surveys

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMEN OF FORESTRY

54 NORTH GNA BOTANICAL SURVEYS

Invitation to Bid (ITB) Contract

ITB S-62900-00015888

Date of Issue: February 6, 2026

Closing: March 6, 2026, at 2:00 PM (Pacific)

Single Point of Contact (SPC): Katrina Chinn, Procurement Specialist

Address: 2600 State St., Bldg. E City, State, Zip: Salem, Oregon, 97310 Phone (voice): 971.345.7823 E-mail: katrina.chinn@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.

mailto:katrina.chinn@odf.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

SCHEDULE OF EVENTS

1.3 5

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 PREFERENCES

4.7 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Forestry, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for botanical field surveys within proposed vegetation management units within the 54 North Fuels Reduction and Huckleberry Restoration Project on the North Fork John Day Ranger District in the Umatilla National Forest (hereinafter referred to as “the Project” or “54 North Project”).

The successful Bidder will provide all transportation, equipment, labor, supervision, and materials necessary (except those designated as Agency or U.S. Forest Service provided) to perform and complete the Work and Services described in the Bid invitation and in accordance with the Statement of Work found in Exhibit A of Attachment A.

The agency intends to award one single Contract resulting from this ITB. The term of the Contract is anticipated to expire September 30, 2026.

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. Oregon Department of Forestry’s vision is to have healthy forests providing a sustainable flow of environmental, economic, and social outputs and benefits through statewide forest resource policies that are coordinated among Oregon's natural resource agencies.

ODF’s Federal Forest Restoration Program (FFRP) is assisting the Umatilla National Forest (UNF) under the Good Neighbor Authority (GNA) with the planning and compliance work associated with the 54 North Project.

1.1.2 PROJECT OVERVIEW AND BACKGROUND

The 54 North Project consists of 40,565 acres of treatments utilizing large diameter thinning for trees that are nine (9) inches diameter at breast height (DBH) and over, small diameter thinning for trees that are up to nine (9) inches DBH, and underburning treatment types.

Thinning prescriptions are to be designed to improve and/or maintain stand health, density, and diversity while also contributing to meeting the timber harvest and production goals and objectives of the Umatilla National Forest Land and Resource Management Plan (LRMP).

The project was selected for analysis to reduce surface and ladder fuel loadings, enhance forest structure, return project area to a low to moderate severity surface fire to the landscape, and improve habitat for native plant species. The project is adjacent to the Umatilla Indian Reservation and is within the Ceded Territory of the Confederated Tribes of the Umatilla Reservation (CTUIR). It has been identified as a priority area to help enhance first foods habitat, specifically to address declining huckleberry habitat conditions and improve Big Game forage and habitat needs. The project is about seven (7) miles northeast of Ukiah in Umatilla and Union Counties.

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1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

The awarded Bidder will conduct surveys that:

a. Detect and document vascular Region 6 Regional Forester Sensitive Species and Oregon Biodiversity Information Center (ORBIC) List 1 and 2 species.

b. Detect and document plants that are culturally significant to the Confederated Tribes of the Umatilla Indian Reservation (CTUIR).

Results from the surveys will help:

a. Inform the protection of Sensitive Species from Project activities.

b. Inform monitoring plot establishment to analyze impacts of vegetation treatments on culturally significant plants.

Work includes the Project tasks and required meetings as listed below in Section 4 and all specified Deliverables to be provided in the form and at the times specified in this Section 5 of this Exhibit A.

Contractor must provide any and all qualified personnel, transportation, labor, supervision, equipment, supplies, permits, licenses, and incidentals not provided as U.S. Government furnished property by the US Forest Service (FS), that are necessary to complete the Work.

Work will also include contact with UNF and Agency personnel. Agency will be responsible for payment, and UNF staff will act as Agency designated representatives to be local contacts and field inspectors reporting to ODF in regard to Contract implementation and acceptance of completed Work. Contractor will contact UNF staff for issues and questions regarding policy, analysis, format requirements, and tasks specifications relating to this Exhibit A. The Contractor will contact ODF for questions regarding Contract specifications, Contract-related issues, and Contract payments.

See Exhibit A (Statement of Work) of Attachment A (Sample Contract) for the full Statement of Work (SOW) including all Work specifications.

Unless otherwise specified, the selected Contractor shall be required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Services when performing under the Contract resulting from this Solicitation Document.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due February 13, 2026 5:00 PM

Answers to Questions and Clarifications Due (approximate)

February 25, 2026 5:00 PM

Addenda published (approximate) February 25, 2026 5:00 PM

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Closing (Due Date and time to submit Bids) See cover page

Opening of Bids March 6, 2026 2:00 PM

OregonBuys Notice of Intent to Award (approximate)

March 16, 2026

Contract Execution (approximate) March 20, 2026

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

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

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

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

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

1.5 SINGLE POINT OF CONTACT

All questions and requests for clarification about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to its authority under ORS 279A.050, ORS 279A.140 and

OAR 125-246-0170(3).

2.2 PROCUREMENT METHOD

Agency is using the Intermediate Procurement solicitation method, pursuant to its authority under ORS 279B.070 and OAR 125-247-0270, and may use any available optional procedures.

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2.3 PRE-BID CONFERENCE

Reserved.

2.4 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov/bso/. ITB documents will not be mailed. Parties without access to

2.4.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS

If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents.

2.4.2 OREGONEBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1-855-800-5046 or by email at support.oregonbuys@das.oregon.gov.

2.4.3 OREGONBUYS REGISTRATION INFORMATION

Bidder must be registered in OregonBuys® to do business with the State. Registration is free.

To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

Current and correct registration information is the sole responsibility of the registered party.

Agency accepts no responsibility for missing or incorrect information.

2.4.4 FAILURE OF ELECTRONIC PROCUREMENT SYSTEM

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted through email to the SPC identified on the cover page of this ITB.

• Reference the ITB #S-62900-00015888

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.

https://oregonbuys.gov/bso/ mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf

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Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys.

Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

2.6 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

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 (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid electronically to SPC through email or through OregonBuys at https://OregonBuys.gov. For instruction on how to submit through OregonBuys, please click here.

Bids shall be submitted without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid. The Bid should be presented in a format corresponding and referencing the subsections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery. Bids submitted by any other method except email or through OregonBuys will be rejected.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature, and all required documents must be submitted on or before Closing (date and time). Bid submission shall be labeled in accordance with Section 3.2.4.

3.2.4 BID LABEL

The Bid shall be submitted with the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time) https://oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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• SPC Name

3.2.5 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time. A Bidder wishing to make modifications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.

• All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Oral, facsimile or telephonic modifications will not be accepted.

3.2.6 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.7 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.8 OPENING OF BIDS

A public Bid opening will be held “by appointment only.” Bidders who wish to attend a public opening of the Bids must notify the Single Point of Contact at least 48 hours prior to Bid closing, to allow time for planning. Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.3 Procurement Schedule or as changed by Addendum. However, the date and time of the public opening may be held at a later date and time, due to safety concerns. Public opening may occur via Zoom or Teams video conference, if ODF believes it is in the best interests of ODF staff and Bidders to do so.

If ODF decides to hold a Zoom or Teams conference for the Bid opening, Bidders will be sent instructions on how to join the meeting. The Bidders who choose to attend (via Zoom or Teams) will be informed only of the names Bid totals of Bidders submitting Bids. A list of Bidders and Bid totals will be posted to OregonBuys after Bid Opening.

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.

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3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

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 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

Bidder must provide three (3) references from similar projects performed for any clients within the last five (5) years. Information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS

Bidder must submit a Statement of Qualifications (SOQ). The SOQ must address the requirements outlined below. Bidders that do not demonstrate that they meet these minimum qualifications will not be considered for award. Each Bidder shall:

• Explain how the Key Personnel meet the minimum Personnel requirements listed below in subsection 3.3.6 Key Persons, and provide resumes for the Key Personnel.

3.3.6 KEY PERSONS

Bidder must identify Key Persons and the roles each will serve. Bidder must include resumes detailing background, experience and expertise related to the specific work. Bidder must provide contact information associated with previous work experience. 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 Contract. Agency shall determine in its sole discretion if relevant experience

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Botanist

• An undergraduate degree in botany, ecology, environmental science, or equivalent education and experience (e.g. number of years worked, certifications, etc.).

• Experience with taxonomic classification and field identification of vascular plants of the inland Pacific Northwest is required (at least three (3) field seasons preferred).

• Orienteering and photo interpretation skills are preferred.

3.3.7 BID REQUIREMENTS

Bidder must provide all information required in Attachment D of this ITB.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

4.2 RESPONSIBILITY DETERMINATION

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

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

Bid must contain a completed Bid Submittal Form (Attachment D).

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.4.1 STATEMENT OF QUALIFICATIONS REQUIREMENT

Bidder must submit a SOQ that meets all of the requirements in Section 3.3.5

4.4.2 KEY PERSONS REQUIREMENTS

Bidder must employ or contract Key Personnel that that meets all of the requirements in Section 3.3.6. Bidder may submit one or more Key Person(s) so long as all requirements are met.

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4.5 REFERENCES

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.6 PREFERENCES

4.6.1 OREGON SUPPLIES AND SERVICES

Reserved.

4.6.2 RECIPROCAL PREFERENCE

For bid calculation 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 Bidder in the Bidder's state.

4.6.3 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 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.

4.6.4 PUBLIC PRINTING

Agency shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.6.5 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.

4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

https://www.naspo.org/reciprocity1

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SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, Agency will issue a notice of Intent to Award on OregonBuys . Bid files are public records and available for review at Agency by appointment.

5.2 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,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.

5.3 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.

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

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

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SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public

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If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 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)