ITB Cape Meares Lake Final.pdf

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number [OregonBuys Bid Number S63500-00007147] for

Purchase and Application of ProcellaCOR herbicide for Invasive Weed Treatment at Cape Meares Lake

Date of Issue: 06/20/2023

Bid Opening Date and Time (Bid Due Date): 06/30/2023, Time 02:00 PM

Single Point of Contact (SPC): Marcus Jones, Contracts Specialist 1

Address: [4034 Fairview Industrial Dr. SE] City, State, Zip: [Salem, Or.] 97302 Phone (voice): [503-947-6137] E-mail: [marcus.jones@odfw.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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 RESERVED ..........................................................................................................................................Error! Bookmark not defined.

2.3 RESERVED ..........................................................................................................................................Error! Bookmark not defined.

2.4 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 RESERVED ........................................................................................................................................Error! Bookmark not defined.

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY .......................................................................................................................................Error! Bookmark not defined.

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS ................................................................................................................Error! Bookmark not defined.

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

Exhibit B (Required Insurance); (must be returned with Bid) Exhibit C (Independent Contractor Certification) Exhibit D (Cape Meares Lake EMW Map);

Exhibit E (Bid Submittal Form); (must be returned with Bid) Exhibit F (Responsibility Form; (must be returned with Bid) Exhibit G (COBID Certification/ Outreach Plan) (must be returned with Bid) Exhibit H (Reference Check Form) (must be returned with Bid) Exhibit I (Bid Cover Sheet) (must be returned with Bid)

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract to eradicate Eurasian Watermilfoil from Cape Meares Lake which will restore angling and boating opportunity, eliminate safety hazards, restore water quality and habitat of the lake, and prevent the unintentional spread to other water bodies. ODFW anticipates the award of one contract resulting from this ITB.

1.2 SPECIFICATIONS

I. Title: Cape Meares Lake Invasive Weed Treatment

II. Background or General Information and Purpose:

Cape Meares Lake is 180-acre lake near Tillamook, OR that provides multiple recreational opportunities including but not limited to: angling, boating, and waterfowl hunting. The Oregon Department of Fish and Wildlife currently stocks over 13,000 rainbow trout annually to support recreational angling opportunity. The lake also supports self-sustaining populations of bluegill and largemouth bass which also provide angling opportunity. An Oregon State Marine Board boater survey in 2017 found approximately 800 boater days were spent on Cape Meares Lake and were split 50% between motorized and non-motorized boats.

The lake is geographically adjacent to the Cape Meares Community, and homeowners within this community appreciate the aesthetics of the lake and have a vested interest in its appearance and ecological well-being.

Sometime after 2018 Cape Meares Lake became infested with Eurasian Watermilfoil; a plant that was originally brought to the country as an ornamental aquarium plant and has since been unintentionally introduced into natural waterways. It is classified federally as a harmful introduced species and by the state as a noxious invasive species. The current density of Eurasian Watermilfoil in Cape Meares Lake drastically reduces angling and boating opportunity, creates a public safety hazard to recreational users of the lake, has negative impacts on water quality and habitat, and has a risk of being spread to other water bodies within the area and state.

The Oregon Department of Fish and Wildlife (ODFW) North Coast Watershed District plans to attempt to eradicate Eurasian Watermilfoil from Cape Meares Lake to restore angling and boating opportunity, eliminate safety hazards, restore water quality and habitat of the lake, and prevent the unintentional spread to other water bodies. Eurasian Watermilfoil spreads by fragmentation, making it easily transportable by boats from one water body to another. In addition, this makes it impossible to remove through mechanical methods. This must be done in a manner that does not affect the native vegetation of Cape Meares Lake, nor pose a substantial threat to users of the lake or the surrounding community.

As a result, ODFW intends to hire a licensed applicator to treat the Eurasian Watermilfoil in Cape Meares Lake.

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III. Project Description, Description of Work and Tasks:

The Contractor will conduct treatment of the entire eradicate Eurasian Watermilfoil.

A. Contractor will:

1. Provide ProCellaCOR Herbicide (herbicide) for treatment to Cape Meares Lake.

2. Conduct treatments between July 1, 2023, and August 15, 2023.

3. Treat Cape Meares Lake in two sections (See Exhibit D Cape Meares Lake EMW Map) with a systemic aquatic herbicide to target Eurasian watermilfoil in the lake.

4. Apply herbicide to lake at prescription dose rate of 1.5 per acre foot.

5. Treat the entire lake in two sections (See Exhibit D Cape Meares Lake EMW Map) with a rest period of at least 3 weeks between applications in order to avoid terminal dissolved oxygen levels for fish in the lake. Coordinate with Agency biologist for guidance in 3-week rest period.

6. Apply the herbicide by boat with subsurface injection. Contractor needs access to an airboat if areas of treatment don’t allow access with motorized boat.

7. Be required to obtain an Oregon Pesticide Applicator License with an Aquatic Endorsement and a PRO Certified ProcellaCOR Specialist Certificate .

B. Agency will:

1. Provide coverage for aquatic herbicide application under an existing Department of Environmental Quality Pesticide permit.

2. Coordinate with Contractor on treatment schedule and progress of project.

3. Coordinate public outreach and notifications to the surrounding community about treatment plans, timing, and applicable warnings.

4. Conduct post treatment monitoring.

5. Maintain Cape Meares Lake outlet to ensure no spillage and unintentional spread to other water bodies.

IV. Deliverables and Schedule The Contractor will conduct treatment of the entire 1,034.64 square acre-foot Cape Meares Lake in two sections (See exhibit D Cape Meares Lake EMW Map) between July 1, 2023, and August 15, 2023, with 1551.96 prescription doses per unit (DPU) of herbicide to remove Eurasian Watermilfoil. (Deliverable 1)

Project Schedule:

July 1, 2023-August 15, 2023, Contractor will conduct treatment of entire lake in two sections (See exhibit D Cape Meares Lake EMW Map) with herbicide to remove Eurasian Watermilfoil.

(Deliverable 1)

June 1- August 15,2024 Contract will conduct treatment of entire lake in two sections (See exhibit D Cape Meares Lake EMW Map) if July 1, 2023, to August 15, 2023, treatments were not met.

Commented [SM*O1]: I'm not familiar with this permit; is this different than the statewide DEQ pesticide application permit for vegetation that ODFW has?

Commented [SM*O2R1]: This is not correct. Please see the comment below for the correct license and certificate needed. Thanks.

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(Deliverable 1)

Other coordinated date (TBD)-Contractor will conduct treatment of entire lake in two sections (See exhibit D Cape Meares Lake EMW Map) with herbicide to remove Eurasian Watermilfoil if this date was coordinated and scheduled by Agency biologist. (Deliverable 1)

V. Payment Methodology

Payment will be made as follows:

1. Herbicide (prescription dose unit 1551.96 for 1,034.64 ac-ft lake)

2. Labor for two applications

3. Equipment use for two applications

4. Travel for two applications

VI. Deliverable Review and Acceptance Process

Deliverable 1: The Contractor will conduct treatment of the entire 1,034.64 square acre-foot Cape Meares Lake in two sections (See Exhibit G Cape Meares Lake EMW Map) between July 1, 2023, and August 15, 2023, with 1551.96 prescription doses per unit (DPU) of herbicide to remove Eurasian Watermilfoil.

Acceptance: Agency biologist will conduct visual post treatment monitoring to evaluate the success of the treatment and control of Eurasian Watermilfoil.

If Contractor is unable to treat the entire lake in two sections (See Exhibit G Cape Meares Lake EMW Map), between July 1, 2023, and August 15, 2023, the contractor will contact Agency biologist and discuss an alternate date for treatment. (Deliverable 1).

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due 6/25/23 10:00 AM Answers to Questions and Clarifications Due

(approximate)

6/26/23 10:00 AM

Bid Opening Date (Due Date and time to submit Bids )

6/30/23 2:00 PM

Opening of Bids 6/30/23 2:05 PM Notice of Intent to Award (approximate) 7/5/23

Contract Execution (approximate) 8/15/2024

Agency operating hours are:

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

1.4 DEFINITION OF TERMS

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

1.4.1 GENERAL DEFINITIONS

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

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

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

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

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is issuing this ITB pursuant to its authority under OAR 125-246-0171(2) and ORS 496.146(11). Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

2.2 (RESERVED)

2.3 (RESERVED)

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. ITB documents will not be mailed. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

2.4.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at https://oregonbuys.gov/

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(855) 800-5046 or email to support.oregonbuys@oregon.gov .

2.4.2 OREGONBUYS REGISTRATION INFORMATION

For Vendor Registration: visit https://OregonBuys.gov

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

Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number ; S63500-00007147

• Identify Bidders’s name and contact information;

• Refer to the specific area of the ITB being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for questions and clarification identified in the Section

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

2.6 ADDENDUM

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

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers until final delivery.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid both on electronic thumb drive media and hard copy. Hard copy version must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid. Agency requests Bids be submitted with the edges unbound.

The Bid should be presented in a format corresponding and referencing the sections contained mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

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3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements before Bid Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery for any reason. A Bid submitted by any means not authorized below will be rejected. The following delivery options are permitted for this ITB:

3.2.2.1 DELIVERY THROUGH OREGONBUYS

Bid submission should be electronically through OregonBuys. at: OregonBuys.gov

3.2.2.1.1 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL

OR PARCEL CARRIER

Bids may be submitted by: Mail or E-Mail, and, addressed as follows:

MAIL:

Purchase and Application of ProcellaCOR herbicide for Invasive Weed Treatment at Cape Meares Lake S-63500-00007147

OREGON DEPARTMENT OF FISH AND WILDLIFE

Marcus Jones / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

E-Mail Address: ODFW.Bids@odfw.oregon.gov When E-Mailing in bids, Proposers must address the Subject line as follows:

Subject: BID FOR Cape Meares Lake Invasive Weed Treatment S-63500-00007147

Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Bid Opening date and time. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Bid Opening.

A Bidder wishing to make modifications to a Bid already received by Agency must:

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

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

mailto:ODFW.Bids@odfw.oregon.gov

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

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

3.2.4 BID WITHDRAWAL

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, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will not be publicly opened and the names of all Bidders will be read by Agency at the location identified on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.

Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 BID OPENING

Bids must be submitted by Bid Opening Date to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment A, Exhibit E – Bid Submittal Form

• Attachment A, Exhibit F – Responsibility Inquiry

• Attachment A, Exhibit G – COBID Certification / Outreach Plan

• Attachment A, Exhibit H – Reference Check Form

• Attachment A, Exhibit I – Bid Cover Sheet

3.3.3 AUTHORIZED SIGNATURE

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

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3.3.4 REFERENCES

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

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

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

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

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS

Oregon Pesticide Applicator License with an Aquatic Endorsement and a PRO Certified ProcellaCOR Specialist certificate

3.3.6 (RESERVED)

3.3.7 BID REQUIREMENTS

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

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

4.2 RESPONSIBILITY DETERMINATION

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

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Contracts, Agency shall award the Contract to the Responsible Bidders whose

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Bids substantially comply with the requirements and criteria set forth in the ITB.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Bidder must have been in business for minimum of 5 years.

4.5 REFERENCES

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

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

4.6 RESERVED

4.7 PREFERENCES (RESERVED)

4.7.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.7.2 RECIPROCAL PREFERENCE

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

4.7.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.7.4 PUBLIC PRINTING

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

4.7.5 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the

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4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

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

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.2 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.3 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

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

SECTION 6: CONTRACT EXECUTION

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

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

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

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SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

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

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

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

7.3 COST OF BIDDING

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

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

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

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

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

Bidder is advised to consult with legal counsel regarding disclosure issues.

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

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, 535-211-23 Purchase and Application of ProcellaCOR herbicide for Invasive Weed Treatment at Cape Meares

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

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ATTACHMENT A

[Attach as separate Attachment or Insert Sample Contract Here]