ITB for Vollmer Oaks Project.pdf

ITB # S-63500-00005942 – Vollmer Oaks Project ODFW Tracking #: 074-23

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Intermediate Procurement Request for Proposals (RFP) under OregonBuys # S-63500-00005942 for

VOLLMER OAKS PROJECT

Date of Issue: February 28th, 2023

Proposal Due Date: Tuesday March 14th, 2023@ 3:00 PM PDT

Single Point of Contact (SPC): Alan Hansen Procurement and Contracts Spec II, OPBC

Address: 4034 Fairview Industrial Drive SE

City, State, Zip Salem, OR, 97302

Phone (voice) 503-947-6134

E-mail: alan.s.hansen@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:alan.s.hansen@odfw.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 STATEMENT OF WORK/SPECIFICATIONS ................................................. Error! Bookmark not defined.

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

2.4 OREGONBUYS……………………………………………………………………………………………………………………………..6

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 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

4.7 PREFERENCES

4.8 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

7.6 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

Exhibit A (Statement of Work)

Exhibit B (Required Insurance)

Exhibit C (Independent Contractor Certification), and

Exhibit D (Federal Terms and Conditions)

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – OREGON FORWARD 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 & Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Services.

Oak woodlands benefit over 200 species of wildlife including deer, elk, turkey, and upland birds by providing shelter, mast, and hosting an abundance of grass, forbs, and shrubs among them.

Through development, fire suppression, and conifer encroachment this habitat has seen around a 95% decline throughout Oregon and is recognized as a strategy habitat in the Oregon Conservation Strategy. We propose to enhance 25 acres of Oregon White Oak on private land near Trail, OR by cutting and piling or spreading trees and shrubs less than 10 inches in diameter.

ODFW anticipates the award of one contract resulting from this ITB. The Contract will begin on the date of the contract’s issue. All work will end on or before May 14th, 2023 and the final invoice must be submitted no later than May 22nd 2023h.

Project location is near Trail, OR area size is 25 acres.

Slashing: All live and dead standing vegetation greater than 12 inches in height or length, but not over 10 inches DBH will be completely severed with the stump height not to exceed 6 inches. No cutting of Yew, Dogwood, White Oak, or Black Oak. Hand crews or machinery may be used.

Piling: All slash less than 10 inches in diameter and greater than 2 feet in length shall be piled. Slash less than 2 feet in length will be left on the ground. Slash left on the ground will not exceed 6 inches in depth. All piles will be constructed by laying limbs, stems, cut boles, and other slash in the pile so as to be parallel with each other. Slash that causes large air spaces in the piles will be cut to eliminate air spaces. Each pile will include an area of small sized slash (small branches less than ¼ to ½ 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 will be placed in the center of the pile.

Pile size will be a maximum of 10 feet in diameter by 10 feet in height, and minimum pile size will be 6 feet in diameter by 6 feet in height at the time of final inspection. All piles will be covered with a 4-mil polyethylene plastic or approved alternate material to cover at least 90% of the surface of each pile. All four corners and the middle of the plastic sheets will be anchored with slash. Covering shall be done at the time of piling. Piles will not be closer than 10 feet to leave vegetation or 20 feet to a unit boundary. Slash will not be piled or placed on logs or stumps, in roadways or drainage ditches, or within channel bottoms or streams. Slash will not be piled or placed in buffer zones.

Mulching: In lieu of piling, all slash less than 10 inches in diameter and greater than 2 feet in length can be turned into mulch and spread on the ground not to exceed 2 inches deep.

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 (PT).

EVENT DATE TIME (Pacific Time)

Mandatory Pre-Bid Conference March 10th, 2023 9:00 AM

Questions and Clarifications Due March 13, 2023 12:00 PM

Answers to Questions and Clarifications (approximate)

March 14, 2023 3:00 PM

Addenda published March 14, 2023 3:00 PM

Closing (Due Date and time to submit Bids) See cover page

Opening of Bids March 14, 2023 After 3:00 PM

OregonBuys Notice of Intent to Award (approximate) March 14, 2023 12:00 PM

Contract Execution (approximate) March 24, 2023 10:00 AM

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.

1.3 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.

1.3.1 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.

“COR” means Contracting Officer’s Representative. This is the ODFW employee who works directly with the Contractor and handles all questions, issues, once contract is signed. The COR is also the authorizing authority for release of payment.

1.4 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). 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 Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247- 0255, and may use any available optional procedures.

2.2.1 PRE-QUALIFICATION PROCESS

Bidder shall submit all attachments, by closing. The information must be delivered to the SPC listed on the cover page, and may be delivered through OREGONBUYS, in person, via mail or emailed to ODFW.Bids@odfw.oregon.gov and must reference the ITB and identify the Bidder’s name.

2.3 PRE-BID CONFERENCE

A MANDATORY Pre-Bid site visit will be held for this ITB. Offerors must sign-in at this pre-bid meeting in order to submit a bid. Bids submitted by Offerors not on the Pre-Bid sign in site sheet will be deemed non-responsive.

The mandatory tour of the purposed project site will occur at 9:00 am (PST) on Friday, March 10th, 2023. All interested Offerors will need to meet at 7159 Crowfoot Rd, Trail, OR 97541 Offerors may contact ODFW Biologist Dylan Edwards, at (541) 645-4945 for directions if needed.

The purpose of this conference is to explain the ITB requirements and to answer questions. Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.

2.4 OREGON BUYS

2.4.1 The ITB and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

2.4.2 Modifications, if any, to this ITB will be made by written Amendment(s) published in OregonBuys.

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

2.4.3 OREGONBUYS ASSISTANCE

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

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

mailto:ODFW.Bids@odfw.oregon.gov https://oregonbuys.gov/ mailto:support.oregonbuys@das.oregon.gov

• Be submitted in writing to the SPC identified on the cover page of this ITB (through OREGONBUYS or emailing alan.s.hansen@odfw.oregon.gov are acceptable).

• Reference the ITB #S63500-00005942

▪ 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 OREGONBUYS. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OREGONBUYS. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.6 PROTEST OF ITB

THIS IS AN INTERMEDIATE PROCUREMENT (OAR 125-047-0270). Agency will not be accepting protests.

2.7 ADDENDUM

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

2.8 PROTEST OF ADDENDUM RESERVED

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

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

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 MINMUM SUBMISSION REQUIRMENTS

Proposal submission should be electronically through OregonBuys. at: www.OregonBuys.gov

3.2.2 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL OR PARCEL CARRIER

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

MAIL:

Vollmer Oaks Project OregonBuys RFP # #S63500-00005942

OREGON DEPARTMENT OF FISH AND WILDLIFE

Alan Hansen / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

E-Mail Address: ODFW.Bids@odfw.oregon.gov mailto:alan.s.hansen@odfw.oregon.gov http://www.oregonbuys.gov/ mailto:ODFW.Bids@odfw.oregon.gov

When e-mailing in bids, Proposers must address the Subject line as follows:

Subject: Bid for OregonBuys ITB # S63500-00005942

3.2.3 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, time stated on the cover page of this ITB. Agency shall not be responsible for any delays in delivery.

Bids submitted by facsimile (fax) will be rejected.

3.2.4 QUANTITY OF BIDS TO BE SUBMITTED

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

3.2.5 MAILED ENVELOPE

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)

• ATTN: Jake Howard

3.2.6 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 3.2.7.

• 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 or telephonic modifications will not be accepted.

3.2.7 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.

3.2.8 LATE BIDS

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

3.2.9 OPENING OF BIDS

Bids will be opened, and the names of all Bidders with their respective bids will be posted on

OREGONBUYS.

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

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – Oregon Forward 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

Bidder must identify Key Persons and the roles each will serve. Key person(s) for this ITB Include Site Foreman(s) and any Person(s) who will work directly with the COR. Site Foreman(s) information and background must demonstrate experience and expertise related to the specific work.

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 the 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)

• Have a Work history involving similar projects as outlined in the scope of work for the past 3-years.

• 5 years’ experience in forestry work

• Understand requested services: Use space provided in Attachment C

4.5 REFERENCES

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

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

4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS RESERVED

4.7 PREFERENCES RESERVED

4.7.1 OREGON SUPPLIES AND SERVICES RESERVED

4.7.2 RECIPROCAL PREFERENCE

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

4.7.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal https://www.naspo.org/reciprocity1 preference.

4.7.4 PUBLIC PRINTING

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

4.7.5 TIEBREAKERS

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

OAR 125-246-0300.

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

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

4.8.2 MULTIPLE ITEMS RESERVED

4.8.3 MULTIPLE AWARDS AGENCY WILL NOT BE AWARDING MULTIPLE BIDS.

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 ORPIN. 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 125-047-0270). Agency will not be accepting protests.

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.235, 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 https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx 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 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 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 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):

Any individual signing below hereby certifies he/she is an authorized representative of Bidder and that:

1. Bidder understands and accepts the requirements of this ITB. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in Attachment A, as modified by Addenda, if any.

2. Bidder acknowledges receipt of any and all Addenda to this ITB.

3. If awarded a Contract, Bidder agrees to comply with all provisions of the ITB and meet the performance standards set forth in the Contract.

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

5. I have knowledge regarding Bidder’s payment of taxes and by signing below I hereby certify, to the best of my knowledge, Bidder is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, 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 service-disabled veteran owned business, or an emerging small business. If applicable, Proposer 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 contract price of $150,000 or more with a Proposer 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.treasury.gov/ofac/downloads/sdnlist.pdf, or

B. the government wide exclusions lists in the System for Award Management found at:

https://www.sam.gov/portal/SAM/#1

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, https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/SAM/%231 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 Contract 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.

1. 2. 3.

Authorized Signature Date

4. 5. 6.

(Printed Name and Title) 7.

Email Address

ATTACHMENT C — REFERENCE CHECK FORM

Submit this completed form with your bid.

REFERENCES COMPARABLE IN SIZE AND SCOPE: Bidder shall provide a list of three different firms who can be contacted regarding the quality of services the Bidder provided within the last Three years. Bidders may provide additional information submitted on separate papers.

Business Reference

Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

What was the budget:

Were contract services accomplished within budget & schedule? If not, why

Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

Understanding of Request Services:

ATTACHMENT D - MANDATORY BID PROPOSAL FORM

START DATE PROPOSED BY BIDDER: Project Start Date: ________ , Proposed

Completion Date: ____ _____________ . 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.

ODFW retains the right to reduce the amount of acres completed if per acre cost comes in higher than the funding allows.

ITEM

NO. APPROX QUANTITY

Item with Unit Price Quote (Written With Words) PRICE PER ACRE EXTENDED AMOUNT

1 25 Acres Vollmer Oaks Project

(Extended amount written)

Signature of Offeror’s Authorized Representative:

Name (Print) Date

Please complete and sign the above Bid Proposal information, and reply by OREGONBUYS, E-Mail, Mail or Deliver Proposals in person. All Bid Proposals must be received at the ODFW Headquarters in Salem, by Tuesday, March 14th, 2022 @ 3:00 P.M.

ARE YOU A CERTIFIED FIRM IN OREGON?

Help Grow your Business in Oregon. Visit:

http://sos.oregon.gov/business/Pages/register.aspx

Grand Total

(INCLUDES ALL

COSTS)

http://sos.oregon.gov/business/Pages/register.aspx

ATTACHMENT E –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, businesses that service-disabled veterans own, 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.

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

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?

ATTACHMENT F - RESPONSIBILITY INQUIRY

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:

obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract, violation of federal or state antitrust statutes relating to the submission of bids, or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

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

Response:

Within the last three years, has Bidder had:

any contracts terminated for default by any government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

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

Response:

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

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

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO

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

Response:

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 the certificate was provided with the Bid submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Response:

AUTHORIZED SIGNATURE

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

Bidder Name: ITB:

Project Name:

Authorized Signature Date

Print Name Title