ITB - Miller Lake Road Resurfacing Fremont-Winema GNA 2026~1.pdf

ITB S‐62900‐00017551 – Miller Lake Road Resurfacing Fremont‐Winema GNA 2026

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STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

Invitation to Bid (ITB)

S‐62900‐00017551

Date of Issue: July 28, 2026

Closing: August 20, 2026, Time 2:00 PM (Pacific Standard Time)

Single Point of Contact (SPC):

NAME: Katrina Chinn EMAIL: Katrina.chinn@odf.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.

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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

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

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 RESERVED

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

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 PROHIBITION OF DISCRIMINATORY WAGE RATES BASED ON PROTECTED CLASS

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

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

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The Oregon Department of Forestry (“Agency” or “ODF”) issues this Invitation to Bid (ITB) seeking a Contractor to perform road resurfacing Services on Miller Lake Road, in the Fremont-Winema National Forest of Oregon under Good Neighbor Authority (the “Project”). Contractor shall perform all Services as described in Exhibit A of Attachment A, the Statement of Work (SOW) for the Project.

Contractor shall begin the Work September 15, 2026 (weather and snow conditions permitting) and complete all Services by November 1, 2027.

The Agency will hold the Contract, be responsible for payment, act as Agency representatives, local contacts and Contract field inspectors on Contract implementation and for accepting completed Work. The Contractor shall contact ODF staff for issues and questions regarding policy, analysis, format requirements and SOW tasks.

As a result of this Solicitation process, the Agency intends to award a single Contract for the Services described in this Solicitation Document. The form of the resulting Contract and applicable general provisions are included in Attachment A (Sample Contract). Additional Services, within the scope of this Solicitation and resulting Contract, may be added to or subtracted from the Contract via written amendment. The cost of those amendments will be negotiated. The parties may need to modify selected terms, conditions, price(s) and types of Work under circumstances related to the following illustrative, although not exhaustive, categories of amendments:

(a) Amendments to extend the term of the Contract for additional periods;

(b) Amendments to increase or decrease the quantity of Work;

(c) Amendments to add new Work within the scope of the Solicitation, if any, at the prices specified within the Solicitation responses or at a discount to these prices or, if no Solicitation, within the scope of the Statement of Work;

(d) Amendments to increase the maximum, not-to-exceed compensation payable to Contractor to cover new Work or additional quantity of Work added to the Contract;

(e) Amendments to delete Work;

(f) Amendments to decrease the maximum, not-to-exceed compensation payable to Contractor; and

(g) Amendments to change or add additional specifications.

The term of the awarded Contract is intended to be in effect until November 1, 2027, but may be amended for additional time.

Unless otherwise specified, the selected Contractor shall be required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Services when performing Work under the Contract resulting from this Solicitation Document.

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This work is subject to Oregon prevailing wage rates and federal Davis-Bacon rates.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

The Contractor shall provide road resurfacing Services (the “Work”) for ODF on Miller Lake Road in the Fremont-Winema National Forest in Klamath County, Oregon. The Work includes spanning stations 0+00 to 611+91, grading the existing surface and applying a compacted 2-inch lift of ¾"– 0" crushed rock sourced from a certified weed-free vendor.

Contractor shall re-establish or maintain drainage (depending on site conditions), cutting out surface irregularities, and compacting the new rock layer to specified standards using a vibratory roller. Rock accountability will be ensured through depth measurements and load records, and compaction must occur under suitable moisture conditions.

Throughout the Work period, Contractor shall manage traffic to allow continued access to Miller Lake and Digit Point Campground, with appropriate signage and flagging as provided during operations.

Contractor shall work with ODF staff to ensure that the Work is satisfactorily completed.

Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the Goods and Services that the agency is purchasing.

The Work to be performed under this Solicitation is considered Public Works. Public Works is defined in ORS 279C.800 and OAR 125-246-0110 (128). The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates.

Before starting the Work, Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate Public Works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. Contractor shall also include in every subcontract a provision requiring the subcontractor to have a Public Works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the subcontractor has filed a Public Works bond before permitting the subcontractor to start Work.

This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (BOLI) wage requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web link:

Prevailing Wage Rates for Public Works Contracts dated July 5, 2026.

Prevailing Wage Rates Apprenticeship Rates in effect July 5, 2026.

These BOLI wage rates are available online at:

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx

Because the Project involves federal funds, this ITB and the resulting Contract are subject to federal Davis-Bacon Act requirements in addition to BOLI requirements. Contractor shall pay the higher of the BOLI wage rates and fringe benefits, as identified in the above BOLI wage rate booklet, or the

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The Work will take place in Klamath County, BOLI Region 11.

Workers must not be paid less than the applicable State prevailing rate of wage. If Contractor fails to pay for labor and Services, Agency can pay for them and withhold these amounts from payments to the Contractor. The Contractor must pay daily, weekly, weekend and holiday overtime as required in ORS 279C.540. The employer must give written notice to the workers of the number of hours per day and days per week they may be required to work. Contractor must make prompt payment for all medical services for which Contractor has agreed to pay, and for all amounts for which Contractor collects or deducts from the worker’s wages.

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).

PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. The Agency may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys: July 28, 2026

Deadline for Inquiries (Questions and Requests for Clarification):

August 7, 2026 2 PM PST

ITB Protest Period Ends: August 13, 2026

Closing/Bids Due/Bid Opening: August 20, 2026 2:00 PM PST

Issuance of Notice of Intent to Award: August 26, 2026 (approximate)

Award Protest Period Ends: 7 days after Intent to Award notice

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.

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1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

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

"Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

“Agency" means the State agency subject to Department of Administrative Services (DAS) purchasing authority pursuant to ORS 279A.050 and ORS 279A.140. For purposes of this Solicitation Document the Agency is the Oregon Department of Forestry (ODF).

“Bid” or “Offer” means the Bidder's Written Offer submitted in response to this Invitation to Bid, including all necessary attachments.

“Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

“Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.

"Contract" means the entire agreement between the parties, including but not limited to these Standard Terms and Conditions, any Special Terms and Conditions and other provisions of this Solicitation Document, the Offer, any purchase order, work order, or price agreement document, and any terms and conditions contained in any exhibits, schedules and other attachments to and amendments and restatements of any of the above.

“Contractor” means the person or organization with whom the Agency enters into a Contract setting prices, terms, and conditions for the Services to be performed under the Contract.

“ITB” means this Invitation to Bid.

"ODF" means Oregon Department of Forestry.

“OregonBuys” means the Oregon Procurement Information Network, which is the State of Oregon’s automated procurement system. OregonBuys is the official publication forum for State procurement notices and advertisements by all agencies subject to DAS procurement authority.

“Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

“Responsible” means a Person who meets the standards of responsibility as described in ORS 279B.110.

“Responsive” means having the characteristic of substantial compliance in all material respects with applicable requirements of this Solicitation Document.

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

“Services” means all work required to be performed under the Contract resulting from this Solicitation Document.

“Solicitation Document” or “Invitation to Bid (ITB)” means this document, including all

ITB S‐62900‐00017551 – Miller Lake Road Resurfacing Fremont‐Winema GNA 2026

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“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.

“State” means the State of Oregon.

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

“Written” or “Writing” means conventional paper documents, whether handwritten, manuscript or printed, in contrast to spoken words. It also includes facsimile documents or electronic transmissions to the extent permitted by this Solicitation Document or the Contract.

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

The Agency is conducting this bid pursuant to its authority under Good Neighbor Authority in ORS

526.274 and DAS Delegation Agreement No. REQ-DASOBO-00065874.

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.

2.3 PRE‐BID CONFERENCE

RESERVED.

2.4 OREGONBUYS

This Solicitation Document, including attachments and any Addenda issued, is published on OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. Bidders should check OregonBuys regularly up until Closing for any changes made to the Solicitation Document. Agency is not responsible for any errors or omissions from downloading the Solicitation Documents, attachments, and any Addenda issued.

2.4.1 OREGONEBUYS ASSISTANCE

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

2.4.2 OREGONBUYS REGISTRATION INFORMATION

Bidder must be registered in OregonBuys® to do business with the State. Registration is free.

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To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance:

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

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:

Be submitted in writing (via email) to the SPC identified on the cover page of this ITB.

Reference the ITB name and Solicitation # S-62900-00017551 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

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing (via email) to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum. Agency will not consider protests received after these deadline(s).

Protests must include:

Protestor name and contact information;

The ITB name and Solicitation # S-62900-00017551;

Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the

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Any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency.

Protests will be received by the following method:

Emailed to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

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

2.8 PROTEST OF ADDENDUM

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

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 120 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

email. For instruction on how to submit electronically through OregonBuys, please click here.

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available. ODF is not responsible for incomplete Bids or Bids that were not correctly addressed to email of Single Point of Contact identified on the cover page.

Bids must be received by the Agency before the scheduled Solicitation Document Closing date and time. Late Bids will not be considered.

All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by Agency. The Agency will not accept Bids that require payment by the State.

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3.2.1 BID LABEL

The Bid shall be submitted with the following information:

Name of Bidder (or Company Name);

ITB name and Solicitation # S-62900-00017551;

Closing (date and time);

SPC Name.

3.2.2 BID MODIFICATION

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

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

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

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

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

3.2.3 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 (via email) 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. Electronic signature is acceptable.

3.2.4 LATE BIDS

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

3.2.5 OPENING OF BIDS

Agency will hold a public Bid Opening immediately following the Closing, unless otherwise specified below. Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

Agency will hold the public Bid Opening through electronic means. Interested parties may attend the public Bid Opening for this solicitation electronically as follows (it is attendee’s choice to use video or audio only):

your computer or mobile phone and follow the following link:

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Join:

https://teams.microsoft.com/meet/221011693415741?p=Tj9wXqlfuzYJE5PKva Meeting ID: 221 011 693 415 741 Passcode: PT9bQ9jB

Dial in by phone:

+1 503-446-4951,,851761298# United States, Portland Find a local number Phone conference ID: 851 761 298#

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis to determine those that advance to evaluation. 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 complete and submit the following forms to be considered responsive:

Attachment B – Bid Cover Sheet

Attachment C – Reference Check Form

Attachment D – Bid Submittal Form

Attachment E – COBID Certification / Outreach Plan

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. Electronic signatures are acceptable. 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 MATERIAL OR TECHNICAL REQUIREMENTS

Minimum Specifications for equipment – Compactor:

The drum shall have a smooth surface, a diameter not less than 48 inches, a width not less than 58 inches, and a turning radius of 15 feet or less. Vibration frequency shall be regulated in steps to 1400, 1500, and 1600 VPM, corresponding to engine speeds of 1575, 1690, and 1800 RPM.

The centrifugal force developed shall be 7 tons at 1600 VPM. It shall be activated by a power unit of not less than 25 horsepower.

3.3.5 KEY PERSONS

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Reserved.

3.3.6 BID PRICE REQUIREMENTS

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

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Intent to Award notice.

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

4.3 RESERVED

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Contractor shall have a Compactor that meets the specifications detailed in Section 3.3.4.

Contractor shall have 2 years of experience performing road resurfacing or similar work. Similar work will be determined by ODF in its sole discretion.

4.5 REFERENCES

Using Attachment C – Reference Check Form, Bidders 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.

4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

Reserved.

4.7 PREFERENCES

4.7.1 OREGON SUPPLIES AND SERVICES

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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 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 a Responsive Bid with the lowest total price. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in

ORS 279B.410:

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All lower Bids are non-Responsive.

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

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

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

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

5.2.1 PROTESTS MUST:

Be delivered to the SPC via email.

Reference the ITB number

Identify Bidder’s name and contact information

Be signed by an authorized representative

Specify the grounds for the protest

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

5.2.2 RESPONSE TO PROTEST

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

5.3 PROHIBITION OF DISCRIMINATORY WAGE RATES BASED ON PROTECTED CLASS

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, gender identity, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

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

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in

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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 C 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.

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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)