ITB (Intermediate) for Goods & Services ~2.pdf

ITB S-63500-00010091 – Upper Applegate Habitat Enhancement – Slash & Pile

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number

S-63500-00010091 for

UPPER APPLEGATE HABITAT ENHANCEMENT – SLASH & PILE

Date of Issue: 04/15/2024

Bid Opening Date and Time (Bid Due Date): 04/29/2024, Time 2:00 PM

Single Point of Contact (SPC): Ashley Kallberg, Procurement & Contract Specialist

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.4 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

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

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

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

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT AGREEMENT 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

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT AGREEMENT

EXHIBIT B-1, Map UAW-East 36-1 EXHIBIT B-2, Aerial imagery UAW-East 36-1

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

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Services.

This project proposes to remove small diameter conifer encroachment from existing oak trees to increase vigor and acorn production, protect existing stands of mature ponderosa and sugar pine trees that provide valuable wildlife food and shelter habitat, and reducing decadent ceanothus stands to increase vigor and nutritive value with increased new growth. Multi-stemmed madrone and canyon live oak will also be thinned.

Project work will start in late spring of 2024. Work must be completed by June 30, 2024, with all invoices for completed work received by July 31, 2024

1.2 STATEMENT OF WORK

PROJECT TITLE: Upper Applegate Habitat Enhancement – Slash & Pile

I. BACKGROUND or GENERAL INFORMATION and Purpose:

The Upper Applegate Watershed Restoration Project (UAWRP) is a watershed restoration project located on the Siskiyou Mountains Ranger District of the Rogue River-Siskiyou National Forest and the Ashland Resource Area, Medford District, Bureau of Land Management. The planning process for the 52,000-acre Upper Applegate watershed was a unique collaborative approach between stakeholders and federal agencies that incorporates an all lands approach to address landscape resilience to disturbance and climate change.

The underlying need for action is to restore ecological processes in the Upper Applegate Watershed to provide for landscape conditions resilient to disturbances. The purpose of the proposed action is to protect and enhance the important community and agency identified values through adaptive planning and implementation techniques.

This collaborative approach identified agency and community desired values (based on a “nature’s benefits” or ecosystem services approach) from which activities were designed to restore or enhance these benefits and related ecological processes.

This project proposes to remove small diameter conifer encroachment from existing oak trees to increase vigor and acorn production, protect existing stands of mature ponderosa and sugar pine trees that provide valuable wildlife food and shelter habitat, and reducing decadent ceanothus stands to increase vigor and nutritive value with increased new growth. Multi-stemmed madrone and canyon live oak will also be thinned.

Project work will start in late spring of 2024. Work must be completed by June 30, 2024, with all invoices for completed work received by July 31, 2024.

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II. PROJECT DESCRIPTION, DESCRIPTION OF WORK and TASKS:

Contractor will treat up to 30 acres of mixed oak/conifer forest and decadent brush thickets as described in the project map and to the Description of Project Work (prescription), sections 1- 6.

Project map is attached as Exhibit B-1, “UAW-East 36-1” and is the shaded light green area located in T30S R03W section 36. Aerial imagery of the project site is attached as Exhibit B-2, “UAW – East 36-1.” The total unit is 70 acres, but 30 acres is slated for treatment.

Specifically, work is in the proximity of Cinnabar Peak off of Cinnabar Road near the intersection with Boaz Mountain Road (Township 30S Range 03W Section 36. Work shall be performed using hand tools only (chainsaws, loppers, etc.). All work will be performed on Medford District Bureau of Land Management (BLM) lands.

Depending on successful bid price, this acreage may be increased or decreased to meet allocated project budget.

Description of Project Work (Technical Specifications)

1. Definition of Acceptable Leave Trees and brush

a. No cutting of Pacific Yew, Mountain Mahogany, Pacific Dogwood, White Oak, California Black

Oak, Sugarpine.

b. Any tree over 8” diameter breast height (DBH) shall be left uncut, except prune all conifers up to

8 foot on bole of tree.

c. No removal of single stem manzanita >12” diameter (single stem) at 1 foot above ground level.

d. Vegetation will not be cut within 25 feet of intermittent streams, natural ponds less than one acre (including seeps and springs).

2. Treatment of live and dead conifers

a. Slash all live and dead unreserved conifers greater than 12 inches in height and less than 8” DBH to 25’x25’ spacing with the following leave prioritization: 1)Ponderosa Pine, 2)Incense Cedar, 3)Douglas Fir

b. Slash all live unreserved conifers <8”dbh within 2x dripline if they are severely encroaching old large shade-intolerant trees [White Oak, Black Oak, Madrone (typically greater than 16” dbh) and Ponderosa Pine or Sugar Pine over 150 years with deep fissure bark plates (typically greater than 22”dbh)] that are vigorous with high potential for developing into large trees with an open-grown canopy architecture.

c. Prune all unreserved conifers up to 8 foot on bole of tree

d. All boles less than 6” diameter will be hand piled in slash piles

e. All boles 6-8” will be left in contact with ground

f. Cut trees shall be felled away from unit boundaries, roads, fences, stock driveways, established land corners and other physical improvements.

g. Removal of felled trees and slash from roads shall be accomplished within half an hour.

h. All felled trees shall not lean against or be suspended by an uncut tree.

3. Treatment of live and dead hardwoods

a. Slash all live and dead Madrone and Canyon Live Oak greater than 12 inches in height and less than 2” DBH.

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b. Prioritize multi-stem hardwoods to a minimum of the three (3) largest, healthiest main stems per clump to mitigate stump resprout.

4. Treatment of live and dead brush

a. Slash all live and dead brush greater than 12 inches in height and less than 12” stem diameter to

4” above ground height.

b. No removal of single stem manzanita >12” diameter (single stem) at 1 foot above ground level

(Reminder: see acceptable leave tree and brush above).

5. Specifications for slash hand piling

a. Pile generated slash of less than 6” in diameter and greater than 2’ in length into piles of 6’ X 6’

X 6’, not to exceed 8’ X 8’ X 6’. Slash less than 2’ in length will be left on the ground, not to exceed 6” in depth. Slash that would need to be carried further than 25’ to build a minimum sized pile should be left on the ground and lopped and scattered to lowest depth possible.

b. Construct piles by laying limbs, stems, cut boles, and other slash in the pile parallel with each other. Cut slash that causes large air spaces to eliminate air spaces. Include an area of small sized slash in the center of the pile (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.

c. All piles shall be covered with 4-mil polyethylene plastic or alternate material approved by the BLM/ODFW to cover at least 90% of the surface of each pile, maximum plastic size of 10’ x 10’.

All four corners and the middle of the plastic sheets shall be anchored with slash or other debris.

Covering shall be done at the time of piling.

d. Do not pile slash on logs or stumps, in draws, in buffer zones, under power lines, or within channel bottoms or streams unless designated otherwise by the BLM/ODFW.

e. Remove slash and do not pile within 10’ of leave/overstory trees, clumps, or within 25’ of eastern private property boundary.

6. Fire Restrictions

a. Industrial Fire Precaution Levels (IFPLs) pertain to permitted activities such as timber sales, service contracts, and firewood cutting. There are four fire precaution levels that begin with Level I at the start of the “closed season” and can go as high as Level IV if conditions warrant.

The fire precaution levels restrict certain operations as the fire danger increases. There are no precautions prior to the closed fire season. Each fire precaution level adds to the precaution measures applicable to all lower levels. It is the responsibility of the individual operating on public land to know the precaution level for the day and to take correct fire precautionary measures.

b. The “closed season” means that fire precaution requirements are in effect on federally managed lands.

c. Fire season opening or start is determined by each regional Forest, partner organization consultations (such as Oregon Department of Forestry), and fuel moisture and weather. In recent years, this has begun in Early June, and could be in effect even earlier.

d. All contract work for this project will be on lands managed by the Medford District Bureau of Land Management and subject to IFPL requirements.

TASKS:

Contractor will:

1. Attend kick off meeting with ODFW prior to start of project work.

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a. ODFW Rogue Watershed, 1495 East Gregory Road, Central Point, OR 97504

2. Treat up to 30 acres of oak/mixed conifer stand and brush thickets.

3. Communicate with ODFW if weather conditions or fire restrictions delay project work.

4. Ensure treatment is completed by June 30, 2024, with all invoices received by July 31, 2024

5. Adhere to Industrial Fire Precaution Levels (section 6 above).

6. Ensure tasks are completed to section III Description of Project Work (Technical

Specifications) sections 1-5.

7. Contractor agrees to provide all labor, equipment, tools, and related items to perform the following slash and pile services detailed below for the ODFW near the community of Ruch, Oregon.

ODFW will:

1. Schedule and attend kick off meeting prior to start of Project Work.

2. Communicate in a timely manner with successful contractor.

DELIVERABLES AND SCHEDULE:

Mandatory kick-off meeting: Within one week after the contract has been signed at 1495 East Gregory Road, Central Point, OR 97504 or at the project site. Coordinate with ODFW, Ryan Battleson.

Contractor to begin work: ASAP after contract has been awarded and Notice to Proceed delivered. Contractor should complete work by June 30, 2024, and submit all invoices no later than July 31, 2024.

III. PAYMENT METHOLODOGY

Depending on successful bid price, this acreage may be increased or decreased to meet allocated project budget. Plan to award based off of lowest bidder. References will be checked.

Contractor will be paid by the acre of completed work. They may invoice bi-monthly if they so choose. No funds will be awarded up front.

Payment for all Work performed under this Contract shall be subject to the provisions of ORS 293.462.

Contractor must submit itemized invoices (with number of hours, dates work was performed, and, description of work performed,) to Agency to request payment, also noting the Title of the Project, the ODFW Agreement number, and Agency’s Contract Administrator, Ryan Battleson to accounts payable contact listed in Exhibit F.

Notwithstanding any other term of this Contract, Agency will not make any payment to Contractor until Agency’s Contract Administrator has approved the invoice of expenditures. Payment to Contractor will be made within 45 days following approval of the invoice of expenditures. If there are problems with the invoice submitted by Contractor, Agency’s Contract Administrator will notify Contractor about those concerns and, if necessary, require Contractor to correct the invoice

Agency will not reimburse Contractor for travel, per-diem, and other expenses. All travel and other expenses are Contractor’s responsibility.

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IV. DELIVERABLE REVIEW & ACCEPTANCE PROCESS

Contract Administrator/Program Manager, Ryan Battleson will inspect work once completed to ensure that work is completed to specifications detailed in technical specifications. The program manager will communicate with contractor if work is not to desired technical specifications and then approve of the invoice expenditures once work completed to technical specifications.

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 Clarification Due 04/22/2024 10:00 AM

Answer to Questions and Clarification Date 04/24/2024 10:00 AM

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

04/29/2024 2:00 PM

Opening of Bids 04/29/2024

Notice of Intent to Award (approximate) 05/06/2024

Contract Agreement Execution (approximate) 05/06/2024

Pre-work site visit “kick off meeting” with ODFW Within 1 week of executed contract

Notice to Proceed Within 1 week of “Kick off meeting”

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 Agreement attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

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

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

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

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

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is issuing this RFP pursuant to its authority under OAR 125-246-0170(2) and ORS 496.146(11). Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

2.2 PROCUREMENT METHOD

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

2.3 OREGONBUYS

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

2.3.1 OREGONBUYS ASSISTANCE

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

2.3.2 OREGONBUYS REGISTRATION INFORMATION

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

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

2.4 QUESTIONS AND CLARIFICATIONS

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

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

• Reference the OregonBuys bid number ;

• Identify Bidders’s name and contact information;

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

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

and

Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

2.5 ADDENDUM

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

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

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

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

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

3.2.2.1 DELIVERY THROUGH OREGONBUYS

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

3.2.2.1.1 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL OR PARCEL

CARRIER

Bids may be submitted by: Mail, E-Mail, or electronically submitted through OregonBuys.gov, and, addressed as follows:

MAIL:

Upper Applegate Habitat Enhancement – Slash & Pile

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OregonBuys #S-63500-00010091

OREGON DEPARTMENT OF FISH AND WILDLIFE

Ashley Kallberg / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

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

Subject: BID FOR OregonBuys # S-63500-00010091

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

3.2.3 BID MODIFICATION

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

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

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

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

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

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

3.2.4 BID WITHDRAWAL

If a Bidder wishes to withdraw a submitted Bid, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.5 LATE BIDS

Late bids will NOT be accepted or reviewed. Mailed or delivered in paper form must be at ODFW no later than 2pm on 4/29/24. Late Bids will not be returned to the respective Bidder.

3.2.6 OPENING OF BIDS

Bids will be publicly opened and the names of all Bidders will be read by Agency at the location identified on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any mailto:ODFW.Bids@odfw.oregon.gov BATTLESON Ryan D * ODFW May want to reference if mailed, must be in-hand by 2pm on 4/29/2024, not post-marked.

KALLBERG Ashley J * ODFW Agree, added additional language to make that clear.

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3.3.1 BID OPENING

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

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract Agreement 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 3 references from similar projects performed for any clients within the last 5 years. Information provided must include:

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

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

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

3.3.5 RESERVED

3.3.6 RESERVED

3.3.7 BID REQUIREMENTS

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

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SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract Agreement. 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 Agreement 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)

Bidder must have been in business for a minimum of 3 years.

4.5 REFERENCES

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

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

4.6 RESERVED

4.7 PREFERENCES

4.7.1 OREGON SUPPLIES AND SERVICES

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

4.7.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each

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4.7.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125

(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.7.4 PUBLIC PRINTING

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

ORS 282.210.

4.7.5 TIEBREAKERS

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

The Agency may choose to award multiple Contracts under this Invitation to Bid in accordance with the criteria set forth in the Invitation to Bid and OAR 125-247-0600 (4)(c). A multiple Award may be made if the Award to two or more Bidders is beneficial for adequate availability, delivery, service, competition, pricing, product capabilities, skills, or other factors deemed significant by the Authorized Agency.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.2 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity https://www.naspo.org/reciprocity1

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Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit:

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

5.3 NONDISCRIMINATION IN EMPLOYMENT

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

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

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

SECTION 6: CONTRACT AGREEMENT 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 Contract Agreement attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract Agreement until the Contract Agreement 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 Agreement, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Bid Opening https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 16 of 16 identified in Section 1.3.

7.3 COST OF BIDDING

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

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

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

7.5 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)