ITB 9451 Hares Shoefly Forest Thinning.pdf

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OREGON PARKS AND RECREATION DEPARTMENT

INVITATION TO BID

HARES SHOEFLY FOREST THINNING

TIMBER SALE

OPRD PROCUREMENT NO.: 9451

OREGONBUYS SOLICITATION No. S-63400-00007934

ATTACHMENTS:

Attachment 1: Contractual Acceptance and Certification of Eligibility to Purchase State Timber

Attachment 2: Timber Sale Bid Form

Attachment 3: Sample Timber Sales Contract

Attachment 4: Timber Sale Contract Exhibits A-F

Attachment 5: Timber Value and Project Cost Estimates

Attachment 6: State of Oregon Performance Bond Form

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1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (“State or Agency”) manages forest resources for the enjoyment of the public and protection of natural resources. State determines the sensitivity of a forest where management needs are identified, and will use the least disruptive harvesting practice feasible to manage its forest resources.

The State is seeking bids from qualified bidders to remove unprocessed timber from public property owned and managed by LL Stub Stewart State Memorial Park in Washington County.

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

1.1.1 TERM OF CONTRACT

This solicitation is designed to be a two (2) season operation, beginning at the signing of the contract and coming to completion, no later than December 31, 2024. Additionally, operations are designated to be conducted in the “dry” season and therefore operations will be State approved during the “winter and wet weather” season, generally, November 1 through February

29 yearly. No operations will occur during nesting season, March 1 through July 15.

1.2 SCOPE OF SERVICES

This contract designates operations to be conducted over two (2) seasons with specific operations to be conducted during each season.

SEASON 1 - Operations associated with season one (1) of this contract include operating in any unit other than Unit 5 or 7.

SEASON 2 - Operations associated with season two (2) of this contract include operating in unit 5 during the week of September 23, 2024 and unit 7 starting July 15, 2024 (each unit must be completed before moving to another unit).

State is offering for sale, unprocessed timber (“State Timber or “Timber”) originating on lands owned and managed by State. The Forest Resources Conservation and Shortage Relief

Amendments Act of 1993 (the “Act”), authorizes Oregon and other western states to prohibit the export of unprocessed timber from public lands. It will be unlawful for the selected Bidder to export this State Timber to any foreign destination.

SALE NAME & NO.: Hares Shoefly - Forest Thinning

ACTS AND REGULATIONS: Bidders shall comply with the following timber regulations:

• The Forest Resources Conservation and Shortage Relief

Amendments Act of 1993;

• ORS 526.801 to 526.831, and 526.992, Timber Export

Regulations

• Oregon Forest Practices Act 1972, as amended

HARVEST TYPE: Commercial Forest Thinning

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HARVEST METHOD: 124 acres of Ground-based harvest operations where felling shall be accomplished by utilizing a tracked harvester with processing head, or similar method.

40 acres of cable harvest operations where felling shall be conducted by way of hand-felling. Yarding operations shall be accomplished with cable yarding equipment and rigging configurations suitable to efficiently complete yarding operations with minimal resource damage.

BID OPTIONS: BID – Perspective bidders shall present a bid for all operations associated with the solicitation.

SALE LOCATION: LL Stub Stewart Memorial State Park. Located in portions of

Sections 9, 10 16 & 21 of Township 3 North, Range 4 West, W.M., Washington County, OR.

APPRAISED VOLUME & QUALITY:

Harvest

Unit Species

AVG

DBH”

3 SAW

(mbf)

Chip and Saw

(mbf) Pulp (tons)

Units 1-6, Douglas-fir 14.3 168 3.92 17.85

Unit 7 Douglas-fir 9.1 564.80 50.42 229.42

Units 8-12 Douglas-fir 7.7 169.32 17.42 79.24

Total by Grade: 902.12 71.76 326.51

PERFORMANCE SECURITY: A Performance Bond in the amount of $50,000 will be required as stated in Section 1210 of Attachment 6.

1.3 ADDITIONAL INFORMATION

1.3.1 Tobacco Free Properties

Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services or operating on State property.

1.3.2 Notices, Plans, and Permits

PURCHASER shall procure all Permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Operations, and shall maintain and keep such Permits and licenses current throughout the term of the Contract.

2.0 SOLICITATION PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

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State is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the Oregon Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code and under the authority granted in ORS

390.121(3) which gives the State Parks and Recreation Commission authority to offer forest products for sale.

Method of Procurement will be accordance with OAR 137-047-0270, Intermediate Procurements.

2.2 GENERAL DEFINITIONS

Capitalized terms in the Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR

Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS

Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

2.2.1 “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

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

2.2.3 “Bidder” means a Person that submits a Bid in response to this Invitation to Bid.

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

2.2.5 “Purchaser” means the Person with whom State enters into a contract for the sale of State

Timber pursuant to this Invitation to Bid.

2.2.6 “Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be sold under the Contract resulting from this Solicitation Document.

2.2.7 “State” means the Oregon Parks and Recreation Department.

2.2.8 “Person” means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

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

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

Solicitation Document.

2.2.11 “Solicitation Document” or “Invitation to Bid (ITB)” means this document, and all its attachments, which is issued to invite offers from prospective contractors pursuant to ORS

Chapter 279B.

2.3 PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are

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Pacific Time. State may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys .................................... ……………August 24, 2023, 2023

Deadline for Inquiries and Requests for Clarification………………...September 4, 2023 @ 2:00 PM

Closing/Bids Due/Opening ................................................................ …...September 8, 2023 at 2:00 PM

Contract Awarded (signed) ............................................................... ……………….September 11, 2023

2.4 OREGONBUYS NOTICE

This Solicitation Document, including attachments and any Addenda issued, is published on the

OregonBuys eProcurement system at http://oregonbuys.gov.

Bidders should check OregonBuys regularly up until Closing for any changes to the Solicitation

Document. State is not responsible for any errors or omissions from downloading the Solicitation

Document and any attachments.

2.5 VOLUNTARY SITE VISIT

There will be a voluntary on-site visit to view the timber sale area prior to the deadline for inquiries. The on-site visit will be on Wednesday, August 30, 2023 at 10:00 am to meet at the

Cabin Dale Meeting Hall. Interested parties may contact Oregon Parks and Recreation

Department Forester, Craig Leech, at 503-931-7159 for more information.

2.6 INQUIRIES AND CHANGES

2.6.1 Single Point of Contact. Bidders shall address ALL INQUIRIES related to this Solicitation to the individual identified below by any of the following methods:

NAME Bryant Hayes, Contracts Coordinator

EMAIL: bryant.hayes@oprd.oregon.gov

PHONE: 503-779-5566

2.6.2 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this Solicitation Document. Any request for clarification must:

• Be submitted via e-mail to the Single Point of Contact, and

• Be received by the deadline for inquiries designated in section 2.3 Procurement Schedule, or as changed by Addenda.

At its sole discretion, State will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on

OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. State’s clarification to a Bidder’s request, whether orally or in writing, does not change this Solicitation

Document and is not binding on State unless the Solicitation Document is amended by

Addendum in accordance with section 2.6.3 below.

2.6.3 Changes to Solicitation Document. Changes to the Solicitation Document will be made only by

Addenda issued by State and posted on OregonBuys.

2.7 BID REQUIREMENTS

2.7.1 Bid Format

http://oregonbuys.gov/

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Bids must be submitted on the forms and in the format required by this Solicitation Document.

Any specific forms required for Bid submittal are included as attachments to this Solicitation

Document.

2.7.2 Bid Content

The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to the following:

A. Contractual Acceptance and Certification for Purchase of State Timber Form.

The Bid must contain a completed Contractual Acceptance Form and Certification of

Eligibility to Purchase of State Timber (Attachment 1) including an original signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink.

By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon State’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Timber Sale Bid Form.

The Bid must contain the completed Timber Sale Bid Form (Attachment 2). All Bids must comply with the minimum requirements and must be valid for 30 days from Closing.

C. Minimum Requirements.

The Bid must comply with all minimum requirements and specifications described below.

• Experience. The Bid must contain information that clearly demonstrates Bidder has a minimum of three (3) years of professional experience within the past five years successfully providing services comparable to those described in this

Solicitation Document. The Bid must describe Bidder’s experience with harvest type and skill working around infrastructure and utilities.

D. Performance Bond. The Bid must contain information that clearly demonstrates that

Bidder has the resources required (labor, equipment, materials, etc.) to successfully provide the services described in this Solicitation Document in the timeframe required by

State.

NOTE: The selected Bidder shall furnish State with the executed performance bond in the form of Attachment 6 (State of Oregon Performance Bond) and in the amount of $50,000. The executed Performance Bond must be provided to State within 14 days of the Notice of Intent to Award and in accordance with Section 4.2, Conditions of Award below.

E. References.

The Bid must contain three (3) references, including valid contact information for each, from separate firms or clients that may be contacted to verify Bidder’s abilities and experience with respect to services provided within the past three years that are similar in size and scope to those described in this Solicitation Document.

At least one reference must substantiate Bidder’s experience with the timber harvest type, ground-based logging, and skill working around infrastructure and utilities

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References will not be scored but will be used to verify information submitted by Bidder.

2.7.3 Bid Submission. Bidder is solely responsible for ensuring its Bid is submitted via the OregonBuys e-procurement system and is received in accordance with the Solicitation requirements prior to

Bid Opening. State is not responsible for any transmission errors, delays, or mistaken submittal of

Bids.

2.7.4 Bid Modification. Any Bidder that wishes to make modifications to a Bid already submitted in

OregonBuys, shall submit its modification before the Bid Opening date and time as specified in this Solicitation. Bidder must note the specific change(s) to the Bid submission. Modifications made after Bid submission must be uploaded to OregonBuys after deleting prior submittal items, using the “Withdraw Quote” button.

2.7.5 Bid Withdrawal. If a Bidder wishes to withdraw a submitted Bid, Bidder shall do so prior to Bid

Opening by using the “Withdraw Quote” button.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by State.

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

Public Records Law, ORS 192.410 through 192.505, then Bidder must specifically indicate what information should be exempt and identify that information as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. State shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

For details go to https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2011ors192.html and scroll to Section 192.501(2).

By submitting a response to this ITB, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

2.8 BID OPENING

Bids and all required submittal items must be received by the Single Point of Contact via

OregonBuys on or before the Bid Opening. Bids received after Opening will be considered LATE and will NOT be accepted for evaluation.

3.0 EVALUATION PROCESS

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

Hares Shoefly Forest Thinning Page 8 of 11 the right to waive minor technicalities and the right to reject any and all Bids. State may reject in whole or in part, any Bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any Bid upon a finding of ORPD that it is in the public interest to do so.

3.1 CLARIFICATION OF BIDS

During the evaluation process, State may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by State. If State is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to State’s interpretation of the Bid without clarification.

3.2 DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3 CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, State may cancel this Solicitation or reject any and all

Bids in accordance with ORS 279B.100.

3.4 ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in section 2.7. Bids deemed nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in section 3.5 below.

3.5 MINIMUM REQUIREMENTS

Responsive Bids will be evaluated for compliance with the specifications and/or minimum requirements described in section 2.7.2.D. Bids deemed nonresponsive to the specifications and/or minimum requirements will be rejected. Bids deemed Responsive to the specifications and/or minimum requirements will be further evaluated as described in section 3.6 below.

3.6 PRICING

For all Responsive Bids, Pricing submitted in accordance with the requirements described in section 2.7.2.B will be evaluated to determine the highest total Bid for the selected items identified as those items to be used in award determination.

3.7 METHOD OF AWARD

Only Responsive Bids will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, State shall award the contract to the Bidder whose Bid will best serve the interests of

State, considering price but not limited to, experience, expertise, and contractor responsibility.

State reserves the right to reject any Bid not in compliance with the Solicitation requirements, and to reject any or all Bids upon a finding of State that it is in the public interest to do so.

3.8 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 125, State must:

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(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on Attachment 1 whether

Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9 BIDDER REFERENCES

State may contact any or all of the references provided by Bidder in response to Section 2.7.2.G to verify Bidder’s qualifications, abilities, and experience. State reserves the right to reject a

Bidder if the references fail to support Bidder’s ability to provide Services described in this

Solicitation Document.

3.10 BIDDER RESPONSIBILITY

In accordance ORS 279B.110, State may contact any references (whether or not provided by

Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide Services.

4.0 AWARD PROCESS

4.1 INTENT TO AWARD

State will notify all Bidders via Notice on OregonBuys of the selected Bidder. This announcement will serve as notice to all Bidders that State intends to award a contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

4.2 CONDITIONS OF AWARD

The selected Bidder shall present ALL documents listed below within 14 calendar days of the

“Notice of Intent to Award,” issued by State. Failure to present the required documents to State within the fourteen (14) calendar-day period may result in rejection of the Bid and disqualification of Award.

The Timber Sale Contract will not be executed by State until all of the documents listed below have been presented to State.

In no event shall Purchaser be permitted to conduct operations under the Contract before providing all of the following documents:

1) Exhibit B (Operations Plan) of the Contract;

2) Certificate of Liability Insurance with the coverages and limits required in Attachment 3;

3) Timber Sale Contract signed by the selected Bidder. State will provide Contract prepared for signature to the selected Bidder. State will not sign the Contract until all of the requirements above have been satisfied.

4) Furnish State with the executed performance bond in the form of Attachment 6 (State of

Oregon Performance Bond) and in the amount of $50,000.

4.3 PROTEST OF AWARD

If State receives only one Bid, State may dispense with the intent to award protest period described in this section and proceed with Contract award.

4.3.1 Protest Eligibility. A Bidder may protest State’s intent to award a contract if the Bidder is

Hares Shoefly Forest Thinning Page 10 of 11 adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest was successful and the reason for the protest is that:

• All lower Bids are nonresponsive;

• State has failed to conduct the evaluation of Bids in accordance with the criteria or processes described in the solicitation materials;

• State has abused its discretion in rejecting the protestor’s Bid as nonresponsive; or

• State’s evaluation of Bids or State’s subsequent determination of award is otherwise in violation of ORS chapter 279B or ORS chapter 279A.

A Bidder’s protest must be submitted to State in writing and must specify the grounds for the protest in order to be considered by State.

4.3.2 Protest Submission. The written protest must be received at the delivery address identified in section 2.6.1 within three (3) calendar days of State’s Notice of Intent to Award. The envelope containing the protest MUST be marked PROTEST and MUST identify the Solicitation number.

4.3.3 Response to Protest. State will consider any protest received by the deadline and respond in writing in a timely manner.

4.4 CONTRACT REQUIREMENTS

4.4.1 Contract Form. The Bid is an offer to enter into a timber sales contract that, if accepted for award, binds the Bidder to a contract and the terms and conditions contained in this Solicitation

Document.

The selected Bidder will be asked to sign a contract substantially in the form that is included as

Attachment 3 to this Solicitation Document.

A Bidder shall not make a Bid contingent upon State’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to Attachment 3 terms and conditions is described in section 2.6 of this Solicitation Document.

4.4.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the work set forth in this document.

4.4.3 Insurance. Prior to execution of Attachment 3, the selected Bidder shall provide to State certificates and additional insured endorsements of the insurance coverages identified in Section

1240 of Attachment 3 or as otherwise specified in this Solicitation Document.

5.0 Bidder’s Checklist. The table below is provided for Bidder’s convenience only.

ITEMS TO INCLUDE IN BID Comments Comments Completed and

Attached to Bid

(1) Contractual Acceptance Form and

Certification of Eligibility to Purchase

Timber

Attachment 1 Must be signed and initialed as noted in form.

(2) Timber Sale Bid Form Attachment 2 Must be signed.

(3) Experience (narrative) Recommend one 8.5”x11” white paper

Typed or clearly legible

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(4) References (3) Recommend

8.5”x11” white paper

Typed or clearly legible