ITB for Goods and Related Services 535-020-26.pdf

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STATE OF OREGON

Oregon Department of Fish and Wildlife, issues

Invitation to Bid (“ITB”) under OregonBuys® Bid Number

#S-63500-00015817 for

Profile Bar/Wedgewire Fish Screens

Date of Issue: 01/27/2026

Bid Opening Date and Time: 02/10/2026, Time 09:00 AM (Pacific Time)

Single Point of Contact (“SPC”): Ashley Kallberg

Address: 4034 Fairview Industrial Drive SE City, State, Zip: Salem, OR 97302 Phone (voice): 971-372-4431 E-mail: ashley.j.kallberg@odfw.oregon.gov mailto:ashley.j.kallberg@odfw.oregon.gov

ITB S-63500-00015817 – Profile Bar/Wedgewire Fish Screens

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Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

1.2 Schedule of Events

1.3 Reserved ..................................................................................... Error! Bookmark not defined.

1.4 Submission Requirements

1.5 Single Point of Contact

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys®

3.4 Reserved .................................................................................... Error! Bookmark not defined.

3.5 Pre-Bid Conference

3.6 Questions and Requests for Clarification

3.7 Protest of ITB

3.8 Amendments

3.9 Protest of Amendments

3.10 Bid Submission

3.11 Bid Delivery

3.12 Bid Modification or Withdrawal

3.13 Late Bids

3.14 Opening and Bid Review

3.15 Firm Offer

3.16 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 References

4.4 Reserved ..................................................................................... Error! Bookmark not defined.

4.5 Price Comparison (including application of preferences) and Ranking

SECTION 5: AWARD

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5.1 Notice of Intent to Award

5.2 Protest of Notice of Intent to Award

5.3 Method of Award

5.4 Contract Execution

5.5 Reserved .................................................................................... Error! Bookmark not defined.

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

6.2 Diversity, Equity, and Inclusion .................................................... Error! Bookmark not defined.

6.3 Government Bodies

6.4 Electronic Signatures

6.5 Cancellation and/or Rejection of Bids; Damages

6.6 Cost of Submitting a Bid

6.7 Ownership/Permission to Use Materials

6.8 Confidential or Proprietary Information; Public Records

6.9 Recycled Products

6.10 Checklist Disclaimer

6.11 COBID

ATTACHMENT A Sample Contract

ATTACHMENT B Bid Cover Sheet

ATTACHMENT C Reference Check Form

ATTACHMENT D Bid Pricing Form

ATTACHMENT E Responsibility Inquiry

ATTACHMENT F Certified Disadvantaged Business Outreach Plan

ATTACHMENT G Defined Terms

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SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through its Oregon Department of Fish and Wildlife, (Agency), is issuing this Invitation to Bid (ITB) for Goods and Services.

1.1.1. Background: Reason for soliciting, background information, and any other information helpful in understanding how you got to this procurement decision.

1.1.2. REQUIRED DELIVERY DATE FOR: APRIL 30, 22026

Agency anticipates the award of one Contracts resulting from this ITB. The initial term is anticipated to be 6 months with the option to extend.

1.2 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.

EVENT DATE TIME

Questions/Requests for Clarifications

Due

2/3/26 10:00AM

ITB Protests Period Ends 2/3/26

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

See cover page

Issuance of Notice of Intent to Award (approximate)

2/13/26 10:00AM

Notice of Intent to Award Protest Ends

7 days from Notice of Intent to Award

Agency operating hours are Monday through Friday 8:00 AM to 4:30 PM, Pacific Time, except for State holidays and State-approved closures, including those for inclement weather.

1.3 Reserved

1.4 Submission Requirements

The Bid must include the following mandatory forms in its submittal:

1.4.1 Attachment B – Bid Cover Sheet

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1.4.2 Attachment C – Reference Check Form

1.4.3 Attachment D – Bid Pricing Form

1.4.4 Attachment E – Responsibility Inquiry

1.4.5 Attachment F – Certified Disadvantaged Business Outreach Plan

The Bid may include the following optional forms in its submittal:

1.4.6 Optional: Public Records Exemption Statement and redacted copy of Bid

1.4.7 Optional: Completed Benefit Report required under ORS 60.768, if certified as a benefit company

1.5 Single Point of Contact

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

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

I. PROJECT TITLE: Profile Bar/Wedgewire Fish Screens

II. BACKGROUND or GENERAL INFORMATION and Purpose:

The program seeks a vendor to fabricate and deliver two stainless steel fish screen drums, constructed in a profile bar or wedgewire style, that meet National Oceanic and Atmospheric Administration (NOAA) criteria. These drums will be installed at two fish screen sites on the John Day River.

III. PROJECT DESCRIPTION, DESCRIPTION OF WORK and TASKS:

Project Description or Description of Work.

The contractor will fabricate and deliver two stainless steel rotary drum fish screens.

The screens must meet the specifications outlined below, including material, dimensions, slot size, and structural requirements.

Tasks for the Contractor:

1. Fabricate Fish Screen Drum for John Day River Site #19 (S-06-0214) o Type: Resistance-welded rotary drum screen

DAS State Procurement Services, Version 2.0 – July, 2025 6 o Diameter: 24” o Length: 96” o Slot Size: Maximum 0.069" (NOAA Criteria) o Material: Stainless Steel o Approximate Weight: 650 lbs o Includes:

Three 1/4" thick interior support plates (stainless steel) Two 3/8" thick end plates with keyed shaft collars, bolted to the end plates One 1-15/16" diameter stainless steel shaft, both ends keyed, overall length 106"

2. Fabricate Fish Screen Drum for John Day River Site #20 (S-06-0375) o Type: Resistance-welded rotary drum screen o Diameter: 30” o Length: 108” o Slot Size: Maximum 0.069" (NOAA Criteria) o Material: Stainless Steel o Approximate Weight: 800 lbs o Includes:

Four 1/4" thick interior support plates (stainless steel) Two 3/8" thick end plates with keyed shaft collars, bolted to the end plates One 1-15/16" diameter stainless steel shaft, both ends keyed, overall length 118"

3. Delivery:

o Deliver both fabricated drums to the John Day Screen Shop.

ODFW will:

1. Review vendor bid packages for accuracy and completeness

2. Select the vendor based on pricing and adherence to specifications

3. Inspect and accept delivery of fabricated drums

IV. DELIVERABLES AND SCHEDULE:

• Two fabricated stainless steel rotary drum fish screens delivered to the John

Day Screen Shop

• Delivery schedule will be mutually agreed upon at contract award

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V. PAYMENT METHOLODOGY

One-time payment upon verification that the fish screen drums meet all specifications and are delivered to the John Day Screen Shop

VI. DELIVERABLE REVIEW & ACCEPTANCE PROCESS

• ODFW staff will inspect the delivered drums to confirm compliance with NOAA criteria and project specifications

• Acceptance will be documented upon verification

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this ITB pursuant to its authority under OAR 125-+246-070(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.

3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Contract are found in OAR 125-246- 0110, and set forth in Attachment G or elsewhere in this ITB or its Attachments. For ease of reference, a link to the crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys®

3.3.1 OregonBuys® posting.

This ITB, including all Amendments, attachments and exhibits is posted in the State’s e-procurement system, OregonBuys®. ITB documents will not be mailed or otherwise delivered.

3.3.2 OregonBuys® Registration Information.

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

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR INFORMATION IS CURRENT

AND CORRECT IN OREGONBUYS®. AGENCY WILL ACCEPT NO RESPONSIBILITY FOR

MISSING OR INCORRECT VENDOR INFORMATION.

3.3.3 OregonBuys® Assistance

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf

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Parties needing assistance with OregonBuys® may contact the OregonBuys® Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

3.3.4 Failure of Electronic Procurement System

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

3.4 Reserved

3.5 Pre-Bid Conference

Agency will not hold a pre-Bid conference.

3.6 Questions and Requests for Clarification

All questions and requests for clarification, related to this solicitation must be in Writing. The preferred method of submission is through the Q & A tab located in OregonBuys®. If Bidder is unable to submit through the Q & A tab in OregonBuys®, Bidder may email the SPC. The submitted question or request must reference the OregonBuys® ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

3.7 Protest of ITB

Prospective Bidders may submit a Written protest of the ITB, including the specifications and requirements, the terms and conditions of the sample Contract, or the procurement process described in this ITB.

Prospective Bidder must submit the protest to the SPC via email. The protest must:

1. Include prospective Bidder’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds demonstrating how the procurement process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or o Improperly specifies a brand name;

4. Provide evidence and documentation supporting the grounds on which the protest is based;

5. Identify any proposed changes to the ITB provisions or other relief sought.

mailto:support.oregonbuys@oregon.gov

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Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Agency will not consider protests that do no not meet these requirements.

3.8 Amendments

Agency may change this ITB by written Amendment, posted to OregonBuys®. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

Prospective Bidder is solely responsible for checking OregonBuy®s to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

3.9 Protest of Amendments

A prospective Bidder may submit a protest of an Amendment by the date set forth in the Amendment, or if no date is set forth, then by the close of the next Business Day after the issuance of the Amendment, whichever is later. Unless otherwise specified in the Amendment, a protest to an Amendment must be submitted in the same manner as a protest of the ITB under Section 3.7 above.

3.10 Bid Submission

The Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers and include:

3.10.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B). Attachment B must be signed by Bidder’s authorized representative.

3.10.2 Bidder shall complete and submit the Reference Check Form (Attachment C). Bidder shall provide 3 references from project(s) of similar size and scope performed for any clients within the last 5 years. Forms must be completed by a reference, returned to Bidder, and submitted with the Bid. References should include references from state or federal entities that currently utilize, or within the last five years have utilized, the proposed Solution.

3.10.3 Bidder shall complete and submit the Bid Pricing Form (Attachment D).

3.10.4 Bidder shall complete and submit the Responsibility Inquiry (Attachment E). Attachment E must be signed by Bidder’s authorized representative.

3.10.5 Bidder shall complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.10.6 Public Records Exemption. If Bidder believes any portion of its Bid is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Bidder must submit a statement indicating the portions that are exempt and the statutory authority for the

DAS State Procurement Services, Version 2.0 – July, 2025 10 exemption, along with both an unredacted and a redacted version of its Bid. Please refer to section 6.8 for more in-depth information.

3.10.7 Benefit Company. If Bidder is an Oregon benefit company, Bidder must submit: (1) the complete benefit report required under ORS 60.768, and (2) certify that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

3.11 Bid Delivery

Bidder is solely responsible for ensuring its Bid is received by the Bid Opening Date. Agency is not responsible for any delays in delivery. Prospective Bidders may deliver Bids to Agency through OregonBuys® at: https://OregonBuys.gov .

Detailed instructions on how to submit a Bid can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20So licitation%20Response.pdf

Technical Difficulties: Larger files may take additional time to upload to OregonBuys®.

Bidders are responsible for allowing sufficient time to navigate the OregonBuys® system, upload files, and finalize and submit Bids via OregonBuys® prior to the Bid Opening Date.

If technical difficulties that are no fault of Bidder prevent submission of a Bid via OregonBuys®, Bidder must immediately notify the SPC in writing, via email, to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method.

3.12 Bid Modification or Withdrawal

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. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date. For assistance with making modifications or withdrawing a Bid submitted through OregonBuys®, please contact the OregonBuys® Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

3.13 Late Bids

Agency will not accept late Bids. Bids submitted on or before the Bid Opening Date will be accepted.

3.14 Opening and Bid Review

A public Opening of Bids will not be held for this ITB. A list of all Bidders will be posted on OregonBuys® within 5 business days of Bid Opening Date.

https://oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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Bids will be reviewed as set forth in Section 4.

3.15 Firm Offer

A Bid is a firm offer for 60 calendar days following the Opening.

3.16 Additional Rounds

If Agency believes additional rounds of review are necessary, Agency will post an Amendment on OregonBuys® defining the additional round(s).

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

Agency will review all Bids received prior to the Bid Opening Date to determine if a Bid is Responsive to all ITB requirements. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid.

Agency may waive mistakes in accordance with OAR 125-247-0470. If the SPC finds the Bid non-Responsive, the Bid may be rejected.

4.2 Responsibility Determination

Agency will review the Responsibility Inquiry (Attachment E), Bid Pricing Form (Attachment D), references and other information to determine if an apparent Successful Bidder is Responsible prior to award and execution of the Contract per agreement ORS 279B.110 or

ORS 279C.375.

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

4.3 References

Agency will review the Reference Check Form (Attachment C) submitted by Bidder. Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.4 Reserved

4.4.1 Reciprocal Preference. Pursuant to 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 Bidder's state.

4.4.2 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

DAS State Procurement Services, Version 2.0 – July, 2025 12 the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

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

4.4.4 Tiebreakers. If Agency receives Bids identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract by drawing lots as outlined in

OAR 125-246-0300.

4.5 Price Comparison (including application of preferences) and Ranking

After applying all preferences, Agency will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest.

Agency intends to award the Contract to the lowest Responsive and Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB and that provides the most favorable pricing (apparent successful Bidder). If this ITB authorizes the award of multiple Contracts, Agency will award the Contract to the Responsive and Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in this ITB.

SECTION 5: AWARD

5.1 Notice of Intent to Award

Agency will issue a notice of Intent to Award to the apparent successful Bidder on OregonBuys®. Bid files are available for review after issuance of the Notice of Intent to Award.

5.2 Protest of Notice of Intent to Award

5.2.1 Written Protest. An Affected Person has seven calendar days from the date of issuance of the Notice of Intent to Award to file a Written protest.

A Bidder is an Affected Person, only if Bidder would be eligible for award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

1. All lower Bids are non-Responsive.

2. Agency failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

3. Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

4. Agency’s evaluation of Bid(s) or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

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5.2.2 The Affected Person must submit the protest to the SPC via email or regular mail. The protest must:

1. Include protestor’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds for the protest; and

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

5.2.3 Agency will address all timely submitted protests meeting requirements within a reasonable time and will issue a Written decision. Protests that do not include the required information may not be considered by Agency.

5.3 Method of Award

Agency will award a contract to the Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder).

5.4 Contract Execution

Agency intends to enter into a Contract based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Prior to execution of the Contract, the apparent successful Bidder must submit the following to Agency:

5.4.1 Pay Equity Certification. If the value of the Contract exceeds $500,000 and Bidder has 50 or more employees, the apparent successful Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.4.2 Non-Discrimination. As a condition of receiving the award of a Contract under this ITB, the apparent successful Bidder must certify it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.4.3 Insurance. The apparent successful Bidder shall obtain and provide Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

5.5 Reserved

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

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

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This ITB is governed by the laws of the State of Oregon, specifically including ORS 279B.055 and OAR 125-247-0255. The venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon;

provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 Statement of Values

The State of Oregon is committed to taking active steps toward equity and inclusion in procurement processes for minority, women, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this opportunity. 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.

6.3 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.

6.4 Electronic Signatures.

BY SUBMITTING A BID IN RESPONSE TO THIS ITB, BIDDER AGREES WITH AGENCY THAT

SIGNATURES, AND OTHER FORMS OF AUTHORIZED REPRESENTATIVE CERTIFICATION,

SHOWING ON DOCUMENTS SUBMITTED VIA OREGONBUYS® OR EMAIL ARE “ELECTRONIC

SIGNATURES” UNDER ORS CHAPTER 84 AND, BIND THE SIGNING PARTY, AND ARE INTENDED

TO BE AND CAN BE RELIED UPON BY THE PARTIES.

6.5 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

DAS State Procurement Services, Version 2.0 – July, 2025 15 the Bid Opening Date identified in Section 1.2, all Bids will become part of the public record without obligation to Agency.

6.6 Cost of Submitting a Bid

Bidder 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.

6.7 Ownership/Permission to Use Materials

Bids submitted in response to this ITB become the property of the State. 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.

6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Contract, responses to this ITB are subject to public records 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, Bidder must submit a statement claiming the exemption and the statutory reason for the exemption and each page containing such information must identify the exemption provision and include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

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.

6.9 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)

6.10 Checklist Disclaimer

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Any checklists contained in this ITB are provided only as a courtesy. Agency makes no representation as to the completeness or accuracy of any checklist. Prospective Bidders are solely responsible for reviewing and understanding this ITB and complying with all requirements.

6.11 COBID

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certified small businesses in the following categories: minority-owned business, woman-owned business, veteran-owned business, or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

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ATTACHMENT A

SAMPLE CONTRACT

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ATTACHMENT B

BID COVER SHEET

Bidder Name (printed):

Address:

City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

Oregon Secretary of State Business Registry Number (if required):

The undersigned, as Bidder’s authorized representative, certifies that:

1. Bidder understands and accepts the requirements of this ITB. Bidder acknowledges receipt of any and all Amendments to this ITB.

2. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in Attachment A, as modified by Amendment, if any.

3. The costs set forth in Attachment D are firm for 60 Calendar Days after the Opening.

4. Bidder has no undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department of division of the State.

5. Bidder complies with and is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation taxes referenced in ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran owned business, or an emerging small business. If applicable, Bidder has, or will have prior to Contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. Agency may not enter into a Contract with an anticipated price of $150,000 or more with a Bidder that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

7. Bidder and Bidder’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of

Foreign Assets Control of the United States Department of the Treasury found at:

https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx

DAS State Procurement Services, Version 2.0 – July, 2025 19 https://www.treasury.gov/ofac/downloads/sdnlist.pdf, or B. the government wide exclusions list in the System for Award Management found at:

https://www.sam.gov/

8. Bidder certifies to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder shall promptly notify the State in writing.

9. Bidder certifies all contents of the Bid (including any other forms or documentation, if required under this ITB), and this Bid Cover Sheet are truthful and accurate and have been prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

10. Bidder understands any statement or representation made in response to this ITB, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" (as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Price Agreement being a "false claim" (ORS 180.750(2)) subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that act.

11. Bidder acknowledges these certifications are in addition to any certifications required in the Contract at the time of execution.

12. If Bidder is an Oregon benefit company, Bidder certifies that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

BIDDER, Authorized Representative

Signature: _______________________________________________________________________

Print Name and Title: _______________________________________________________________

Date: ____________

Email: ________________________

Telephone Number: (______) _________ https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sam.gov%2F&data=05%7C02%7CSandy.CLAVET-CONNOLLY%40das.oregon.gov%7C20d5c1c77a734944e43b08dd9723da80%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C638832902425383725%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=cEouPD556UvLKXydEeigOs5c2CFHproRy4Ils69Lgl0%3D&reserved=0

DAS State Procurement Services, Version 2.0 – July, 2025 20

ATTACHMENT C

REFERENCE CHECK FORM

REFERENCES COMPARABLE IN SIZE AND SCOPE: Bidder shall include references from 3 different firms who Bidder provided similar goods and/or services to within the last 5 years. Goods and/or Services must be comparable in size and scope of the goods and/or services detailed in this Project. Bidder must describe how the goods and/or services provided qualifies Bidder to provide the goods and/or services described in this solicitation. References must be available to confirm the quality of goods and/or services that Bidder provided.

Reference #1

Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of goods and/or services provided, include type, size, duration and objectives:

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this solicitation:

Describe the volume of work:

Reference #2

Name of Firm:

Reference Contact Person:

DAS State Procurement Services, Version 2.0 – July, 2025 21

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or

Reference #3

Name of Firm:

Reference Contact Person:

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or

DAS State Procurement Services, Version 2.0 – July, 2025 22

ATTACHMENT D

BID PRICING FORM

INVITATION TO BID

BID SUBMITTAL FORM

FOR OregonBuys Bid Solicitation # S-63500-00015817

ALL GOODS MUST be delivered No later than April 30, 2026

DELIVERY DATE PROPOSED BY BIDDER: calendar days from date of order.

Failure to provide a schedule or submittal of proposed schedule dates later than those required may result in Bid rejection. Submittal of schedule dates providing for earlier delivery than required by the State will bind the Bidder, should it be awarded the bid, but shall not be considered for award purposes.

Any reference to brand names is meant as descriptive not restrictive.

Alternate bids will be considered on products, which meet or exceed products indicated on quote.

Vendor is to mark clearly alternate proposals.

“OR EQUAL”: Any brand name listed in the specifications as “or equal” or “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost differences, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. AGENCY SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS “EQUAL.” When the designation is “or equal” or “equivalent” Agency shall make its decision after Bid Closing.

Vendor Name:

Federal ID No: OregonBuys ID #:

Vendor Address:

City: State: ZIP:

Vendor Phone: Vendor Fax:

CONTACT NAME – TITLE (Print):

DAS State Procurement Services, Version 2.0 – July, 2025 23

Vendor (COBID) Certification Number (If Applicable):

(Certification Office for Business Inclusion and Diversity)

Item Item Description Unit Cost: Quantity Total Cost

Fabricate Fish Screen Drum for John Day River Site #19 (S-06-0214) per specification in Exhibit A

EA 1

Fabricate Fish Screen Drum for John Day River Site #20 (S-06-0375) per specification in Exhibit A

EA 1

GRAND TOTAL

(INCLUDES ALL COST &

DELIVERY)

Signature of Vendor’s Authorized Representative:

Name (Print) ___________________________ Signature __________________________ Date ___________

ARE YOU A CERTIFIED FIRM IN OREGON?

Help Grow your Business in Oregon. Visit www.oregon4biz.com/How-We-Can-Help/COBID/

DAS State Procurement Services, Version 2.0 – July, 2025 24

ATTACHMENT E

RESPONSIBILITY INQUIRY

Bidder must complete and return this Responsibility Inquiry with its Bid. Agency will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, Agency 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.

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 .

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:

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:

1. Obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

2. Violation of federal or state antitrust statutes relating to the submission of bids, or

3. 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:

Within the last three years, has Bidder had:

DAS State Procurement Services, Version 2.0 – July, 2025 25

1. Any contracts terminated for default by any government agency, or

2. 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:

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 of the three questions immediately above, or “NO” on the third question, please provide additional details.

Response:

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:

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:

Pay Equity Certificate. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A .

If applicable, submit a copy of the certificate with this form.

Response:

DAS State Procurement Services, Version 2.0 – July, 2025 26

AUTHORIZED SIGNATURE: By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of their knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB:

Project Name:

By: ___________________________________________ Date: _________________________ Authorized Representative

DAS State Procurement Services, Version 2.0 – July, 2025 27

ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

Bidder Name: Date:

Contact Name: Telephone: Email:

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, veteran-owned businesses, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Bidder certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any evaluation.

1. Is Bidder an Oregon Certified Firm? Yes No

If yes, indicate all certification type(s): DBE MBE WBE SDV ESB and supply

Oregon State Certification Number: __________________________

2. Include a list of Certified Firms that Bidder has had a contractual relationship with within the last two years.

3. Include a list of firms that Bidder has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

4. Does Bidder foresee any subcontracting opportunities for this procurement? Yes No

If no, do not complete the rest of this form and submit this first page with your Bid.

If yes, please complete the following pages and submit all pages with your Bid.

DAS State Procurement Services, Version 2.0 – July, 2025 28

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONT.)

1. Describe the steps Bidder will take to solicit Certified Firms for subcontracting opportunities if awarded a Contract from this procurement.

2. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Contract.

3. Would Bidder be willing to report the identity of each subcontractor and the value of each subcontract to COBID if awarded a Contract from this procurement?

DAS State Procurement Services, Version 2.0 – July, 2025 29

ATTACHMENT G

DEFINED TERMS

For ease of reference, a crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in this attachment.

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys®) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum will be labeled as such and must be made available to all interested Bidders in accordance with OAR 125-247- 0305(8). The plural form of “Addendum” is “Addenda.”

“Amendment” “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

"Bid" (referred to as “Quote” in OregonBuys®) means Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

“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).

"Closing" (referred to as “Bid Opening Date” in OregonBuys®) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

“Master Blanket Purchase Order” (“MBPO”) Any form of contract, agreement, price agreement or on-call contract, etc., purchase order, or work order contract.

"Opening" means the date/time set to read the Bid submittals.

"OregonBuys® System" or “OregonBuys®” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services. The OregonBuys® System website is: https://oregonbuys.gov/bso/.

“Quote” Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

DAS State Procurement Services, Version 2.0 – July, 2025 30 required by a Bid Solicitation.

“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.

“Vendor” Any form of business entity registered in OregonBuys®.

CROSSWALK OF TERMS USED IN OREGONBUYS® Please see this link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf