ITB - IVSWCD UIRW Postfire Restoration.pdf

OregonBuys #S-Q10040-00009958

ILLINOIS VALLEY SOIL & WATER CONSERVATION DISTRICT

COVER PAGE

ILLINOIS VALLEY SOIL & WATER CONSERVATION DISTRICT

Is issuing this Invita�on to Bid (ITB) under OregonBuys Bid Number

OREGONBUYS BID NUMBER #S-Q10040-00009958 for

UPPER ILLINOIS RIVER WATERSHED POSTFIRE RESTORATION PROJECT

Date of Issue: 3/29/2024

Bid Opening Date and Time (Bid Due Date): 4/22/2024, Time 5:00 PM

Single Point of Contact (SPC): John Bellville

Address: 331 E Cottage Park Dr., Ste 1B

City, State, Zip: Cave Junction OR 97302

Phone: 541-592-3731

E-Mail: conservation@ivstreamteam.org

Illinois Valley Soil & Water Conserva�on District promotes equal opportunity for all individuals without regard to age, color, disability, marital status, na�onal origin, race, religion or creed, sex or gender, sexual orienta�on, or veteran status.

mailto:conservation@ivstreamteam.org

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 SCHEDULE OF REFORESTATION WORK ITEMS

1.5 DEFINITION OF TERMS

1.6 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 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 Reserved

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION 7.6 RECYCLED PRODUCT

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET (must be returned with Bid) ATTACHMENT C – REFERENCE CHECK FORM (must be returned with Bid) ATTACHMENT D – BID SUBMITTAL FORM (must be returned with Bid) ATTACHMENT F – RESPONSIBILITY INQUIRY (must be returned with Bid) EXHIBIT X – Plan/Drawing

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The Illinois Valley Soil and Water Conserva�on District, (“District”), is issuing this Invita�on to Bid (ITB) to establish a Contract for the Upper Illinois River Watershed Pos�ire Restora�on Project, an upland replan�ng project located on three private proper�es in Takilma, OR.

This ini�a�ve, developed in response to the a�ermath of the 2020 Slater Fire in Takilma, OR, encompasses targeted restora�on efforts across three proper�es, totaling approximately 50 acres. These proper�es, situated within the Upper East Fork Illinois River Watershed, include areas both in the uplands and the floodplains. The proper�es exhibit considerable varia�on in terms of the fire's impact, encompassing differences in burn severity, the affected area, local ecological characteris�cs, topographical slopes, and individual landowner preferences.

Objec�ves

The project's primary goals are to mi�gate future wildfire risks and enhance forest resiliency in the post-fire landscape. This involves the strategic removal of dead and decaying vegeta�on and the revitaliza�on of forested condi�ons aligned with an overarching natural ecology Forest Plan with a strong landowner collabora�on aspect. Site assessment and specific landowner objec�ves are outlined in detail in the site surveys.

Restora�on Strategies

In regions impacted by high soil burn severity, the project's focus will be on the restora�on of na�ve species and the introduc�on of suitable vegeta�on to achieve the envisaged ecological balance. Restora�on efforts will encompass a blend of manual and mechanical strategies to manage compe�ng vegeta�on, aligned with the area's dis�nct ecological requirements and the landowners' objec�ves. The project entails four tailored fuel treatment approaches, covering approximately 30 acres with mechanical treatment, 15 acres subject to manual hand-cu�ng, piling, and burning, and 5 acres designated for low-impact hand-cu�ng, piling, and burning.

Addi�onally, upland replan�ng will be conducted in all areas, with each site receiving a selec�on of locally adapted tree species. This selec�on is specifically tailored to enhance survivability, boost biodiversity, and improve overall forest vigor. The species chosen for each area have been carefully matched to the local condi�ons and ecological requirements to ensure the successful restora�on and long-term health of the forest ecosystem. The specific requirements for each fuel treatment, essen�al for both site prepara�on and upland replan�ng, are thoroughly detailed in Sec�on 1.2.1 Appendix A: Technical Specifica�ons For Service Work Items.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.2.1 APPENDIX A: TECHNICAL SPECIFICATIONS FOR SERVICE WORK ITEMS

Fuels Treatment 1: In-Unit Mechanical Site Prepara�on

1. Fall all dead and fire killed trees greater than 6.1 inches and less than 26 inches DBH.

Trees must be limbed, bucked, and staged near the exis�ng road system for landowner use.

2. Fall all dead and fire-killed trees greater than 2 inches and less than 6 inches in diameter in units iden�fied in detailed unit sheets (Dead trees are defined as having no green needles, or leaves).

3. All trees between 2” DBH to 6” DBH, and other large woody fuels, shall be mechanically treated to reduce the accumula�on of those fuels and minimize compe�ng vegeta�on for future replan�ng efforts (Treatment should be done by mas�ca�on and/or chipping).

4. Mas�ca�on should be done by a boom-mounted mas�cator/mulcher with a boom length of at least 28’ to be capable of trea�ng areas with difficult, or limited accessibility, and to reduce soil compac�on in the treatment area. Tracked Mas�cators may be permited in some areas, but only under approval from the contrac�ng officer.

5. Limit wood chip depth to less than 5 inches, discon�nuous, to avoid nutrient imbalances, excess surface fuel loading, and interference with the establishment of reforesta�on efforts.

6. No mechanical entry or vegeta�on treatment shall occur within 50 feet of all perennial and intermitent streams, springs, seeps, and wetlands. The no entry/no disturbance buffer will extend from the outer edges of the stream channel or wetland, including springs, seeps, wet meadows, or other wetland features as shown on the Contract Area Map.

7. Ground-based equipment will be limited to slopes less than 35%.

8. Maximum stump height shall be 12” above natural obstacles.

Fuels Treatment 2: Roadside Mechanical Treatment (Mas�ca�on/Chipping)

1. All equipment will stay on the exis�ng road system unless otherwise agreed upon.

2. All trees between 2” DBH to 6” DBH, and other large woody fuels, within 20’ of the roadside (40-foot treatment zone) shall be mechanically treated to reduce the accumula�on of those fuels and minimize compe�ng vegeta�on.

3. Mechanical treatment should be done by a boom-mounted mas�cator/mulcher with a boom length of at least 28’ to be capable of trea�ng areas with difficult, or limited accessibility, and to reduce soil compac�on in the treatment area. Tracked Mas�cators may be permited in some areas, but only under approval from the contrac�ng officer.

4. Limit wood chip depth to less than 5 inches, discon�nuous, to avoid nutrient imbalances, excess surface fuel loading, and interference with the establishment of reforesta�on efforts.

5. No mechanical entry or vegeta�on treatment shall occur within 50 feet of all perennial and intermitent streams, springs, seeps, and wetlands. The no entry/no disturbance buffer will extend from the outer edges of the stream channel or wetland, including springs, seeps, wet meadows, or other wetland features as shown on Contract Area Map.

6. Ground-based equipment will be limited to slopes less than 35%.

7. Maximum stump height shall be 12” above natural obstacles.

Fuels Treatment 3: Hand Cut, Pile, and Burn

1. All trees 2” DBH to 6” DBH and other large woody fuels such as broken tops shall be treated as slash and be piled for disposal and burning.

2. Hand Piles: Unless otherwise agreed, all trees less than 6 inches and all slash generated while cu�ng shall be hand piled. Hand piles shall be constructed by laying limbs, stems, cut boles, and other slash in the piles parallel with each other and perpendicular to the slope. Minimum hand pile size shall be 4 feet in diameter by 4 feet in height, maximum hand pile size shall not exceed 6 feet in diameter and 8 feet in height. All material shall be trimmed as to not extend from the pile profile in any direc�on. Piles shall be compact and free of soil. Hand piles should be placed a minimum of 25 feet from any live tree, bearing trees, land survey marked or posted trees, fences, and designated items/areas to protect. Piles shall not be located in draws, riparian areas, roads and/or non-treatment areas, near standing snags, on logs and stumps. Cover hand piles with a minimum 4-foot by 4-foot polyethylene plas�c.

3. All slash piles shall have a fire line dug to mineral soil around the en�rety of the pile.

4. All trees 2” DBH to 6” DBH and other large woody fuels such as broken tops, boles, or contractor damaged trees, shall be treated as slash and be piled for disposal and burning.

Fuels Treatment 4: Hand Cut, Pile, and Burn

1. The contract map area (Stone Property) designa�ng Fuels Treatment 3, aims to perform the minimum amount of site prepara�on necessary for successful replan�ng. This landowner wishes to maintain a low level of vegeta�on removal and disposal.

2. All standing trees greater than 3” DBH and other large woody fuels shall be le� in place, unless posing a significant hazard to the contractor.

3. “No-cut” living shrubs will be flagged by the landowner and care will be taken by the contractor to ensure no damage occurs.

4. Tanoak and Madrone stump sprouts to 3 upright sprouts per stump.

5. Compe�ng vegeta�on (up to 3” DBH) shall be removed in 3-4’ diameter. Cleared areas should be completed in 12’ x 12’ increments to prepare the site for future replan�ng efforts.

6. Unless otherwise agreed, all vegeta�on removed and slash generated while cu�ng, shall be hand piled (lop and scater allowed in some areas). Hand piles shall be constructed by laying limbs, stems, cut boles, and other slash in the piles parallel to each other and perpendicular to the slope. Minimum hand pile size shall be 4 feet in diameter by 4 feet in height, maximum hand pile size shall not exceed 6 feet in diameter and 8 feet in height. All material shall be trimmed so as not to extend from the pile profile in any direc�on. Piles shall be compact and free of soil. Hand piles should be placed a minimum of 25 feet from any live tree, bearing trees, land survey marked or posted trees, fences, and designated items/areas to protect. Piles shall not be in draws, riparian areas, roads and/or non-treatment areas, near-standing snags, or on logs and stumps.

7. Piles shall be le� uncovered (no plas�c)

8. No Diesel shall be used for pile burning.

Tree Plan�ng: Site-Specific and Mixed Species Reforesta�on

1.) Seedlings will be provided to the contractor by the project sponsor and will be sourced from mul�ple nurseries. Species and quan��es have been tailored to each site and are listed in the Plan�ng Specifica�ons Table.

2.) Seedlings are likely to be Bare-Root (12” +) and will likely require winter plan�ng to avoid mortality caused by dry-out.

3.) Some areas may require addi�onal spot prepara�on, an 18” square may be scalped out with a plan�ng hoe or shovel at the �me of plan�ng. Remove all heavy sod and compe��ve plant growth.

Seedlings should be planted maintaining a distance of 12 feet by 12 feet between them.

Addi�onally, the arrangement should facilitate interplan�ng in clusters, with each cluster containing 18-30 seedlings of the same species. This approach is illustrated in an example provided in the image below.

4.) Plant seedlings into bare mineral soil —no needles, twigs, or debris in the plan�ng hole.

5.) Take care not to bury foliage or to leave roots curled back or exposed to the air.

6.) Pack the soil firmly around the en�re root system, leaving no air pockets.

7.) For Roadside Replan�ng, a Ten-foot buffer zone shall be le� on either side of the road prism to avoid obstruc�ng future road access. Tree spacing may be reduced in these areas to achieve the desired stocking density.

8.) Near the 50’ setback/buffer zone outside of riparian areas (Ormsby Unit), specific species have been selected that align with local ecology. Interplan�ng will be required in these areas and stock spacing may vary.

1.2.2 APPENDIX B. PLANTING SPECIFICATIONS TABLE

Unit Name Acres

Stocking Density

(Trees/Acre) Tree

Spacing Douglas

Fir Ponderosa

Pine

Oregon White Oak

Incense Cedar

White Alder

Oregon Ash

Total Seedlings

Ormsby 30 300+ 12’x12’ 7500 900 300* 300* 9000

Cowboy Mine 15 300+ 12’x12’ 600 3000 900 4500

Stone 5 300+ 12’x12’ 300 900 300 1500

All Sites 50 300+ 12’x12’ 7500 1800 3900 1200 300* 300* 15000

*Denotes Seedlings that are reserved for Riparian Areas

1.2.3 APPENDIX C. CONTRACT AREA MAPS

The contract area maps are used as a reference for the specified work items and may vary slightly.

Ormsby Property: Fuels Treatment 1, Fuels Treatment2, and Upland Replan�ng

Hendrix/Williams: Fuels Treatment 3, Upland Replan�ng

Stone Property - Fuel Treatment 4, Upland Replan�ng

1.3 SCHEDULE OF EVENTS

EVENT DATE TIME (Paci�ic Time) Pre-Bid Conference (Mandatory)

4/9/2024 10:00 am

Questions and Clari�ications Due

4/11/2024 5:00 pm

Answers to Questions and Clari�ications Due (Approximate)

4/12/2024 5:00 pm

Opening of Bids 4/15/2024 8:00 am Bids Due 4/22/2024 5:00 pm Notice of Intent to Awards (Approximate)

4/26/2024 5:00 pm

Contract Execution (Approximate)

5/1/2024 5:00 pm

1.4 SCHEDULE OF REFORESTATION WORK ITEMS

The table below presents a schedule that details the specific work items assigned to each unit, the respec�ve treatment areas, the es�mated quan�ty for each treatment area, and the es�mated total cost for each treatment area. For a more detailed visualiza�on of these areas, refer to 1.2.3 APPENDIX C. CONTRACT AREA MAPS.

Item No. Descrip�on of Mandatory Work Items Unit Es�mated

Qty. Unit Price Total

Ormsby Unit

1 Fuels Treatment 1: Mechanical Treatment (Mas�ca�on/Chipping) Acre 23 $3,750 $86,250

Fuels Treatment 2: Roadside Mechanical Treatment (Mas�ca�on/Chipping)

Acre 7 $3,750 $26,250

Upland Replan�ng: Douglas Fir, Ponderosa Pine, White Alder, and Oregon Ash

Acre 30 $300 $9,000

Cowboy Mine Unit

4 Fuels Treatment 3: Hand Cut, Pile, and Burn Acre 15 $3,750 $56,250

5 Upland Replan�ng: Oregon White Oak, Incense Cedar, and Ponderosa Pine. Acre 15 $300 $4500

Stone Unit

6 Fuels Treatment 4: Hand Cut and Pile Acre 5 $3,750 $18,750

7 Upland Replan�ng: Oregon White Oak, Incense Cedar, and Ponderosa Pine. Acre 5 $300 $1,500

1.5 DEFINITION OF TERMS

For this ITB, unless speci�ically de�ined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These de�initions do not apply to the Proposed Contract attached as Attachment A.

Capitalized terms not speci�ically de�ined in this document are de�ined 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 speci�ic time and dates events relating to this ITB will occur.

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

1.6 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

The agency is issuing this ITB pursuant to its authority under ORS 279A.050.

PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255.

2.2 PRE-BID CONFERENCE

A Mandatory pre-bid meeting will be held for this ITB.

There will be a Mandatory pre-bid meeting on Tuesday, April 9, 2024, @ 10:00 A.M. (Paci�ic Time) at the Illinois Valley SWCD Of�ice, 331 E Cottage Park Dr, Ste. 1B Cave Junction, OR 97523.

BIDDERS ARRIVING AFTER THE CONFERENCE HAS STARTED WILL NOT BE ADMITTED.

Any statements made at this conference will not change the Plans, Speci�ications or other Contract Documents unless an Addendum has been issued from Illinois Valley SWCD and advertised on the OREGONBUYS System.

BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-

BID CONFERENCE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS OR THEIR

REPRESENTATIVE WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID

CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.

The purpose of this conference is to explain the ITB requirements and to answer ques�ons.

Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cau�oned, the ITB requirements will change only by writen Addenda issued by Agency as provided in Sec�ons

2.4 and 2.7.

2.3 OREGONBUYS

This ITB, including all Amendments, atachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at htps://oregonbuys.gov/. ITB documents will not be mailed. Prospec�ve Bidders are solely responsible for checking OregonBuys to determine whether 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 by email to support.oregonbuys@oregon.gov .

2.3.2 OREGONBUYS REGISTRATION INFORMATION

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

Current and correct registra�on informa�on is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect informa�on.

2.4 QUESTIONS AND CLARIFICATIONS

All questions and requests for clari�ication, related to this solicitation must:

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

• Identify Bidder’s name and contact information.

• Reference the OregonBuys bid number.

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

• Be received by the due date and �me for Ques�ons/Requests for Clarifica�on iden�fied in the Schedule.

2.5 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys.

Addendums are incorporated into this ITB by this reference and can be viewed and downloaded by interested par�es registered in OregonBuys, unless an alternate process is defined in Sec�on 2.4.2. Bidder is responsible for monitoring OregonBuys regularly un�l ITB Opening. Agency is not responsible for sending Addendum to any prospec�ve Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 60 calendar days from Opening.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid both on electronic thumb drive media and hard copy.

Hard copy version must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid. Agency requests Bids be submitted with the edges unbound.

The Bid should be presented in a format corresponding to 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 Fax, and, addressed as follows:

MAIL:

UIRW Post�ire Restoration

OREGONBUYS #S-Q10040-00009958

Illinois Valley SWCD John Bellville / District Manager 331 E Cottage Park Dr, Ste 1B Cave Junction, OR 97523

E-MAIL:

E-Mail Address: conservation@ivstreamteam.org

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

Subject: BID FOR OREGONBUYS #S-Q10040-00009958

District operating hours are generally Monday through Thursday 9:00 AM to 4:00 PM, Paci�ic Time, except for State holidays and State approved closures.

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modi�ied Bids are submitted before the Bid Closing date and time. To be effective the modi�ication must include the OregonBuys bid number and be submitted to the SPC by Bid Closing.

A Bidder wishing to make modi�ications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modi�ications and resubmit the Bid pursuant to Section 3.2.6.

mailto:conservation@ivstreamteam.org

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

• Submit modi�ication(s), in writing, on Bidder’s letterhead, noting the speci�ic change(s) to the original Bid submission. All modi�ications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Oral, facsimile, or telephonic modi�ications 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 Bid Closing in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will not be publicly opened, and the names of all Bidders will not be read by Agency at the location identi�ied on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 BID OPENING

Bids must be submitted by the Bid Closing 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 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 the 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 certi�ied copy of the bylaws or resolution of the board of directors showing the authority of the of�icer 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.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received before Bid Closing will be reviewed to determine if Responsive to all ITB requirements including compliance with the Bids Requirements section. If the bid is unclear, The SPC may require clari�ication from Bidder. However, clari�ications may not be used to rehabilitate a non-Responsive Bid. If the SPC �inds 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

The 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 not to be Responsible.

4.3 COST COMPARISON

Agency shall award the Contract rot the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 REFERENCES

Agency may check to determine if the 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 a cause for rejection.

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

4.5 RESERVED

4.6 PREFERENCES

4.6.1 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.

4.6.2 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.

4.6.3 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 speci�ied in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.6.4 PUBLIC PRINTING

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

4.6.5 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, �itness, 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.

4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, group 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 �inal selection is made, Agency will issue a notice of Intent to Award on OregonBuys. Bid �iles are public records and available for review at Agency by appointment.

5.2 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certi�icate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certi�icate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.3 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are a member 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.

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

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identi�ied in the ITB by the awardee and obtaining all requisite approvals required. Agency will proceed with �inal award. The Contract attached hereto as Attachment A is not negotiable.

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 subject to 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 outlined 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 is 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 the 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 ful�ill 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 Closing identi�ied 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 279.100, 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 of�icers, 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 Closing identi�ied in Section 1.3, all bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following the award of the Contract, responses to the ITB are subject to public information requests unless the response or speci�ic information contained therein is identi�ied 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 Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid as a 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 that 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)