ITB for GPS Collars .pdf

ODFW Tracking #: 119-23 OregonBuys Tracking #: S-63500-00007403

STATE OF OREGON’S DEPTPARTMENT OF FISH AND WILDLIFE

COVER PAGE

GPS Collars for Black Tailed Deer

Invitation to Bid (ITB) for a Goods and Service Contract

OPEN MARKET BID S-63500 -00007403

Date of Issue: 06/29/2023

Closing: 07/18/2023, Time 3:00 PM (Pacific)

Single Point of Contact (SPC): Kathy Blehm PCSII

Issuing Office: Oregon Department of Fish & Wildlife / Contract Services

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, OR 97302

Phone (voice): 503-947-6169

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.

mailto:kathy.m.blehm@ODFW.oregon.gov

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 PROCUREMENT METHOD

2.3 Oregon buys

2.4 QUESTIONS AND CLARIFICATIONS

2.5 PROTEST OF ITB

2.6 ADDENDUM

2.7 PROTEST OF 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 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 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

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET & BID SUBMITTAL FORM

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – RESERVED

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“ODFW” or “Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Goods for 30 Iriduim GPS collars that will fit Black Tailed Deer. These collars will be used in wildlife research throughout Western Oregon forests.

The Oregon Department of Fish and Wildlife is currently accepting Bids for the purchase and delivery of GPS radio-transmitter collars and Fawn GPS Collars with Vaginal Implant Transmitters (VITs), with needed Services. Adult collars must have programmable break-off links that detach the collar from the deer. Collars will be Iridium satellite compatible with VHF beacons at user-defined frequencies for placement on Black Tailed Deer. Vendor must be able to deliver all GPS collars and VITs with user defined VHF beacon frequencies no later than November 30, 2024. Prices must be inclusive of taxes, shipping, and any importation tariffs needed for companies bidding outside the United States. Prices of individual collars and requested accessories should be specified in the bid proposal.

Bids must include all software and hardware needed for deployment and data retrieval. If applicable, bid must include the costs associated with transmission of GPS location data via the Iridium satellite system. Quotes must describe existing or additional options of reinforcing the canister housing, battery and GPS unit. If options for remote download capabilities using VHF or Iridium satellite download links are available, vendor should submit separate quotes for each download platform. Proposals will allow an expected battery life of at least 18 months with GPS locations obtained 12 times every day and active VHF signal for 8 hours. Vendors will specify expected battery life in submittals.

GPS collars will be deployed on 30 black-tailed deer throughout the Dixon wildlife management unit (WMU) by Oregon Department of Fish and Wildlife (ODFW) staff. GPS collars may be deployed any time of the year and recovered collars may be re-deployed as seen efficient by the wildlife research team. Collars must be able to drop-off of animals after a specified amount of time; since collars may be re-deployed in the event of an early collar recovery, the drop-off timer will need to be programmable by the research team. Collars will need to have the ability to take points up to every hour of the day, but will need to be able to have schedules changed remotely. Collars will need to have a VHF frequency between 148 and 152 MHz to be within the legal range of what ODFW can operate. All collars will need to be equipped with UHF IDs and be able to communicate with each other in order to attain intraspecific interactions. Collars will also need to be able to communicate with UHF equipment already in the field (Vectronic Vertex Plus Collars, Vectronic Vaginal Implant Transmitters, and Vectronic Fawn Collars).

Remote locating stations will be placed at 10 sites throughout the Dixon WMU by ODFW staff.

These stations will need to utilize UHF to determine proximity of collared individuals from the 30 collars being requested in this contract as well as from UHF field equipment already deployed (see above). These stations will need to have the ability to communicate with collars to determine how long a collared individual is in proximity to the remote locating station.

Remote locating stations will need to have the flexibility to log time that an individual collar is within a certain proximity to the station or to increase the GPS fix rate of the collar itself while it is within a certain proximity of the remote locating station.

All collars will need to be programmable by the research team for fix rate and mortality delays prior to deployment as well as remotely once the collar is deployed. It is imperative that mortality locations are of utmost accuracy as research staff will need to respond to these as quickly as possible.

ODFW has authorization to conduct wildlife management activities under ORS. 496.012.

ODFW anticipates the award of one contract resulting from this ITB. The collars from the resulting contract need to be delivered by November 30, 2023 to ensure arrival before the winter capture period.

1.2 SPECIFICATIONS

1.2.1 30 GPS COLLARS FOR BLACK TAILED DEER:

• Rugged construction able to last over a year in wet and cold conditions of the Pacific Northwest

• Iridium GPS technology

• Ability to be programmed prior to deployment as well as while deployed

• VHF frequency between 148 and 152 MHz

• - UHF ID for communication between collars as well as currently deployed UHF equipment (see Scope of Work)

• Adjustable neck band for correct fitting of black-tailed deer

• Collar Drop-off Specifications:

• Must be able to last for two or more years (longer duration is better)

• Must be able to be reprogrammed by ODFW research staff for re-deployment purposes

• Must be an internal drop-off mechanism

• Remote Locating Station Specifications:

• Must be able to be deployed in wet and cold conditions year round

• Must be able to communicate with collars in this contract

• Must be able to communicate with currently deployed UHF equipment)

• Must be able to increase fix rate of collars within a certain proximity of station

• Must be able to log time a collar is within a certain proximity of station through UHF

Prices must be inclusive of taxes, shipping, and any importation tariffs needed for companies bidding is outside the United States. Prices of individual collars and requested accessories should be specified in the bid proposal.

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 07/06/23 3:00 pm

Answers to Questions and Clarifications Due (approximate) 07/11/23 3:00 pm

Closing (Due Date and time to submit Bids) 07/18/23 3:00 pm

Opening of Bids 07/18/23 3:00 pm OREGONBUYS Notice of Intent to Award

(approximate) 07/22/23 3:00 pm

Contract Execution (approximate) 07/24/23 TBD

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 “FOB” and “F.O.B.” stand for “Freight on Board.” When used in conjunction with

“Origin,” “Destination,” or a location name (e.g., “North Powder, Oregon”), FOB or F.O.B.

indicates the location at which liability and ownership of goods transfers from seller to buyer.

1.4.2 “OregonBuys” means the online electronic e-Procurement system administered by the

State Procurement Office. GENERAL DEFINITIONS

Terminology specific to the OregonBuys system may be found at: https://oregonbuys.gov/bso/

“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 conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).

2.2 PROCUREMENT METHOD

Agency is using the Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125-247-0255, and may use any available optional procedures.

2.3 OREGON BUYS

This ITB, including all Addenda, attachments and exhibits are posted on the Oregon Buys at https://oregonbuys.gov/bso/. ITB documents will not be mailed. Parties without access to Oregon Buys may download copies at Agency at the location identified on the cover page of this ITB.

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

2.3.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS

If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OREGONBUYS, the ITB will include instructions on how to obtain these documents.

2.3.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OREGONBUYS may contact the OREGONBUYS Helpdesk by telephone at 1-855-800-5046 or by email at support.oregonbuys@oregon.gov.

2.3.3 OREGONBUYS REGISTRATION INFORMATION

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 submitted in writing to the SPC identified on the cover page of this ITB via Oregon Buys or email are acceptable).

• Reference the ITB # Open Market Bid S-63500-00007403 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

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

2.5 PROTEST OF ITB

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-247-0270). Agency will not be accepting protests.

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 Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

2.7 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

mailto:support.oregonbuys@oregon.gov

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid either through OREGONBUYS or via email to ODFW.ContractsInbox@odfw.oregon.gov. Bids will on in PDF or Word format. It is not the responsibly for corrupt, unopenable, or unreadable submissions.

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 by the Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature, and all required documents must be submitted on or before Closing (date and time). Envelopes, packages or boxes must be marked in accordance with Section 3.2.4.

3.2.4 ENVELOPE, PACKAGE OR BOX LABEL

The Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

3.2.5 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

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, electronic, facsimile or telephonic modifications will not be accepted.

3.2.6 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.7 LATE BIDS

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

3.2.8 OPENING OF BIDS

Bids will be publicly opened, and the names of all Bidders will be read by Agency at the location identified on mailto:ODFW.ContractsInbox@odfw.oregon.gov 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 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet and Bid Submittal

• Attachment C – Reference Check 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 REFERENCES

Bidder must provide Three (3) references from similar projects performed for any clients within the last Five

(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

Reserved

3.3.6 KEY PERSONS

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 Closing 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.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Reserved

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.

4.5.1 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 Bidder's state.

4.5.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with https://www.naspo.org/reciprocity1

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.

4.5.3 PUBLIC PRINTING

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

4.5.4 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 INTENT TO AWARD PROTEST

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-247-0270). Agency will not be accepting protests.

Questions, including requests for explanations of the meaning or interpretation of provisions of this ITB, and Solicitation must be submitted to the Single Point of Contact email address indicated on the cover page.

questions may be delivered thru Oregon Buys, or via e-mail and must be received by ODFW no later than the date and time indicated on the Cover Page of this ITB. Questions received past the specified deadlines will not be accepted.

If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via OREGONBUYS, or email ODFW

• Reference the ITB number

• Identify Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 RESPONSE TO PROTEST

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

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by ORS 279B.070, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 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 constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 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

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 http://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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 Closing 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 Closing 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 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. 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.

7.6 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)