ITB Elkhorn WLA GNA Auburn Tract final.pdf

ITB S-63500-00014533– Elkhorn Wildlife Area: Auburn Tract Cut and Pile

Notice to Proposers: This Attachment A Sample Contract Form, is provided for informational purposes only. Please do not return any portion of this sample contract Exhibits), with your Proposal.

STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Invitation to Bid (ITB) under OregonBuys Bid Number S-63500-00014533 for

ELKHORN WILDLIFE AREA: AUBURN TRACT CUT AND PILE

Date of Issue: August 18, 2025

Bid Opening Date and Time (Bid Due Date): September 04, 2025, Time 03:00 PM

Single Point of Contact (SPC): Kathy Blehm, Contract Specialist 2

Address: 4034 Fairview Industrial Dr SE City, State, Zip: Salem, OR 97302 Phone (voice): 503-509-1322 Phone (fax): 503-947-6156 E-mail: Kathy.m.blehm@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.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/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 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE ..............................................................................................................Error! Bookmark not defined.

2.4 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM .....................................................................................................................................Error! Bookmark not defined.

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) ....................................................................Error! Bookmark not defined.

4.5 REFERENCES

4.6 Reserved ............................................................................................................................................Error! Bookmark not defined.

4.7 PREFERENCES .................................................................................................................................Error! Bookmark not defined.

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 .................................................Error! Bookmark not defined.

7.6 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET (must be returned with Bid) ATTACHMENT C – REFERENCE CHECK FORM (must be returned with Bid) ATTACHMENT D – BID SUBMITTAL FORM (must be returned with Bid) ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN (must be returned with Bid) ATTACHMENT F – RESPONSIBILITY INQUIRY (must be returned with Bid)

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 for Services.

• Elkhorn Wildlife Area partners with the U.S. Department of the Interior agencies to improve wildlife habitat and reduce fuels to support the wildlife area operations. Fuels management services and vegetation treatments have been proven to increase forage production and mitigate wildfire hazards, lessen catastrophic fires, lessen the threat to public and firefighter safety, and reduce damage to property. The objective of this project is to increase the quantity and quality of forage production for wintering big game in the Auburn Tract of Elkhorn Wildlife Area and modify wildland vegetative fuel to reduce burn severity when a wildfire burns.

• Agency anticipates the award of one Contract resulting from this ITB.

• This work may be subject to prevailing wage rate.

1.2 STATEMENT OF WORK

The contractor shall furnish labor, equipment, supervision, transportation, operating supplies, and incidentals to Hand Severe and Hand Pile**; Hand Severe and Lop & Scatter and Flush cut stumps in the areas specified below and as outlined on the attached maps. The maps provide project areas and project access.

All Treatments (live and dead) junipers and other conifers according to the descriptions and specifications listed below. The maps attached identify access and units in the project area.

Project Location: This project is in the ODFW Elkhorn Wildlife Area: Auburn Tract, 7 miles Southwest of Baker City, Oregon. Approximately 65 miles Northwest of Ontario, Oregon and 54 miles Northeast of John Day, Oregon. Township 10S Range 39E Section 21, 22, 27, 28, 29 and Township 10S Range 39E SEC. 16 nw,ne/se, sw,se/sw, sw,se SEC. 17 ne/se SEC. 21 nw,ne/ne, nw/nw.

All Treatments (live and dead) junipers and other conifers according to the specifications listed below. The map attached identifies access and the canopy cover levels in the project areas.

TASKS:

Contractor will:

1. Hand severe conifer and western juniper on BLM lands per specs: Total 889 acres. Fuels reduction work will consist of manual hand thinning with chainsaws and **hand piling of conifer species

**Hand Piling will be a separate bid item.

Item 1 - 754 acres – Conifers and western juniper to be hand severed, lop, and scattered;

Item 1.1 - 135 acres –hand pile previously hand severed conifers and western juniper **

Cut and Lop Instructions 754 acres

1.1 The material to be treated consists of live vegetation, or down woody material created from vegetation treatments (such as harvest, thinning, or slashing, etc.)

or created through natural processes.

1.2 Slash shall be reduced to the extent that it is within 12 inches of the ground at all points. All limbs must be severed flush to the bole of the cut trees and limbs shall be cut less than 4 feet in length. Lop and scatter all existing slash so that all top and side branches are free of the central stem so that all the slash is reduced to ground level at all points.

1.3 The central stem length shall not exceed 8 feet, unless otherwise specified in the task order for longer lengths.

1.4 Cut all surplus conifer vegetation, including ALL live, western juniper not exhibiting two or more old growth characteristics, and all other conifers below 6 inches DBH (diameter breast height). Objectives will be to achieve a 16 x 16 foot spacing (25% variance), except for the trees that meet the following specifications:

• Trees with tags, bearing signs, blazes, flagging or paint marks (unless otherwise directed);

• Trees with cavity nests or stick nests;

• Trees having fence wire attached; these trees can be cut at the fence post height if it is within the diameter limit.

• Western Juniper trees with two or more old growth characteristics.

Trees that do not have the typical “cone” shape of younger trees. Instead, they have large spreading, irregular shaped crowns that are often rounded or flat topped.

Bark with thick, fibrous well developed vertical furrows;

Dead branches or tops, bark missing, often with abundant yellow or light green lichen;

Large horizontal lower limbs, often twisted;

Decay and/or hollow areas on main trunk;

Leader growth in the upper ¼ of the tree usually less than (<)

1 inch

1.5 Cut all standing dead juniper, dead mixed conifer less than 9 in DBH,

1.6 All target species within a fence line, if not feasible to be cut, shall be limbed to

5 feet in height and the limbs will be scattered.

**Total 135 acres (Hand pile/cover) – Secondary bid item

Material to be treated by hand piling is all slash between ¼ and no larger than 6 inches in diameter and greater than 2 feet in length. Slash less than ¼ inch in diameter or less than 2 feet in length may be left on the ground. Slash left on the ground shall not exceed 6 inches in depth. Task orders may request diameters less than 6 inches due to smoke management limitations.

Piling Specifications

1.1 Material larger than 6-inch diameter and stumps need to be a minimum of 5 feet from a hand pile to protect it when the hand pile is burned and to reduce smoke emissions.

1.2 All piles shall be constructed by laying limbs, stems, cut boles and other slash in the pile to be parallel with each other. This is exponentially important in mixed conifer stands where minimal needles are available on the material to be piled. On slopes over 15 percent materials shall be piled parallel to the slope so the material does not roll downhill. Slash that causes large air spaces in piles shall be cut or crushed to eliminate air spaces. Each pile shall include an area of small sized slash (small branches less than 1/4 to 1/2 inch in diameter and/or small branches with needles or leaves attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash. These fuels shall be placed in the center of the pile.

1.3 Unless otherwise approved by the contract administrator, maximum hand pile size shall be 8 feet in diameter by 8 feet in height, and minimum hand pile size shall be 6 feet in diameter by 5 feet in height.

1.4 Oregon Covering Requirements- All hand piles shall be covered with a minimum of 6-foot by 6-foot piece of 4-mil thickness black polyethylene plastic.

1.5 Hand piles shall be covered such that at least 80 percent of the pile’s surface area shall be covered. All four corners and the middle of the covering sheets shall be anchored with slash or other debris. The covering sheets must be placed in the top ¼ of the pile.

1.6 Unless otherwise approved by the COR, hand piles shall not be closer than 15 feet to reserve tree’s (leave tree’s) drip line, 10 feet from another hand pile, and 25 feet to a unit boundary.

1.7 Slash shall not be piled or placed on logs or stumps, in roadways, drainage or canal ditches, or within channel bottoms, streams or within no-treatment zones.

1.8 Piles shall be compact and free of dirt or other non-flammable material.

1.9 All target species within a fence line, if not feasible to be cut, shall be limbed to 5 feet in height and the limbs will be piled.

1.10 In areas of thinning and/or piling units where the slash loading is lighter, and a hand pile is constructed that is smaller than the minimum size stated in contract, the pile will be considered acceptable if all the required material to be piled as per contract, is picked up and placed in/on pile within 100 feet and 360 degrees around said pile. If one or more piles reside within 360 degrees, and 100 feet of one another, and are smaller than the minimum size requirements, pile not meeting size specifications will not be accepted.

2. Contractor will hand severe conifer and western junipers on ODFW lands per specs: Total 75 acres. Fuels reduction work will consist of manual hand thinning with chainsaws and hand piling of conifer species.

Specifications for Thinning:

1.) Cut all conifer species with in the project units that are 8” dbh and smaller regardless of species. A portion of the fuels reduction unit will include cutting and removing all non-merchantable material under larger overstory trees canopy driplines.

2.) Cut all western juniper that are 10” dbh and smaller or as defined by ODFW.

Remove all green branches down to ground level.

3.) Conifers to cut include all trees less than or equal to 8 inch DBH and over 1 feet tall.

4.) Cut trees that are significantly diseased, insect infested or deformed up to 10” dbh. Cut conifers shall be severed below the lowest live branch and stumps will be cut flush.

5.) Leave trees must not be damaged during the thinning operation.

6.) Stems removed from the project may be used for non-commercial uses such as posts, poles, and firewood as agreed upon by ODFW representative.

7.) The Oregon Forest Practices Act requires the landowner or contractor to obtain a "Notification of Operation" from the local State Forestry office at least 15 days prior to beginning the operation.

Specifications for Slash Piling:

1) Hand pile 90% of slash incurred as a result of the thinning operation. (reference BLM specifications 1.1,1.2,1.7 and 1.8 to follow on ODFW project area)

2) Hand pile approximately 90% of the current downed woody debris that is less than

6”, excluding debris that is already decaying into the soil.

The edge of hand piles will be at least 15 feet from the base of live trees or physical improvements. Maximum hand pile size is 8’ diameter by 8’ tall.

No portion of any pile may be under the crown of a living tree. These conditions must be met unless other provisions are made to protect residual trees.

4) Hand piling shall occur in a manner that allows the material in the piles to be fully consumed.

5) Minimal amounts of soil, other than soil adhering to the bark or contained in root wads, will be acceptable in piles.

6) The residual stand shall be protected at all times from damage caused by this practice.

7) Slash material from this practice may be used for posts, poles, or firewood as agreed upon by ODFW representative.

ODFW will:

1. Provide contract administration for all thinning and piling operations on BLM and ODFW owned lands

2. Coordinate with BLM Staff for tasks performed on BLM lands

3. Provide access to project areas

4. Provide payment for completed project

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 August 19, 2025 3:00 PM Answers to Questions and Clarifications Due

(approximate) August 21, 2025 5:00 PM

Bid Opening Date See cover page

(Due Date and time to submit Bids ) 6,7,Notice of Intent to Award (approximate) September 09, 2025

Contract Execution (approximate) September 11, 2025

Agency operating hours are:

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

1.4 DEFINITION OF TERMS

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

1.4.1 GENERAL DEFINITIONS

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

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

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

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

1.5 SINGLE POINT OF CONTACT

All questions, 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.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(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 PROCUREMENT METHOD

Agency is using the Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125-247- 0270.

2.3 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.

2.3.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at

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

2.3.2 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.

2.4 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 ;

• 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/Requests for Clarification identified in the Schedule

2.5 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 for a period of 180 calendar days from Opening.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

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 art work, 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 in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements 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

3.2.3 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.

• 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 not 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 B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

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

3.3.4 RESERVED

3.3.5 RESERVED

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

4.4 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.

4.5 RESERVED

4.5.1 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

4.6 METHOD OF AWARD

4.6.1 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.

SECTION 7: ADDITIONAL INFORMATION

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

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 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)

ATTACHMENT A

[Attach as separate Attachment or Insert Sample Contract Here]