ITB Mtn Beaver Trapping-Tillamook FINAL.pdf

ITB: S-62900-00006596 – Mountain Beaver Trapping Services, Tillamook District, Oregon

STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

MOUNTAIN BEAVER TRAPPING SERVICES, TILLAMOOK DISTRICT, OREGON

Invitation to Bid (ITB) for a Contract

S-62900-00006596

Date of Issue: April 18th, 2023

Closing: May 18th, 2023 at 2:00 PM

Single Point of Contact (SPC): Katrina Chinn, Contract Officer

Address: 2600 State Street, Bldg. E City, State, Zip Salem, OR 97301 Phone (voice) 971-345-7823

E-mail: katrina.chinn@odf.oregon.gov

PRE-BID CONFERENCE: A voluntary pre-bid conference is scheduled at 8:30 AM on May 4th, 2023. The conference will be held at the Oregon Department of Forestry Tillamook District Office at 5005 3rd Street, Tillamook, OR 97141, phone 503-815-7060.

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:katrina.chinn@odf.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK

1.3 SCHEDULE

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT (SPC)

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

PROCUREMENT METHOD

PRE-BID CONFERENCE

OREGONBUYS………

QUESTIONS AND CLARIFICATIONS

PROTEST OF ITB

ADDENDUM

PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 REFERENCES

4.5 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

4.6 OREGON SUPPLIES AND SERVICES

4.7 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 RECYCLED PRODUCTS

SECTION 8: LIST OF ATTACHMENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Forestry (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract to conduct mountain beaver trapping services in Tillamook, Oregon.

The purpose of the ITB is to establish a Contract to conduct mountain beaver trapping services in the Tillamook State Forest, Oregon. Agency anticipates the award of one Contract from this ITB. The Contract will be for trapping services between October 1st, 2023 and January 31st, 2024 (weather permitting). The Contract term shall be for a period of one (1) year, with the option to renew for three (3) additional one (1) year periods, not to exceed a total of four (4) years.

The successful Bidder will provide all material, equipment, labor and personnel, services and supplies necessary (except those designated as Agency-provided services or supplies) to perform and complete the services described in the bid invitation in accordance with the work requirements and the Statement of Work, Exhibit A of Attachment A.

1.1.1 AGENCY OVERVIEW AND BACKGROUND

The Oregon Department of Forestry mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon's forests to enhance environmental, economic, and community sustainability. Oregon Department of Forestry’s vision is to have healthy forests providing a sustainable flow of environmental, economic, and social outputs and benefits through statewide forest resource policies that are coordinated among Oregon's natural resource agencies.

1.1.2 PROJECT OVERVIEW AND BACKGROUND

Mountain beaver trapping is a required and standard silvicultural practice amongst most forest landowners. Mountain beaver are animals that live in or adjacent to recently harvested plantations. They target young seedlings as one of their primary sources of food. Many areas in the Tillamook State Forest have a high density of mountain beavers. This high population of mountain beaver can greatly affect the agency financially. In areas not trapped prior to planting, these animals can decimate an entire stand in just a couple of nights, causing many thousands of dollars in damage and loss of growth. Trapping is also a required tool needed to meet certain reforestation laws set forth in the Oregon Forest Practices Act. Trapping usually occurs prior to planting (September – December), but trapping after planting may be required if a large enough population re-inhabits an area. Usually only one effective trapping operation is required in any one given area. Annually, the Tillamook State Forest traps between 2,000-3,000 acres on average. This Contract will target specific areas in the Tillamook State Forest.

Work Area 1 contains 7 units totaling 520 acres.

Work Area 2 contains 6 units totaling 518 acres.

Work Area 3 contains 7 units totaling 643 acres.

1.2 SCOPE OF WORK

The scope of this ITB includes all products and services necessary for mountain beaver trapping. This includes, but is not limited to:

• All equipment necessary to complete the services specified in the Contract.

• All costs of equipment, supplies, operation, and transportation.

• All required safety equipment and training as prescribed in OSHA Division 7 (Forestry).

• Point of contact to supervise Contract operations and represent Contractor.

• Provisions of the products and materials.

It is the intent of this ITB to obtain one crew for each individual work area. Each crew shall consist of 6 to 10 persons (not including the foreman). One foreman per work crew is preferred, but not required if contractor can maintain all performance expectations outlined in this ITB and Attachment A – Sample Contract. The Contractor must possess the ability to trap all units under the scope of this Contract.

The Bid must contain information that clearly demonstrates that Bidder has a minimum of three (3) years (seasonal) of professional experience within the past seven (7) years successfully providing services that are comparable to those described in this Solicitation Document. Professional experience must include experience in trapping mountain beaver in a forestry-like setting.

Experienced and qualified supervisors of crews are essential to satisfactory performance of the work.

ODF may consider lack of competent and capable supervision as grounds to reject a bid or terminate a Contract. An experienced, qualified supervisor should have a minimum of 3 years (seasonal) experience doing the type of work requested in this ITB. ODF reserves the right to determine supervisory competence. Supervisors must be able to communicate fluently in English and in any language that crewmembers use to communicate. Bidder must be able to communicate fluently in English and in any language that crewmembers use to communicate.

Bidder must have at least 1,000 Conibear #110 traps ready and in working order.

Bidder must be able to meet all requirements and perform all services specified in the attached sample Contract and its exhibits.

1.2.1 Certifications and Licenses

1.2.2 Bidder must have and be able to demonstrate proof of the following current certifications and licenses:

FARM/FOREST LABOR LICENSE CONTRACTOR LICENSE: Bidders must have a valid Oregon Farm/Forest Labor Contractor License with forest category endorsement to be eligible for award of a Contract Bidder shall supply its License Number with its Bid. Contractor must maintain a valid license throughout the duration of the Contract.

For information on obtaining this license please contact:

Bureau of Labor & Industries Wage & Hour Division 800 NE Oregon St., 32, Suite 1160 Portland, OR 97232

The trapping services are to be completed between October 1st, 2023 and January 31st, 2024 (weather permitting).

1.3 SCHEDULE

The table below represents a tentative schedule of events. The times are listed in Pacific Time. All dates listed are subject to change.

Event Date and Time

Voluntary Pre-Bid Conference May 4th, 2023 at 8:30 AM

Questions / Requests for Clarification Due May 8th, 2023 at 5:00 PM

Answers to Questions / Requests for Clarification Issued (approximate) May 10th, 2023

ITB Protest Period Ends May 11th, 2023

Closing (Bids Due) May 18th, 2023 at 2:00 PM

Opening of Bids May 18th, 2023 at 2:00 PM

Issuance of Notice of Intent to Award (approximate) May 25th, 2023

Award Protest Period Ends 7 days after Notice of Intent to Award

Contract Execution (approximate) June 2nd, 2023

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 137-046-0110. 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 137-046-0110.

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

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

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

1.5 SINGLE POINT OF CONTACT (SPC)

The SPC for this ITB is identified on the Cover Page, along with the SPC’s contact information. Bidder shall direct all communications related to any provision of the ITB, whether about the technical requirements of the ITB, contractual requirements, the ITB process, or any other provision only to the SPC.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

Agency is issuing this ITB pursuant to its authority under ORS 279B.055 and OAR 137-047-0255 as a Competitive Sealed Bidding method. The Department is authorized to enter into the resulting Contract for this type of work under ORS 530.050(4).

PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047-0255, and may use any available optional procedures.

PRE-BID CONFERENCE

A voluntary pre-Bid conference will be held for this ITB.

DATE TIME LOCATION

May 4th, 2023

8:30am ODF Tillamook District Office

5005 3rd Street Tillamook, OR 97141

503-815-7060

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

OREGONBUYS

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

Alternative Accessibility to Addenda, Attachments, and Exhibits

If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents in the below Section 2.4.2.

OREGONBUYS Assistance

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at

1-855-800-5046 or by email at support.oregonbuys@das.oregon.gov.

OREGONBUYS Registration Information

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

QUESTIONS AND CLARIFICATIONS

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

• Be submitted through email to the SPC identified on the cover page of this ITB.

• Reference the ITB #S-62900-00006596

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.

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

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.

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 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 #S-62900-00006596;

• 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 protest is based.

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

Agency will address all protests meeting the requirements within five (5) business days and will issue a written decision. Protests not meeting these requirements will not be considered by Agency. Protests will be received by the following methods:

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

ADDENDUM

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

PROTEST OF ADDENDUM

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

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

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

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 Bid Format

Bidder shall submit its Bid electronically to SPC through email, without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid.

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

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 Quantity Of Bids to Be Submitted

One (1) bid with original signature and all required documents must be submitted on or before Closing May 18th, 2023 at 2:00 PM.

3.2.4 Bid Labeling

The Bid shall be submitted with the following information:

• Name of Bidder (or Company Name)

• ITB Number S-62900-00006596

• Closing (date and time)

• SPC Name

3.2.5 Bid Modification

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

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

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

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

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

3.2.6 Bid Withdrawal

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

3.2.7 Late Bids

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

3.2.8 Opening Of Bids

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

3.3 BID REQUIREMENTS (PASS/FAIL)

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

3.3.1 Closing

Bids must be submitted by Closing to be considered.

3.3.2 Required Forms

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Cost Bid Form

• Attachment E – COBID Certification/Outreach Plan

• Attachment F – Responsibility Inquiry

• Attachment G – Attestation of Compliance with Tax Laws

If applicable, the following form must be submitted by bidder:

• Attachment H – Affidavit of Trade Secrets

3.3.3 Authorized Signature

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 References

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

(7) years. Bidder must also provide three (3) references from projects performed by the Key Person(s) within the last five (5) years. Information provided must include:

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

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

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

3.3.5 Material or Technical Requirements

MATERIALS AND SERVICES FURNISHED BY ODF:

• A Designated representative to administer the Contract.

• Periodic inspection of work for compliance and certification of Contractor's work.

• Maps (electronic or paper) and aerial photos of trapping units.

MATERIALS AND SERVICES FURNISHED BY Contractor:

• All equipment necessary to complete the work specified in the Contract (i.e. mountain beaver traps, Conibear #110 trap required, ≥ 1000 total traps; transportation for work crew).

• All costs of equipment, supplies, operation, and transportation.

• Minimum of 1 crew each day, at the rate specified in the Work Crew Section of the Statement of Work in Exhibit A of Attachment A to this ITB, with Key Persons (an experienced, qualified supervisor for the trapping crew).

• All required safety equipment and training as prescribed in OSHA Division 7 (Forestry).

• Point of contact to supervise Contract operations and represent Contractor.

• All Contractor vehicles shall be equipped with a working CB radio for monitoring traffic on forest roads.

3.3.6 Key Persons

Experienced and qualified supervisors of crews are essential to satisfactory performance of the work. ODF may consider lack of competent and capable supervision as grounds to reject a bid or terminate the Contract.

An experienced, qualified supervisor should have a minimum of 3 years (seasonal) experience doing the type of work requested in this bid. ODF reserves the right to determine supervisory competence. Supervisors must be able to communicate fluently in English and in any language that crew members use to communicate.

It is the intent of this ITB to have one work crew for each individual work area—that is, three total work crews that will be simultaneously working at all times. Each crew shall consist of 6 to 10 persons (not including the foreman). One foreman per work crew is preferred, but not required if Contractor can maintain all performance expectations outlined in this ITB and Attachment A – Sample Contract.

3.3.7 Bid Requirements

Bidder must provide all information required in 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 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible, in accordance with ORS 279B.110, prior to award and execution of the Contract. Bidder shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

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

4.3 COST COMPARISON

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

4.4 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 regarding whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.5 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

Reserved.

4.6 OREGON SUPPLIES AND SERVICES

4.6.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128. Each Bidder must identify whether the Bidder is a Resident Bidder, as defined in ORS 279A.120(1).

4.6.2 Reciprocal Preference

For bid calculation purposes per OAR 137-046-0310, 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 specified in ORS 279A.125 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, fitness, availability and quality, and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137- 046-0300.

4.7 METHOD OF AWARD

4.7.1 General Award

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

The Agency will award a Contract to the Responsible Bidder submitting the lowest, Responsive Bid.

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 seven (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 a 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:

• 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 to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 PAY EQUITY

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

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

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

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 unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character based on an employee’s membership in a protected class.

“Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this Section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

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

5.4 NONDISCRIMINATION IN EMPLOYMENT

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

5.5 OTHER REQUIRED INFORMATION

5.5.1 Insurance

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB.

Insurance Requirements are found in Exhibit B of Attachment A.

SECTION 6: CONTRACT EXECUTION

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

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

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

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in completely 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), ORS 279B.225 and ORS 279B.270-279B.280).

SECTION 8: LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT 1 – Unit Vicinity Work Area 1 & 2

ATTACHMENT 2 – Unit Vicinity Work Area 3

ATTACHMENT 3 – Work Area 1 Units

ATTACHMENT 4 – Work Area 2 Units

ATTACHMENT 5 – Work Area 3 Units

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – COST BID FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – ATTESTATION OF COMPLIANCE WITH TAX LAWS

ATTACHMENT H – AFFIDAVIT OF TRADE SECRET

ATTACHMENT A — SAMPLE CONTRACT

State of Oregon

Contract for Services

PO-XXX

Services provided under this Contract are for Tillamook District Mountain Beaver Trapping in the

Tillamook State Forest.

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Department of Forestry, (“Agency” or “ODF”) and ________, a [_______][doing business as _____] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title **Address

**City, State ZIP Phone: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency’s Contract Administrator for this Contract is:

Trevor Madison, Reforestation Unit Forester ODF Tillamook District Office 5005 3rd St.

Tillamook, OR 97141 Phone: 503-815-7060 Email: Trevor.J.MADISON@odf.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section 17.6 of this Contract.

The Agency has authority to enter into this Contract for the procurement of Mountain Beaver Trapping Services, pursuant to its authority under ORS 530.050(4).

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, the initial term of the Contract is one (1) year with an option to renew annually up to an additional three (3) years, up to a cumulative maximum of four (4) years. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. This Contract less all exhibits;

2.2. Exhibit A (Statement of Work);

2.3. Exhibit B (Required Insurance);

2.4. Exhibit C (Independent Contractor Certification); and

2.5. Exhibit D (Compensation).

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services” or “Work”) and deliver to Agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the mailto:anyname@yahoo.com mailto:Trevor.J.MADISON@odf.oregon.gov

“Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. By no later than

(i) 15 business days after receipt of such notice, or (ii) the date or the period or review set forth in the Statement of Work, Agency will determine whether the Deliverable has the Characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables have the characteristics and meets the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverable does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor’s delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to

Contractor under this Contract, which includes any allowable expenses, is $XXX.XX. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract, and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4.1.1. Prior to any amendment to add additional Services, either Contractor or Agency may request price renegotiation for the succeeding Work. This price renegotiation will be conducted in good faith between the Parties.

4.1.2.

4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment section and requirements set forth in Exhibit A and at the Unit Price listed within Compensation, Exhibit D. In order for Contractor to receive payments from ODF, Contractor must register on OregonBuys: https://oregonbuys.gov/bso/

4.3. Invoices. Contractor shall submit invoices to the Agency’s Contract Administrator, Trevor Madison, at Trevor.J.MADISON@odf.oregon.gov. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or no more frequently than once per month for accepted Deliverables and Services. The invoices must list Agency contract number PO-XXX, describe all https://oregonbuys.gov/bso/ mailto:Trevor.J.MADISON@odf.oregon.gov

Services performed, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed. Contractor shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement.

4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement of Work or elsewhere in this Contract.

Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at: http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

5. Contractor’s Personnel.

5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor’s key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency’s written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.

5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services. Such period of non-charge will be agreed upon by the parties.

5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by Agency and the State for access to and activities in and around premises controlled by Agency or any other agency of the State.

6. Independent Contractor; Responsibility For Taxes And Withholding

6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor.

Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, Agency may not and will not control the means or manner http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.

6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance of the Services under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Contract.

6.3. Affiliation. Contractor understands and agrees that it is not an “officer,” “employee,” or “agent” of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.

6.4. Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless required by applicable law, Agency will not withhold from such compensation or payments any amount to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

7. Subcontracts, Successors, And Assignments

7.1. Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Contract without Agency’s prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. Agency’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Contract.

7.2. Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns, if any.

7.3. No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Contract without Agency’s prior written consent.

8. Representations and Warranties.

8.1. Contractor’s General Representations and Warranties. Contractor represents and warrants to Agency that:

8.1.1. Contractor has the power and authority to enter into and perform this Contract;

8.1.2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;

8.1.3. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services;

8.1.4. Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty; and

8.1.5. Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with:

8.1.5.1. All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

8.1.5.2. Any tax provisions imposed by a political subdivision of this state that applied to

Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

8.1.5.3. Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor;

8.1.5.4. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions; and

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

8.2. Contractor’s Performance Warranties.

8.2.1. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor shall apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor’s industry, trade or profession;

8.2.2. The Services and each Deliverables delivered by Contractor pursuant to the Services will materially comply with any service descriptions, specifications, standards or requirements set forth in this Contract;

8.2.3. Except as otherwise provided in this Contract (including Section 9), Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind; and

8.2.4. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract.

8.3. Warranties cumulative. The warranties set forth in Section 8 are in addition to, and not in lieu of, any other warranties set forth elsewhere in this Contract.

9. Ownership of Work Product.

9.1. Definitions. As used in this Section 9, and elsewhere in this Contract, the following terms have the meanings set forth below:

9.1.1. “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Services.

9.1.2. “Third Party Intellectual Property” means any intellectual property owned by parties other than

Agency or Contractor.

9.1.3. “Work Product” means everything that is originally made, conceived, discovered, or reduced to practice by Contractor or Contractor’s subcontractors or agents (either alone or with others) pursuant to this Contract, including every invention, modification, discovery, design, development, customization, configuration, improvement, process, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection).

9.2. Original Works. All Work Product created by Contractor pursuant to the Services, including derivative works and compilations of Work Product, and whether or not such Work Product is considered a work made for hire or an employment to invent, is the exclusive property of Agency.

Agency and Contractor agree that such Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire,” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all…