ITB 5448~3.pdf

ITB #5448 [S-10000-00005899] – SUPPLY & INSTALL OF S2 CARD ACCESS CONTROL SYSTEMS

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES OFFICES OF

FACILITIES MANAGEMENT

SUPPLY & INSTALL OF S2 CARD ACCESS CONTROL SYSTEMS

Invitation to Bid (ITB) #5448

ITB NUMBER # S-10000-00005899

Date of Issue: 2/24/2023

Closing: 3/14/2023, Time 3:00 PM (Pacific)

Single Point of Contact (SPC): Vanessa Ytteroy, Procurement & Contract Specialist 3 Phone (voice): (971) 428-7297 E-mail: Vanessa.K.Ytteroy@odhsoha.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:Vanessa.K.Ytteroy@odhsoha.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION AND BRIEF PROJECT DESCRIPTION

1.2. ITB SCHEDULE

SECTION 2: STATEMENT OF WORK

2.1 BID PACKAGES

2.2 SCOPE OF WORK/SPECIFICATIONS

2.3 DEFINITION OF TERMS

2.4 SINGLE POINT OF CONTACT

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINMUM SUBMISSION REQUIREMENTS

3.3 MANDATORY PRE-BID SITE WALKTHROUGHS

3.4 OREGONBUYS

3.5 QUESTIONS/REQUEST FOR CLARIFICATIONS

3.6 PROTEST OF ITB

3.7 ADDENDUM

3.8 PROTEST OF ADDENDUM

SECTION 4: INSTRUCTIONS TO PROSPECTIVE BIDDERS

4.1 ACCEPTANCE PERIOD

4.2 BID SUBMISSION REQUIREMENTS (GENERAL)

4.3 PUBLIC OPENING

4.4 BID REQUIREMENTS (PASS/FAIL)

4.5 MINIMUM QUALIFICATIONS (PASS/FAIL)

SECTION 5: BID REVIEW METHODOLOGY

5.1 RESPONSIVENESS DETERMINATION

5.2 RESPONSIBILITY DETERMINATION

5.3 COST COMPARISON

5.4 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

5.5 RECYCLED MATERIALS

5.6 PUBLIC PRINTING

5.7 TIEBREAKERS

5.8 METHOD OF AWARD

SECTION 6: INTENT TO AWARD

6.1 INTENT TO AWARD NOTIFICATION

6.2 INTENT TO AWARD PROTEST

6.3 REQUIREMENTS FOR AWARDESS

SECTION 7: CONTRACT EXECUTION

SECTION 8: ADDITIONAL INFORMATION

8.1 GOVERNMENT BODIES

8.2 GOVERNING LAWS AND REGULATIONS

8.3 OWNERSHIP/PERMISSION TO USE MATERIALS

8.4 COST OF BIDDING

8.5 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

8.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

8.7 RECYCLABLE PRODUCTS

8.8 CHECKLIST DISCLAIMER

8.9 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – Sample Contract for Services ATTACHMENT B – Bid Cover Sheet ATTACHMENT C – Responsibility Inquiry ATTACHMENT D – COBID Outreach Plan ATTACHMENT E – Reference Check ATTACHMENT F – Bid Submittal Form ATTACHMENT G – Package #1 (Central Oregon) Building Plan and Card Reader Locations ATTACHMENT H – Package #2 (Columbia River) Building Plan and Card Reader Locations ATTACHMENT I – Package #3 (Portland) Building Plan and Card Reader Locations

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION AND BRIEF PROJECT DESCRIPTION

The State of Oregon, acting by and through the Oregon Department of Human Services, Office of Facilities Management (“OFM” or “Agency”), is issuing this Invitation to Bid (ITB) under the provisions of ORS 279B.055 and OAR 125-246-0170(2)(c)(F), and Delegation No. REQ-10000-00020921, as amended, for the provision, installation, and configuration of S2 Access Control Systems including card readers and may use any available optional procedures.

Agency intends to contract with one or more qualified vendors to provide, install, and configure all necessary equipment to add S2 NetBox Access Control and Event Monitoring Systems to six (6) buildings, card readers for ninety-six (96) doors, two hundred (200) multi reader cards per building (1,200 cards total), five (5) cameras (cameras only for Package #3 (Portland), one card printer per building (6 card printers total), and in-person system training for approximately three to four (3-4) onsite staff members.

As Agency building locations are spread regionally throughout the state, each building has been grouped into one (1) of three (3) packages in the surrounding areas with the intention of awarding more than one (1) vendor a contract(s). If multiple contracts are awarded Agency will choose the lowest priced, responsive, and responsible bid for each complete bid package.

Due to foreseeable reoccurring needs, the Agency intends to establish contracts for the Packages mentioned above as well as a price agreement for card readers and cameras on an as needed basis.

1.2. ITB SCHEDULE

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

EVENT DATE TIME (Pacific Time)

Mandatory Pre-Bid Walkthrough(s)

March 6th & 7th, 2023 (Full details below in Section 3.3)

(Full details below in Section 3.3)

Questions and Clarifications Due March 8, 2023 3:00 PM Answers to Questions and Clarifications Due

(approximate)

March 9, 2023

Addenda with Public Bid Opening Info February 27, 2023

ITB Protests Period Ends March 1, 2023

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

Opening of Bids March 14th, 2023 TBC OREGONBUYS Notice of Intent to Award

(approximate)

March 17th, 2023

SECTION 2: STATEMENT OF WORK

2.1 BID PACKAGES

Package #1 (Central Oregon) Includes procuring, installing, and programming all material/ equipment needed to install a S2 system, card printer, thirty- four (34) card readers to doors, and providing in-person training to approximately three to four (3 to 4) onsite staff members in the three (3) Agency locations specified below:

• 678 Cypress St., Madras, OR 97741– Is a two (2) story Agency building with drop-in tile ceilings and requires card readers for fourteen (14) doors

• 457 Ochoco Plaza Dr., Prineville, OR 97754 – Is a single (1) story Agency building with drop-in tile ceilings and requires card readers for thirty (30) card access doors

• 1135 SW Highland Ave., Redmond, OR 97756 – Is a single (1) story Agency building with drop-in tile ceilings and requires card readers for thirty (30) doors

Package #2 (Columbia River) Includes procuring, installing, and programming all material/ equipment needed to install a S2 system, card printer, fifty- two (52) card readers to doors, and providing in-person training to approximately three to four (3 to 4) onsite staff members in the two (2) Agency locations specified below:

• 700 Union St., The Dalles, OR 97058 – Is a two (2) story Agency building with drop-in tile ceilings and requires card readers for thirty (30) doors

• 1610 9th Ct, Hood River, OR 97031 – Is a single-story building with drop-in tile ceilings and requires card readers on twenty-two (22) doors

Package #3 (Portland) Includes procuring, installing, and programming all material/ equipment needed to install a S2 system, card printer, ten (10) card readers to doors, five (5) cameras, and providing in-person training to approximately three to four (3 to 4) onsite staff members in at the Agency location below:

• 1425 NE Irving St., Portland, OR 97232 – Is a two (2) story building with drop- in tile and enclosed ceilings where cameras are to be mounted.

Please refer to the attached Building maps in Attachments G-I marking the door locations (and camera locations marked in Package #3 only) as it’s intended Bidders provide complete project pricing including coordinating the work with Agency.

Card Reader and Camera Pricing As the Agency foresees an ad hoc need for card readers and/or cameras please provide additional pricing by camera and/or card reader unit. Please ensure all shipping and installation costs are included in the pricing per card reader and/or camera, as installations would be required in Agency locations throughout the State of Oregon.

2.2 SCOPE OF WORK/SPECIFICATIONS

1. Labor and Equipment: The winning Bidder is responsible for the provision of all labor and equipment required to perform the work including the supply, installation, and programming of specified Access Control & Event Monitoring Systems and card door readers in the locations specified (including the camera installation in Package #3 only).

2. Meetings; Project Schedule: The winning Bidder will be required to participate in at least two mandatory (2) (maybe more) meetings with Agency after the execution date of a resulting Contract. These meetings may be in person or via video at Agency discretion. Contractor will collaborate with Agency representatives to determine project scheduling, and timeline. The timeline should include the lead time for equipment purchases.

*Please note all work for any project will occur during normal business hours of 8 AM to 5 PM PT unless otherwise specifically authorized by Agency manager.

In addition to the mandatory meetings, additional meetings may be required for the winning vendor(s) and other trade service personnel involved in this project. OFM will schedule and coordinate the meeting times and locations with the successful vendor(s). These meetings may be in person or via video at Agency discretion.

Delivery dates to be agreed upon by Contractor and Agency during mandatory meetings mentioned above.

3. Specifications:

3.1. Package #1: Manufacturer or industry standard that meets the requirements of the package.

3.2. Package #2: Manufacturer or industry standard that meets the requirements of the package.

3.3. Package #3: The five (5) cameras for Package #3 (Portland) must be HIKVISION DS-2CD6D24FWD- IZHS Multi-Sensor PanoVu 8MP Flexible Series Camera.

4. Access Control System must be Lenel S2 Netbox Extreme

5. Access Control Door Card Readers must be HID RP40 MLTCLS SE, PRX, WIEG, PIG, BK, HID RP 40.

6. Prevailing Wage Rates/BOLI Requirements: (BOLI Requirements if applicable): Work under the Contract may be subject to prevailing wage rates if Bids exceed $50,000.00 Bidders are expected to know and include BOLI PWR in their total bid price. The Bidders and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates which can be viewed via https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx. As the work locations are regionally across Oregon, Bidders to ensure BOLI wages by county are considered for Bid(s).

https://us.hikvision.com/en/products/cameras/network-camera/smart-series/specialty/multi-sensor/multi-sensor-panovu-8mp-flexible https://us.hikvision.com/en/products/cameras/network-camera/smart-series/specialty/multi-sensor/multi-sensor-panovu-8mp-flexible https://www.lenels2.com/en/us/security-products/netbox/netbox-extreme/ https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

7. Construction Contractors Board (CCB): If applicable and before starting Work the Bidder(s) shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Bidder shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

8. Trash and refuse: All trash and refuse materials generated by this job shall be hauled away daily by the winning Bidder(s), at their own expense.

9. Punch List Walk-Through: Upon completion of the work and prior to acceptance, the winning Bidder shall conduct a punch list walk-through with Agency representative. The winning Bidder(s) shall correct any discrepancies listed by Agency on the punch list within 24 hours of notification.

10. Insurance Requirements: During the term of the resulting Contract the winning Bidders (designated as winning vendors upon award) shall maintain the following insurance, at the winning vendors expense, as noted below:

• Workers' Compensation: All employers, including Winning vendors, that employ subject workers who work under this contract, as defined in ORS 656.027, shall comply with ORS

656.017 and shall provide the Workers' Compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Winning vendors shall require and ensure that each of its subcontractors complies with these requirements.

• Commercial General Liability: Commercial General Liability insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage for the indemnity provided under this Agreement. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000.00 per occurrence. Annual aggregate limit shall not be less than $2,000,000.00.

• Automobile Liability Insurance: Winning vendors shall have a combined single limit of not less than $1,000,000.00 for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. This coverage may be written in combination with the Commercial General Liability insurance.

• The apparent successful winning Bidder shall provide a Certificate of Insurance within three (3) business days upon notification of award. Failure to do so may result in the apparent winning Bidder to be deemed nonresponsive and allow Agency to award the contract to the second ranked Bidder. Agency shall be listed as an additional insured on the Certificate of Insurance.

11. Contract for Services Sample including Terms and Conditions of a PO are as per the Sample Contract for Services form in Attachment A.

12. Shipping & Freight Costs: All products and services for this Project must be shipped Freight on Board (FOB) to the site location. All freight charges must be included in the Package Total Bid Price on the Bid Submittal Form (Attachment F).

13. Package Total Bid Price: The lowest responsive, responsible Bidder(s) will provide all labor and equipment required to perform the work requested.

• If applicable to the project, the Package Total Bid Price must include all costs (including PWR’s/BOLI wages if applicable) for project(s).

• Costs are described as follows: equipment, parts, materials, building permits, additional supplies, packaging supplies, equipment, tools, travel costs, delivery costs, trash removal, labor costs, cost to attend the walk-through and coordination meetings, costs for Bid preparation, and cost for insurance certificates used as part of, or in connection with the Project at the Agency Facilities must be included in the Package(s) Total Bid Price.

• Any counter offers, or additions to the State of Oregon Terms and Conditions that are added to the Package Bidders Bid, which conflict with the State of Oregon Contract for Services, shall render the Bid as a non-responsive bid.

• All Packaging Pricing must be by Bid Package as per Attachment F.

• Bid Packages may not be split and should align with Bid Package Listings per the Bid

Submittal Form.

• Each address(es) within the Bid Package must be priced. I.e., To submit a bid for Package #1, all three (3) addresses within Package #1 must have pricing. To submit a bid for Package #2, both addresses within the package should be priced, and so forth.

• Bidders may vote for any or all Bid Package(s) #1-3.

• Single unit card readers and/or cameras should not be included in the total package prices on Attachment F as the Agency intends to establish pricing for cameras and/or card readers on an ad hoc basis during the terms of the contract(s).

14. Cost: No additional charges will be paid other than the Package Total Bid Price in Attachment F. Any additional work discovered during the Project must be approved in writing by Agency, prior to winning vendors performing any additional work.

15. Payments: The Successful Bidder shall invoice upon the completion of the Agency Facility Project as described in the Contract.

• Agency must inspect and accept that portion of work prior to payment.

• Copies of all applicable permits must be submitted with the invoice.

• Travel: Agency will not reimburse Contractor for any travel or additional expenses under this Contract.

2.3 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 Sample Trade Services Contract attached as Attachment A.

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.

2.4 SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests 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.

https://oregon.public.law/rules/oar_125-246-0110

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

Minimum Qualified Bidder Requirements: Bidders must have the ability to integrate existing ACS and VMS components into a newly installed or upgraded physical security system. These physical security systems are complex and include network video hardware and software, access control hardware and software, and database servers located at the field office and central office locations throughout the State.

Bidders will provide with Bid proof of certifications for technicians and any subcontractors. Certifications include current Lenel Level S2 Certification and Milestone Certification Integration Technician (“MCIT”).

3.2 MINMUM SUBMISSION REQUIREMENTS

To be considered for evaluation Bids must contain a completed copy of each of the below:

ATTACHMENT B – Bid Cover Sheet ATTACHMENT C – Responsibility Inquiry ATTACHMENT D – COBID Outreach Plan ATTACHMENT E – Reference Check ATTACHMENT F – Package Bid Submittal Form

3.3 MANDATORY PRE-BID SITE WALKTHROUGHS

Mandatory Pre-Bid Walkthroughs: Mandatory walk-throughs of all Agency site locations are by Package. Bidders are encouraged to review the floor plans found on Attachment G-I before attendance to familiarize themselves with the project. Bidders must confirm attendance and company info for each Package before the walkthrough via the google links below:

Package #1- March 6th, 2023. Redmond 1:00, Prineville 2:00, Madras 3:00

Package #2 & Package #3- March 7th, 2023 The Dalles 9:00, Hood River 10:00, Portland, Noon.

Package # DATE TIME LOCATION

1 (Central Oregon) March 6th, 2023 3:00 PM 678 Cypress St., Madras , 97741

1 (Central Oregon) March 6th, 2023 2:00 PM 457 Ochoco Plaza Dr., Prineville 97754

1 (Central Oregon) March 6th, 2023 1:00 PM 1135 SW Highland Ave, Redmond, 97756

2 (Columbia River) March 7th, 2023 9:00 AM 700 Union St., The Dalles, 97058

2 (Columbia River) March 7th, 2023 10:00 AM 1610 9th Ct., Hood River, 97031

3 (Portland) March 7th, 2023 12:00 PM (noon) 1425 NE Irving St., Portland, 97232

Bidders are expected to plan their own route to and from these locations. Statements made at the pre-Bid walk-throughs are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency.

3.4 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on Oregon Buys at https://oregonbuys.gov/bso/. All vendors must be registered in OregonBuys to conduct business with the State. It is free to create a vendor account by clicking the blue “Register” button in the top right corner of the OregonBuys website. For registration assistance see vendor registration guidance. Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information. Parties requiring assistance with OREGONBUYS may contact the Support Desk at support.oregonbuys.das.oregon.gov.

https://docs.google.com/forms/d/1zoF9aUevDzSDEESXEYcLJ97vu_dknHw7zDGnito3xFY https://docs.google.com/forms/d/1NF0yQNTRokvGlRrM3uM7rSUIWFbORWWlW4zxVO6tZu4 https://docs.google.com/forms/d/1QsxhY8rJKh5k8m_LkdEOlpi5bwd4Kz19oSmifGtatMA https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso mailto:support.oregonbuys.das.oregon.gov

3.5 QUESTIONS/REQUEST FOR CLARIFICATIONS

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

Be submitted in writing cc’ed to the SPC identified on the cover page of this ITB via the OregonBuys solicitation page.

• Reference the ITB #5448 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 1.2 of this

ITB.

Agency will respond to questions and requests for clarifications through OREGONBUYS only.

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

3.6 PROTESTS OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing to the SPC identified on the cover page of this ITB via email.

Protests must be submitted by the due date in Section 1.2, or Section 3.7 for Addendum. Agency will not consider protests received after these deadline(s).

• Protests must include: Protestor name and contact information;

• The ITB #5448 ;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the protest is based.

• Any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency. Protests will be received only by emailing the SPC identified on the solicitation cover page.

3.7 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.

3.8 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 4: INSTRUCTIONS TO PROSPECTIVE BIDDERS

4.1 ACCEPTANCE PERIOD

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

4.2 BID SUBMISSION REQUIREMENTS (GENERAL)

• ELECTRONIC Bid Format and bid submission: The only accepted bid delivery mode for this solicitation is via OregonBuys. Bidders shall submit Bids in PDF or Word formatting electronically without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Bid.

• Detailed instructions on how to submit a Bid can be found at OregonBuys Vendor Formal Solicitation Response.pdf

• 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 facsimile (fax) or by e-mail will be rejected.

• Quantity of Bids to be Submitted: One Bid with original or electronic signature, and all required documents must be submitted on or before Closing (date and time) to OregonBuys.

• 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 to make modifications and resubmit the Bid

• 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, fax, or telephonic modifications will not be accepted.

• Bid Withdrawal: If a Bidder wishes to make modifications to a submitted Bid, the Bidder must submit its modification through OregonBuys. To be effective the modification must include the OregonBuys bid number and be submitted prior to Opening. If a Bidder wishes to withdraw a submitted Bid, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number

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

https://oregonbuys.gov/bso/ 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

4.3 PUBLIC OPENING

A public opening will be held virtually via Zoom. Meeting log-in information to be posted via Addendum February 27, 2023.

4.4 BID REQUIREMENTS (PASS/FAIL)

• Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any ITB requirements listed in this solicitation MAY be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this ITB.

• Closing: Bids must be submitted by Closing to be considered.

• 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

• Authorized Signature: The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract(s) 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.

• 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.

• 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.

4.5 MINIMUM QUALIFICATIONS (PASS/FAIL)

• Bidders minimum requirements:

• Bidders must have current, valid certificate(s) of registration issued by the Construction Bidder’s Board as defined in ORS 701.005(2) at the time the Offer is made. The Agency will deem a Bid that fails to comply with this rule nonresponsive and will reject the Bid as unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

• Bidders must be registered with the Oregon Secretary of State to conduct business in Oregon.

• Bidders must meet all insurance requirements in “Insurance Requirements” section herein.

• Bidders must meet Bidder reference requirements listed herein.

SECTION 5: BID REVIEW METHODOLOGY

5.1 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.

5.2 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.

5.3 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. If the ITB authorizes the award of multiple Contracts, Agency shall award the Contract to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

SPC will compare Bid Package pricing to award each complete Package to the lowest responsive and responsible Bidder.

5.4 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

Reserved.

https://sos.oregon.gov/business

5.5 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.

5.6 PUBLIC PRINTING

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

5.7 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.

5.8 METHOD OF AWARD

• GENERAL AWARD

Agency will apply all necessary preferences in its comparison of the cost. Agency must award the Contract to the Responsible Bidder(s) 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.

SECTION 6: INTENT TO AWARD

6.1 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.

6.2 INTENT TO AWARD PROTEST

• An Affected Bidder shall have 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.

• Protests must:

• Be delivered to the SPC via email.

• 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

• 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.

6.3 REQUIREMENTS FOR AWARDS

• 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, Bidder shall comply with ORS 652.220 and shall not discriminate against any of Bidder’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.

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

Bidder may not prohibit any of Bidder’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Bidder 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.

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.

OTHER REQUIRED INFORMATION

• Insurance

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Section 2.

SECTION 7: 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.

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

SECTION 8: ADDITIONAL INFORMATION

8.1 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.

8.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/

If the Contract has potential subcontracting opportunities, the successful BIDDER may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

8.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, 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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

8.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Bids are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

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.

8.5 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.

8.6 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.

https://oregon4biz.diversitysoftware.com/

8.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Bidder shall include information in its Bid that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website http://www.oregon.gov/dasand use the search bar feature to locate the procedure.

8.8 RECYCLABLE PRODUCTS

Bidder shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract/Price Agreement. (ORS 279B.025)

8.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this ITB are provided only as a courtesy to prospective Bidder.

Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Bidder is solely responsible for reviewing and understanding the ITB and complying with all the requirements of this ITB, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of this ITB.

8.10 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) http://www.oregon.gov/das

4.5 MINIMUM QUALIFICATIONS (PASS/FAIL)