ITB 9485 Replacement Fence at Farewell Bend State Recreation Area~1.pdf

OPRD PROCUREMENT No. 9485

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OREGON PARKS AND RECREATION DEPARTMENT

INVITATION TO BID

Replacement Fence at Farewell Bend State Recreation Area

OPRD Procurement No. 9485

OregonBuys Opportunity No. S-63400-00006403

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TABLE OF CONTENTS

1.0 PROCUREMENT DESCRIPTION

1.1 Purpose

1.2 Scope of Services

1.3 Additional Information

2.0 SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule

2.4 OregonBuys System

2.5 Pre-Bid Meeting

2.6 Inquiries and Changes

2.7 Bid Requirements

2.8 Bid Opening

3.0 EVALUATION PROCESS

3.1 Substantial Compliance Required

3.2 Clarification of Bids

3.3 Responsiveness

3.4 Responsibility

3.5 Oregon Preference

3.6 Reciprocal Preference

3.7 Rejection of Bid Due to Certain Debt

3.8 Disqualification of Bids

3.9 Cancellation of Solicitation

3.10 Method of Award

3.11 Bidder References

4.0 AWARD PROCESS

4.1 Intent to Award

4.2 Contract Requirements

ATTACHMENTS:

Attachment 1 Bidder Information and Contractual Acceptance Form

Attachment 2 Pricing Proposal Form

Attachment 3 Bidder References

Attachment 4 Bidder Responsibility Form

Attachment 5 Sample Contract Form (including Exhibits)

Exhibit A: Statement of Services

Exhibit B: Insurance Requirements

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1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is seeking bids for Replacement Fence at Farewell Bend State Recreation Area in Baker County, Oregon.

As a result of this solicitation process, OPRD 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 5 (Sample Contract Form).

The anticipated term of the awarded Contract is from April 10, 2023 to June 30, 2023.

1.2 SCOPE OF SERVICES

The general scope of services is described in Attachment 5 (Sample Contract Form) Exhibit A (Statement of Services).

The final statement of work will be negotiated with the selected Contractor and set forth in Exhibit A of the Contract.

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 on State property.

1.3.2 OregonBuys

1.3.2.1 Registration Requirement: All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OPRD shall not be responsible for defective registration or incorrect vendor information.

1.3.2.2 Crosswalk of Terms

Terms used in OregonBuys

Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

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Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement;

price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.;

purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

1.3.2.3 ITB Attachments and Addenda. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header Information section;

• All ITB Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

1.3.2.4 Obtaining ITB Documents. This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso.

Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

2.0 SOLICITATION PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State 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.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/

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OPRD is conducting this Procurement in 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” or “Offeror” 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 “Contractor” means the Person with whom OPRD enters into a contract 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 delivered under the Contract resulting from this Solicitation Document.

2.2.7 “OPRD” 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 Pacific Time. OPRD may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys………………………..April 4th, 2023 @ 2:00 pm.

Deadline for Inquiries and Requests for Clarification……….April 10th, 2023 at 2:00 pm.

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Closing/Bids Due/Opening…………………………………………April 11th, 2023 at 2:00 pm.

Contract Awarded……………………………………………………..April 14th, 2023.

2.4 OregonBuys System

This Solicitation Document, including all Addendums and Attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Bidders.

2.5 PRE-BID MEETING

There is no pre-bid meeting for this solicitation.

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 in writing (via OregonBuys or email) 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, OPRD 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. OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum in accordance with section 2.6.4 below.

2.6.3 Changes to Solicitation Document. Changes to the Solicitation Document will be made only by Addenda issued by OPRD and posted on OregonBuys.

2.7 BID REQUIREMENTS

2.7.1 Bid Format. 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. Bidder Information and Contractual Acceptance Form

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The Bid must contain a completed Bidder Information and Contractual Acceptance Form (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 OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Pricing Proposal

The Bid must contain a completed Pricing Proposal Form (Attachment 2). All Pricing Proposals must be valid for 30 days from Closing.

C. Construction Contractors Board (CCB) Registration

Bidders must be licensed with the State of Oregon CCB prior to bidding. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION. Bidders shall provide their Construction Contractors Board (ORS 701.055) registration number in the space indicated on their Bidder Information and Contractual Acceptance Form (Attachment 1).

D. Contractor and Project Supervisor References

Bidder shall provide a list of three different project references with its Bid that can be contacted regarding the quality of workmanship and service that Bidder provided on projects of comparable size and scope.

2.7.3 Bid Submission. Bidder must be a registered Vendor in OregonBuys.

Bidder must complete and submit the following items, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB:

• ATTACHMENT 1 Contractual Acceptance Form

• ATTACHMENT 2 Pricing Proposal Form

• ATTACHMENT 4 Bidder Responsibility Form

2.7.3.1 Acceptable Delivery and Receipt. To be considered Responsive, Bids must:

• Be submitted via the OregonBuys procurement system:

https://oregonbuys.gov/bso/view/login/login.xhtml; AND

• Be received by OPRD prior to Closing/Opening.

2.7.3.2 Unacceptable Delivery and Receipt. OPRD will not accept or consider Bids that are:

• Submitted orally or by FAX,

• Received after the Closing date and time.

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 specified in OregonBuys for this ITB. Bidder must note the specific change(s) to the Bid submission. Modifications https://oregonbuys.gov/bso/view/login/login.xhtml

ITB 9485 Replacement Fence at Farewell Bend State Recreation Area.doc Page 8 of 17 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 Opening Date and time specified in OregonBuys for this ITB. To withdraw a Bid, Bidder may either submit a written notice signed by an authorized representative to the Single Point of Contact listed in section

2.6.1 or Bidder may use the “Withdraw Quote” button in OregonBuys to withdraw the Bid.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder.

2.7.7 Public Records; Trade Secrets. This Solicitation Document and one copy of each original Bid received in response to it will be kept by OPRD 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, each sheet of such information must be marked 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. Go to:

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

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

There will be no public Bid Opening. Bids will be opened at the Closing date and time specified in section 2.3 Procurement Schedule or as changed by Addendum. Bids received will not be available for inspection until after the evaluation has been completed and the Notice Award is issued. However, OPRD will record and make available the identity of all Bidders after Opening.

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.

3.1 SUBSTANTIAL COMPLIANCE REQUIRED

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

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Bids not in substantial compliance with ITB requirements cannot be considered, and cannot be supplemented by submissions delivered after Closing. However, OPRD may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

3.2 CLARIFICATION OF BIDS

During the evaluation process, OPRD 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 OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.3 RESPONSIVENESS

To be considered responsive, the Bid must substantially comply in all material respects with applicable solicitation procedures, requirements and solicitation documents. In making such evaluation, OPRD may waive minor informalities and irregularities.

3.4 RESPONSIBILITY

Prior to award of a Contract, OPRD will evaluate whether the apparent successfully Bidder meets the applicable standards of responsibility identified in ORS 279B.110 and OAR 137-047-0500. In doing so, OPRD may investigate Bidder and request information in addition to that required in the ITB, when OPRD, in its sole discretion, considers it necessary or advisable.

3.5 OREGON PREFERENCE

Awards shall be subject to preference for goods and services that have been produced or manufactured in Oregon, if price, fitness, availability and quality are otherwise equal (ORS 279A.120);

See also; OAR 137-046-0300.

3.6 RECIPROCAL PREFERENCE

Solely for the purpose of evaluating offers, OPRD will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, OPRD will add ten (10) percent to that Bidder’s Bid price. (OAR 137-046-0310). No such adjustments shall operate to amend Bidder's Bid or any Contract awarded pursuant thereto.

3.7 REJECTION OF BID DUE TO CERTAIN DEBT

Included among the reasons OPRD may reject a Bid, is if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

3.8 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.

3.9 CANCELLATION OF SOLICITATION

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Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.10 METHOD OF AWARD

Provided OPRD does not cancel the solicitation or reject all Bids pursuant to OAR 137-047-650, award will be made to the responsible Bidder that submits a responsive Bid with the lowest total Bid Price (including adjustments, if any, per section 3.6) for the items selected for award. Award will be made to one Bidder only. OPRD reserves the right to withdraw any item from award consideration if its in the best interest of the State to do so.

3.11 BIDDER REFERENCES

Bidder shall provide a list of three (3) different project references with the Bid that can be contacted regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope.

Bidder shall submit references using the form provided (Bidder References – Attachment X).

Information MUST contain all of the information requested from Attachment X.

4.0 AWARD PROCESS

4.1 INTENT TO AWARD

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

4.2 RESERVED

4.3 CONTRACT REQUIREMENTS

4.3.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and the terms and conditions contained in this Solicitation Document and the attached Sample Contract – Attachment 5.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 5 to this Solicitation Document.

A Bidder shall not make a Bid contingent upon OPRD’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 the Contract terms and conditions is described in section 2.6 of this Solicitation Document.

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

4.3.3 Insurance. Prior to execution of the Contract, the selected Bidder shall provide to OPRD certificates and additional insured endorsements of the insurance coverages identified in Attachment 5 (Sample Contract Form) Exhibit B (Insurance Requirements) or as otherwise specified in this Solicitation Document.

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ATTACHMENT 1

BIDDER INFORMATION & CONTRACTUAL ACCEPTANCE FORM

BIDDER SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH BID

BIDDER’S LEGAL NAME (BUSINESS): (TAX FILING) ________________________________________________

BIDDER’S MAILING ADDRESS: ________________________________________________________________

BIDDER’S BUSINESS DESIGNATION: (CHECK ONE)

Partnership Limited Partnership Limited Liability Partnership

Corporation Professional Corporation Limited Liability Company

Sole Proprietorship Other: ____________________________________________

BIDDER’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________

Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. State may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.

BIDDER’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________

(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)

Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.

BIDDER IS A RESIDENT BIDDER: YES NO

ORS 279A.120(1)(b): “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

BIDDER IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)

Minority Business Enterprise (MBE) Emerging Small Business (ESB)

Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE)

Service-Disabled Veteran Business Enterprise (SDVBE)

Go to https://www/oregon.gov/biz/programs/COBID/Pages/default.aspx for information on the COBID certification program.

BIDDER’S CONSTRUCTION CONTRACTOR’S BOARD REQUIREMENTS:

All contractors and subcontractors performing Work described in ORS 701.005(2) (i.e., construction Work) must be registered with the Oregon Construction Contractors Board or licensed by the Oregon State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.

CCB#_______________ EXPIRATION DATE:_______________

http://www.filinginoregon.com/ https://www/oregon.gov/biz/programs/COBID/Pages/default.aspx

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BIDDER’S CONTACT INFORMATION:

AUTHORIZED REPRESENTATIVE TITLE

PHONE FAX EMAIL

THE INDIVIDUAL SIGNING ON BEHALF OF BIDDER HEREBY ACKNOWLEDGES AND CERTIFIES THAT:

• He/she is authorized to act on behalf of Bidder,

• The supplied Bidder data is true and accurate,

• To the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws, For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS

320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. [ORS 305.380(4)]

• Bidder has completely read and understands the provisions of the Solicitation, including any Addenda issued,

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

• Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract,

• Bidder accepts and agrees to be bound by all the terms and conditions of the Contract awarded,

• Bidder agrees to provide all Goods and Services required to be provided under the Contract,

• Bidder has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’S objectives, and

• By submitting a response to this Solicitation, 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.

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE DATE

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ATTACHMENT 2

PRICING PROPOSAL FORM

Bidders shall enter pricing for all Bid Items listed in this Pricing Proposal Form. If this Pricing Proposal Form is replaced by Addenda then Bidders shall use the Addenda forms to provide pricing and other required information. If the Pricing Proposal Form is only modified by Addenda, then Offerors shall follow the instructions in the Addenda for making modifications to the Pricing Proposal Form. Failure to supply the required information in the Pricing Proposal Form or subsequent Addenda may result in Bid rejection as non-responsive.

The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary labor, equipment, accessories, materials, permits, and perform all Work shown and specified in accordance with the Contract Documents for the price(s) set below. All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to OPRD.

Bid Items:

Item # Description Unit Quantity Unit Cost Total Cost

1. Removal of Old Fencing Lump Sum

1 $ $

2. Construction of Drill Stem Fencing per Exhibit A – Statement of Work

Lump Sum

TOTAL BID (Lines 1-2) $

Bid price is total contract price including Contractor’s profit and overhead. The quantities listed in the Bid Pricing are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. OPRD reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities (See Contract Section 4.1 regarding Compensation and Amendments).

Bidder (Insert the name of the bidding entity):

Bid submitted by (The authorized individual submitting the bid on behalf of the bidding entity):

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ATTACHMENT 3

BIDDER REFERENCES

BIDDER REFERENCES

Bidder shall provide a list of three (3) different project references with the Bid that can be contacted regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope.

The list of three (3) different project references shall include the following information:

Bidder Project Reference #1

Name of Project:

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

Bidder Project Reference #2

Name of Project:

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

Bidder Project Reference #3

Name of Project:

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Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

The references are required to allow OPRD to determine if the references are supportive of the Bidder’s ability to meet the requirements of this ITB.

Bidder must provide references that can be contacted regarding the quality of workmanship and service provided to current and past customers.

OPRD reserves the right to choose and identify any reference, whether or not listed as references furnished by the Bidder, and to investigate past performance of any Bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of service on schedule, and its lawful payment of suppliers, subcontractors, and employees.

OPRD may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. The State may reject an offer if, in the opinion of the State, overall reference responses indicate inadequate performance.

OPRD will make three attempts to contact the references from the list provided by the Contractor.

Each reference contacted will be asked the same questions, including but not limited to: (1) quality of service;

(2) delivery; (3) responsiveness to reported problems, including orders and billing; (4) how well Contractor met the terms of the contract; and (5) whether the reference would choose to hire the Contractor again.

ITB 9485 Replacement Fence at Farewell Bend State Recreation Area.doc Page 16 of 17

ATTACHMENT 4

BIDDER RESPONSIBILITY

OPRD will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, OPRD may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO .

2. Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three years, has Bidder had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

ITB 9485 Replacement Fence at Farewell Bend State Recreation Area.doc Page 17 of 17

5. Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO .

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES

/ NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

6. Within the last three years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of his or her knowledge and believes the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB: 9485 Replacement Fence at Farewell Bend State Recreation Area

Authorized Signature Date