ITB - PA - BRAS CUPPED HFL Review.FINAL.docx

Oregon Department of Corrections (ODOC) Purchasing/Contracts Division

INVITATION TO BID FOR THE PURCHASE OF

BRAS CUPPED

ITB S-29100-00007946

For

PRICE AGREEMENT

Address: 3601 State Street Salem, OR 97301-4285

TABLE OF CONTENTS

SECTION A: SCHEDULE OF EVENTS

SECTION F- RESIDENCY INFORMATION

(To Be Completed By ODOC)

SECTION A – SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency reserves the right to modify these dates at any time, with appropriate notice to prospective Bidders. All times are Pacific Time (PT).

SECTION B – INTRODUCTION

B.1 PURPOSE OF THIS SOLICITATION:

The purpose of this Invitation to Bid (ITB) is to establish a Price Agreement (PA) with one or more qualified Contractors to provide for the purchase of BRAS CUPPED as indicated in this ITB for the Oregon Department of Corrections (ODOC). ODOC will order the PRODUCTS indicated in this ITB utilizing pricing from Section 6 of this ITB and an ODOC approved Purchase Order. The State reserves the right to award one or more Price Agreement(s).

B.1.1 AUTHORITY:

ODOC is conducting this Invitation to Bid pursuant to its authority under ORS 179.040; 279A.050(6)(i); Oregon Administrative Rule (OAR) Chapter 291 Division 159; and OAR 137-047-0255 as a single step solicitation.

B.1.2 SINGLE POINT OF CONTACT (SPC):

There will be one (1) ODOC point of contact during the solicitation process. The designated SPC for questions concerning the procurement process, requests for brand approval, change, clarification and the award process, and any other questions that may arise is cited on Page 1 of this document. All contact regarding this ITB must be directed to the ODOC SPC identified on page 1. Contact with other ODOC staff regarding this ITB without prior clearance from the SPC may result in bidder disqualification.

B.1.3 TERM:

The initial term of the awarded Price Agreement(s) will be two (2) years from the date of award. At the end of the initial term ODOC Purchasing Unit may decide to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of ODOC Procurement Unit and is subject to written mutual agreement.

The maximum resulting Price Agreement term, including the initial term and all subsequent extensions, shall not exceed ten (10) years.

B.2 ITB, ADDENDA AND ATTACHMENTS:

“ITB” means all documents whether attached or incorporated by reference and any addenda thereto, and the terms and conditions, used for soliciting bids in accordance with ORS 279B.055. ITB’s, including all terms and conditions, addenda, and attachments, are posted on the OregonBuys website and will not be mailed to prospective bidders. Addenda can be downloaded from OregonBuys. Bidders should consult OregonBuys regularly until bid closing to ensure bidders have not missed any addenda announcements. It is the sole responsibility of each bidder to obtain all addenda information from the OregonBuys system. Bidders shall submit all information including pricing and any discounts as indicated in section 6.

B.2.1 ESTIMATED SPEND:

Historical One Year Spending Statewide: $100,000.00 - $125,000.00

Purchases may be in a greater or lesser volume than indicated in this Section during any term of the Price Agreement awarded. Therefore, the quantities of BRAS CUPPED indicated are estimates offered solely for the purpose of illustrating potential sales volumes and should not be construed as an indication of the volume of BRAS CUPPED Bidder may be required to provide under the Price Agreement awarded. These volumes and spend figures are not, and may not be construed as, any representation, warranty, or guarantee of the volume and spend figures for BRAS CUPPED that actually will be purchased by ODOC. Bidders agree to accept all risks associated with the volumes and spend of BRAS CUPPED purchased under any resulting Price Agreement. By submitting a bid, each bidder thereby expressly waives and relinquishes any claim it may have, if awarded a price agreement, that may arise out of or related to the volume of BRAS CUPPED purchased under any price agreement.

Bids will be accepted only from established manufacturers or their authorized dealers. Any dealer submitting a Bid hereby guarantees that it is an authorized dealer of the manufacturer, that the manufacturer has agreed to supply the dealer with all quantities of Goods required by the dealer in fulfillment of its obligations under any resultant Price Agreement(s) with the ODOC, and, if requested, that it will provide a certificate from the manufacturer acknowledging this level of support.

B.3 METHOD OF AWARD:

Pursuant to the bid evaluation criteria specified in Section C.12 of this ITB, ODOC may award a single or multiple Award(s) to responsible Bidders submitting responsive Bid pricing. The definition of a responsive Bidder(s) is located in Section C.12.1. The definition of responsible Bidder(s) is located in Section C.12.2 of this ITB.

B.4 SOLICITATION LAW AND RULES:

This ITB and any awarded Price Agreements and resulting Contracts are governed by Oregon Law. Specific laws and rules that govern this solicitation process are found in Chapter 279A and 279B of the Oregon Revised Statues, and Oregon Administrative Rule (OAR) 137 Division 047. The ITB and any awarded Price Agreements and resulting Contracts may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

B.4.1 OREGON REVISED STATUTES (ORS 279A and 279B) Legislative Counsel Committee online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspxl

B.4.2 OREGON ADMINISTRATIVE RULES (OAR 137 DIVISION 047)

Oregon Secretary of State online at: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_047.htmll

SECTION C - GENERAL BIDDING INFORMATION

C.1 ITB DEFINITIONS and oregon buys crosswalk terminology:

Together with the Definitions found in Exhibit A, Section 1 of the Price Agreement, the following definitions apply to this ITB:

"Addendum" or "Addenda" means an addition or deletion to, a material change in or general interest explanation of this ITB. Addendum or Addenda shall be labeled as such and shall be made available to all interested Bidders on OregonBuys.

“Agency” means the Oregon Department of Corrections (ODOC) who has entered into this Contract for the purchase of the goods and is synonymous with “Buyer” as used in ORS chapter 72.

"Bid" means a response to an Invitation to Bid and is synonymous with “Offer”.

"Bidder" means a person who submits a Bid in response to this Invitation to Bid.

“Closing" means the date and time announced in the ITB as the deadline for submitting Bids.

“Contractor" means a person or organization with which the ODOC has contracted for the purchase of Goods. The terms "Contractor" and "Seller" as used in the Uniform Commercial Code (ORS chapter 72) are synonymous.

“F.O.B.” (Free on board OR Freight on board) has the meaning found in ORS 72.3190.

“Goods” means all things pursuant to ORS 72.1050, and includes the listed items in Exhibit A, Section 5 “Specifications.”

"Invitation to Bid" or "ITB" is defined in ORS 279B.005 and ORS 279C.400 and means all documents whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids in accordance with ORS 279B.055.

“OAR” means the Oregon Administrative Rules.

“Official Time” means the synchronized time used by State of Oregon servers and cell phones which are managed by the continental atomic clock.

“ORS” means the Oregon Revised Statutes.

"Opening" means the date, time and place announced in the Solicitation Document for the public opening of Bids.

“OregonBuys” means the on-line electronic system administered by the Oregon Department of Administrative Services State Procurement Office. https://oregonbuys.gov “ODOC” means the Oregon Department of Corrections and is synonymous with “Buyer” as used in ORS Chapter 72.

“Purchase Order” or “Order” means the documentation, including but not limited to Purchase Orders, Delivery Orders and Notices to Proceed that are submitted to Contractor by ODOC initiating the purchase and delivery of Goods under this Contract.

“Solicitation Document” means this Invitation to Bid and all other documents, either attached or incorporated by reference, and any changes thereto, issued by ODOC to establish a Contract.

“Specifications” means the specific attributes of the Goods to be purchased or to be performed, if any as described in Sections 5.

“State” means the State of Oregon and its Boards, Commissions, Departments, Institutions, and Agencies.

“State Agency” or “State Agencies” means boards, commissions, departments, or agencies of the State of Oregon, whose costs are paid, in whole or in part from funds held in the State Treasury.

“Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

C.2 GENERAL INFORMATION:

C.2.1 BIDS ARE FIRM OFFERS:

A Price Agreement resulting from this ITB constitutes a firm offer by the Bidder regardless of whether any order or purchase has been made or any performance has been tendered under the Price Agreement. A resulting Price Agreement is enforceable for the period stated in the Price Agreement and notwithstanding ORS 72.2050; obligations hereunder are not revocable by the awarded Contractor. See ORS 279B.140

C.2.2 BID SUBMISSION AND CLOSING:

ODOC will receive Bids until the Closing date and time specified in the “Schedule of Events” of this ITB, or as amended by Addenda. All Bids must be submitted in the manner required in Section C.3 of this ITB.

C.2.3 TRADE SECRETS:

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505." Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information submitted by Bidder when authorized or required by law, or pursuant to a court or administrative order to do so. The State is immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3).

Identifying the Bid, in whole, as exempt from disclosure as a trade secret or as confidential proprietary information is not acceptable. Bidder is cautioned that 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 waive any future claim of non-disclosure of that information.

C.3 BID FORMAT:

C.3.1 SIGNATURE REQUIRED; BIDDER AFFIRMATIONS:

All Bid documents requiring signature must be signed in ink or by electronic signature per ORS Chapter 84 by an authorized representative of the Bidder. Bidder's signature and submission of the Contractor's signature page in Section 7 of the Price Agreement in response to the ITB constitutes Bidder's affirmation that:

C.3.1.1 Bidder has completely read and understands all the provisions of this ITB.

C.3.1.2 The Bid submitted is in response to the specific language contained in this ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

C.3.1.3 The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

C.3.1.4 The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder's failure to comprehend all requirements of this ITB.

C.3.1.5 The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process.

C.3.1.6 Bidder accepts and agrees to be bound by the terms and conditions of the Terms and Conditions and agrees to provide all goods ordered by ODOC.

C.3.1.7 Contractor has the power and authority to enter into and perform this Contract.

C.3.1.8 This Contract, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms.

C.3.1.9 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 of this Contract, faithfully has complied with:

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

(b) 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.

(c) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to Services, or property, whether tangible or intangible, provided by Contractor; and

(d) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

C.3.1.10 Any Goods delivered to ODOC under this Contract, and Contractor’s Products rendered in the performance of Contractor’s obligations under this Contract, shall be provided to ODOC free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

C.3.1.11 ITBs, ADDENDA AND ATTACHMENTS:

“ITB” means all documents whether attached or incorporated by reference and any Addenda thereto, and the Terms and Conditions, used for soliciting Bids in accordance with ORS 279B.055. ITBs, including all Terms and Conditions, Addenda, and most attachments, are posted on the OregonBuys website and will not be mailed to prospective Bidders. Addenda can be downloaded from OregonBuys. Bidders should check OregonBuys regularly prior to Bid Closing to ensure all Addenda documents have been signed. By submitting a bid, the bidder thereby agrees that it accepts all risks associated with or related to bidder’s failure to obtain any or all addenda information.

C.3.2 BIDS SUBMITTED THROUGH OregonBuys:

Bidders are required to submit electronic Bid responses using the OregonBuys System. To enter electronic Bid responses, suppliers must register in OregonBuys. No other forms of bid submittal will be accepted.

Bidders unfamiliar with OregonBuys should visit the DAS or OregonBuys websites:

State of Oregon: Procurement - OregonBuys eProcurement System https://oregonbuys.gov/bso/

For assistance contact: support.oregonbuys@oregon.gov C.3.3 Submittals that are late, incomplete, or misdirected will be considered non-responsive, with no exceptions. ODOC is not responsible for lost Bids, misdirected Bids, or the improper handling of any Bid submitted through OregonBuys.

C.4 BID CONTENTS:

C.4.1 REQUIRED INFORMATION TO BE INCLUDED WITH BID SUBMISSION:

· SECTIONS D, E, F and G; Signed by Authorized Representative.

· EXHIBIT A, “Price Agreement”; with all signatures by Authorized Representative

· All addenda requiring signature; and all other documents identified in the ITB as required.

C.4.2 All Bids must be complete in all respects, including necessary signatures, certifications, documentation, responses on pricing and Specifications pages, and any other required information. All necessary attachments (residency statement, references, descriptive literature, manufacturers' warranties, etc.) must be submitted with the Bid in the required format.

C.4.3 GOODS PRICING AND IDENTIFICATION:

Bidders must clearly identify all Goods Bidder is bidding on, including all information requested in Section 6.

C.4.4 JOINT VENTURES/PARTNERSHIPS:

When a Bidder is a partnership or joint venture, Bidder shall supply, with the Bid submission, the name of the contact person for the partnership or joint venture. Prior to award, joint ventures and partnerships submitting Bids must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Price Agreement that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. Such Bidder must also designate a contact person for purposes of receiving all notices and communications under the Price Agreement. All partners and joint venturers will be required to sign the Price Agreement awarded.

C.4.5 SUBCONTRACTORS:

The use of subcontractors will be permitted in the provision of Goods under this Price Agreement with prior written approval of the Agency. In the event the Contractor is unable to provide Goods at a location with Contractor’s own work force, Contractor may employ a subcontractor to provide such Goods, per the provisions of this Contract. All subcontractors that Contractor plans to use must be identified in the Bid. Each such subcontractor must meet all requirements of this ITB and provide all insurance information and coverages required of Contractor. The prime Contractor shall be solely responsible for all work performed under the Price Agreement including work performed by subcontractors and shall be responsible for all payments to subcontractors for work performed under this Price Agreement.

C.4.6 SUBSTANTIAL COMPLIANCE REQUIRED:

ODOC will not consider incomplete Bids (not in substantial compliance with ITB requirements), and Bidders cannot supplement incomplete Bids by delivering submissions after Closing. However, in ODOC’s sole discretion, ODOC may waive minor informalities, irregularities, or nonconformance with this ITB; and ODOC may seek clarification from Bidders of any response that, in its sole discretion, it deems necessary or advisable.

C.4.7 ALTERNATE BIDS NOT CONSIDERED:

Alternate Bids will not be considered for award. An Alternate Bid is defined as one which is submitted in addition to the Bidder's primary response to the ITB. Bidders may submit only one (1) Bid per Bidder. Bidders may NOT submit multiple prices for the same line item. Bidders may only submit one price per line item. Unless otherwise stated in this ITB, Bidders may not offer varieties of product and pricing within a single line item.

C.5 METHODS OF SEEKING MODIFICATIONS OF ITB PROVISIONS:

C.5.1 PROCEDURE:

The appropriate means of seeking modifications to provisions of an ITB are through a request for formal submittal of requests for changes to contractual terms or Specifications.

C.5.2 REQUEST FOR CLARIFICATION:

Any Bidder requiring clarification of any provision of the ITB may make a request for clarification in writing, to the SPC listed on page 1. To be considered, ODOC must receive the request for clarification by the deadline specified Section A, “Schedule of Events,” of this ITB.

C.5.3 RESPONSE TO REQUESTS FOR CLARIFICATION:

Clarifications, whether verbal, in writing, or included in an addendum as a "clarification," do not change specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that ODOC determines should be handled by formally amending the ITB, ODOC will do so only by announcing such a change in the addendum, not through information identified as a "clarification".

C.5.4 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS:

Any Bidder may submit a request for changes to contractual terms or Specifications, in writing, to the SPC listed on page 1. To be considered, ODOC must receive the request for changes by the deadline specified in Section A, “Schedule of Events”. Bidder must include in the request the reason for requested changes, supported by factual documentation, and any proposed changes to the contractual terms or Specifications, or both.

C.5.4.1 If any omitted specification results in ambiguity as to material characteristics of the Goods, and inclusion is necessary to enable a reasonable person in the particular industry to properly identify such characteristics, a Bidder shall seek a formal request for change, as set forth in section C.5.4. Failure to make such a request is at Contractor's risk, and the Bidder awarded a Price Agreement shall be required to provide Goods meeting the Agency's needs with regard to any omitted specification for which change should reasonably have been sought.

C.6 PROTESTS OF ITB.

Protests must include:

· Protestor name and contact information;

· The ITB # S-29100-00007946;

· 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.

ODOC 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 ODOC. Protests will be received by the following methods:

· Emailed to the SPC identified in Section B.1.2.

· Hard copy delivered to the SPC identified in Section B.1.2.

C.7 ADDENDUM Unless otherwise stated in the ITB, ODOC 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. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. ODOC is not responsible for sending Addendum to any prospective Bidder.

C.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 A, Schedule of Events, 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 C.6.

C.9 BID

MODIFICATIONS:

To modify an electronic Bid, Bidders are required to submit an electronically modified bid through Oregon Buys Bidder shall prepare modifications on Bidder's letterhead which includes Bid Number and any pertinent information. Each modification document shall be electronically signed or signed with a scanned signature. Bidders may not modify Bids after Bid closing.

C.10 CLARIFICATIONS & MODIFICATIONS: This is the Bidder's only opportunity to request clarification, modification, or submit questions to the contractual terms or specifications contained in the ITB. Any Bidder taking exception to the contractual terms or specifications of this ITB in their bid shall be deemed non-responsive and their bid will be rejected.

C.11 BID WITHDRAWALS: If a Bidder wishes to withdraw a submitted bid, Bidder must do so prior to the Closing date and time, as identified in Section A, “Schedule of Events”, unless ODOC extends this specific deadline by subsequent Addendum. Bids may be withdrawn using Bidder’s letter head, which includes Bid Number and any pertinent information, signed by an authorized representative, and submitted to OregonBuys prior to closing date.

C.12 CANCELLATION AND/OR REJECTION OF BIDS:

Pursuant to ORS 279B.100, ODOC reserves the right to reject any or all bids in whole or in PART AND reserves the right to cancel this ITB at any time when the rejection or cancellation is in the best interest of ODOC, as determined by ODOC. ODOC’s 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 the ITB, rejection of all Bids, or award of bids.

C.13 BID EVALUATION CRITERIA:

ODOC will evaluate Bid(s) to identify responsive Bid(s) submitted by responsible Bidders and not otherwise rejected or disqualified (refer to ORS 279B.100 and ORS 279B.110). Adjustments made to account for reciprocal preferences, percentage of recycled materials, Buy Oregon Preference incorporated into the Goods aspect will be for Bid evaluation purposes only (Refer to Sections C.12.4 through C.12.6.). No such adjustments shall operate to amend Bidders’ Bid or any Price Agreement awarded pursuant thereto. Bid(s) will be evaluated based on the following criteria

C.13.1 RESPONSIVENESS:

To be considered responsive, the Bid must substantially comply with all requirements of the ITB and all prescribed public solicitation procedures. In making such evaluation, ODOC may waive minor informalities and irregularities. Pursuant to OAR 137-047-0470, A Contracting Agency may waive, or permit an Offeror to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Offerors.

C.13.2 RESPONSIBILITY:

Prior to award of a Price Agreement, ODOC will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279B.110. In doing so, ODOC may investigate Bidder and request information in addition to that already required in the ITB, when ODOC, in its sole discretion, considers it necessary or advisable.

C.13.3 DISCOUNTS:

Bidder may offer cash or term discounts, or both, in its Bid and such discounts will be binding upon Bidder or in the event Bidder is awarded a Price Agreement. However, such discounts will not be considered for award purposes unless so specified in Section B.4.

C.13.4 RECIPROCAL PREFERENCE:

For Bid evaluation purposes only, ODOC will add a percent increase to each out-of-State Bidders Bid price which is equal to the percent preference, if any, given to resident Bidders of the Bidders state. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, ODOC will add ten (10) percent to that Bidder’s Bid price.

C.13.5 RECYCLED MATERIAL:

For Bid evaluation purposes only, ODOC will deduct from the Bid price an amount equivalent to the dollar value of the percentage of the Goods offered by Bidder constituting recycled paper and non-paper products, up to a maximum of twelve percent (12%) of the Bid price for recycled paper products, and up to a maximum of five percent (5%) of the Bid price for recycled non-paper products (See ORS 279A.125).

C.13.5.1 Bidder shall provide with their Bid, all documentation by the manufacturer, on manufacturer letterhead, which clearly shows percentages of recycled material in the packaging of Goods Bid. Any Bidder that claims recycled material content but does not provide the required manufacturers documentation with the Bid, shall not receive a deduction for their claim.

C.14 RESERVED.

C.15 METHOD OF AWARD:

ODOC reserves the right to award one or multiple Price Agreement(s) to a single or multiple Bidders for all Categories.

C.15.1 Single Award: ODOC reserves the right to award one Price Agreement to a single Bidder for all Categories. The Award will be to the responsible Bidder submitting a responsive Bid with the lowest total price for all requested items meeting the Specifications in Section 6 of Exhibit A.

C.15.2 Multiple Award: ODOC reserves the right to award multiple Price Agreements, the Awards will be to the responsible Bidder submitting a responsive Bid for all requested items meeting the Specifications in Section 6 of Exhibit A.

C.15.3 If ODOC receives Bids that are identical in price, fitness, availability, quality, and chooses to award a Contract, ODOC will award the Contract based on the following order of precedence in accordance with OAR 137.046-0300.

C.16 CLARIFICATION:

ODOC reserves the right to seek clarification from Bidders of any response that, in ODOC’s sole discretion, it deems necessary or advisable. Failure to provide the requested clarification as required may result in rejection of Bid.

C.17 ANTI-DISCRIMINATION: As a condition of receiving the award of a Contract under this ITB, Proposer must certify by their Signature on Section 7 - Signature of Bidder's Duly Authorized Representative, 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 members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

C.18 NOTICE OF INTENT-TO-AWARD (NOIA) ANNOUNCEMENT:

In accordance with ORS 279B.135, ODOC may announce its Notice of Intent to Award prior to formal Contract award by posting the tabulation sheet of Bid results on OregonBuys, or by letter posted on OregonBuys ("NOIA Announcement"). The NOIA Announcement shall serve as notice to all Bidders that ODOC intends to make an award. Bid files are public records and available for review on OregonBuys pursuant to ORS 279B.055(5)(c).

C.19 PAY EQUITY: As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material 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.

C.19.1 Who’s Affected? As a bidder or proposer, you will be required to provide proof of an unexpired Pay Equity Compliance Certificate at the time of determination of responsibility; when the contract is valued at $500,000.00 or more and you employ 50 or more full-time employees.

C.19.2 How to Comply: The Department of Administrative Services (DAS) offers Pay Equity Compliance Certificate training for free. It takes approximately 15 minutes to complete and covers the following topics: What is Pay Equity? Why is Pay Equity Important? Benefits of Pay Equity? Federal/State Laws and Achieving Pay Equity in Your Workplace. To complete the training and receive your certificate you must pass an 11-question quiz with a score of 80% or better.

C.19.2.1 For Instructions on how to create an account, go to: State of Oregon: Procurement - Pay equity

C.20 INTENT TO AWARD NOTIFICATION

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

C.21 INTENT TO AWARD PROTEST

C.21.1 An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

C.21.2 A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract/Price Agreement 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.

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

· ODOC abused its discretion in rejecting the protestor's Bid as non-Responsive.

· ODOC's evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

· Be delivered to the SPC via email, or hard copy

· 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

C.22 RESPONSE TO PROTEST

ODOC 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 ODOC.

C.23 BID RESULTS:

Awarded Bid files are public record and available for review. After Award(s) are completed; Bidders may download a tabulation of Bid results posted on OregonBuys. Alternatively, Bidders may submit a written request to ODOC for a copy of the tabulation. ODOC may charge fees for supplying public records in response to written requests pursuant to ORS 192.

C.24 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER: The Bidder shall provide all Certificate of Insurance Certificates, Section 1.31, within seven (7) calendar days of NOIA. ODOC may reject the Bid if the apparent successful Bidder fails to present the Certificate of Insurance within seven (7) calendar days after NOIA. Insurance certificates shall be sent to:

DOC.ProcurementInsuranceCertificates@doc.oregon.gov The Department of Corrections must be listed as an Additional Insured on the certificate with regards to the General Commercial Liability, Auto, and Workman’s Comp coverage and description: The State of Oregon, it’s departments, divisions, officers and employees are included as additional insured as respects to General Liability and Automobile Liability.

Dept. of Corrections - State of Oregon, Attn: Purchasing Unit, 3601 State Street, Suite 280 Salem, OR 97301

C.24.1 CONTACT PERSON:

The apparent successful Bidder shall designate one or more person(s) to act as Bidder’s authorized representative and Contract Administrator under the Price Agreement(s) to be awarded. The name, address, and telephone number(s) of such person shall be provided to the ODOC SPC within seven (7) calendar days of notification of award.

C.24.2 REQUIREMENTS TO TRANSACT BUSINESS IN OREGON:

An apparent successful Bidder who is a corporation, partnership, or who has an assumed business name must be registered with the Secretary of State Office pursuant to ORS chapters 58, 60, 62, 63, 65, 67, 70, and 648.010, within 7 calendar days.

SECTION D - RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

RESPONSIBILITY NOTIFICATION: ODOC reserves the right, pursuant to ORS 279B.110, to investigate and evaluate, at any time prior to award and execution of the Price Agreement, the apparent successful Bidder's responsibility to perform the Price Agreement and any resulting Contracts. Bidder's submission of a signed Bid shall constitute Bidder's authorization for ODOC to obtain, and Bidder's agreement to produce for ODOC’s review and copying, any information ODOC deems necessary to conduct the evaluation. ODOC shall notify the apparent successful Bidder, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; materials/equipment/inventory; facility and personnel information; record of contract performance; etc. ODOC may reject a Bid, if Bidder fails to promptly provide this information. ODOC may postpone the award of the Price Agreement after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate Responsibility, as required under ORS 279B.110, shall render the Bidder non-responsible and shall constitute grounds for Bid rejection.

D.1 Within the past five (5) years, has bidder had any lawsuits filed against it involving contract disputes? YES NO. If “YES,” indicate dates and ultimate resolution of suit ( include jurisdiction and date of final judgment or dismissal).

D.2 Within the past 24 months, has bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES NO If “YES,” supply filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

D.3 Within the past 24 months, has bidder had any lawsuits filed against it by creditors? YES NO. If “YES,” indicate dates and ultimate resolution of suit (, include jurisdiction and date of final judgment or dismissal).

D.4 Within the past 24 months, has bidder had any administrative actions taken against it by any federal or state administrative agency, board or commission, including the state of Oregon? YES NO. If “yes,” indicate dates and ultimate resolution of administrative proceedings (administrative agency, board or commission order, include name of agency, board or commission and date of order).

D.5 Bidders must provide three (3) references having contract(s) with bidder within the past twenty-four (24) months that are equivalent in type, volume, and value to the terms contemplated in this ITB. Each reference contacted will be asked the same questions, including but not limited to the above factors, including:

1. Supplier quality of Goods, workmanship.

2. Supplier responsiveness to reported problems, including orders and billing;

3. Supplier communication with owner;

4. Did the Supplier meet the terms of the contract; and

5. Would the owner choose to award a contract to this Supplier again?

D.5.1 BIDDER REFERENCE #1:

Firm Name:

Address:

Contact person and position:

Telephone number:

E-mail address:

D.5.2 BIDDER REFERENCE #2

Firm name:

Address:

Contact person and position:

Telephone number:

E-mail address:

D.5.3 BIDDER REFERENCE #3

Firm name:

Address:

Contact person and position:

Telephone number:

E-mail address:

SECTION E- RECYCLED PRODUCTS CERTIFICATION (PART A)

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

“Recycled product” means all materials and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. Recycled product also includes any product that could have been disposed of as a solid waste; having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form. ORS 279A.010(1)(ii) “Post-consumer waste” means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. Post-consumer waste does not include manufacturing waste. ORS 279A.010(1)(u).

“Secondary waste materials” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process. ORS 279A.010(1)(jj).

“Recycled PETE product” means a product containing post-consumer polyethylene terephthalate material. ORS 279A.010(1)(hh).

SECTION E- RECYCLED PRODUCTS CERTIFICATION (PART B)

I, the undersigned duly authorized representative of the Bidder, hereby certify that the following product, offered in this Bid contain the following minimum percentages:

Identify the Good and respond to the following regarding that Good:

a) % (recycled product as defined in ORS 279A.010(1)(ii) ____

b) % (post-consumer waste as defined in ORS 279A.010(1)(u) ____

c) % (secondary waste materials as defined in ORS 279A.010(1)(jj) ____

d) % (recycled PETE product as defined in ORS 279A.010(1)(hh) ____ Bidder must provide a separate signed Recycled Product Certification for each Good identified.

Authorized Signature: ________________________________________________ Date: ____________ Typed or Printed Name of Authorized Representative Title Company Name and Address

SECTION F- RESIDENCY INFORMATION (PART A)

ORS 279A.120 states "In determining the lowest responsible bidder, a public contracting agency shall, for the purpose of awarding the contract, add a percent increase on the bid/proposal of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides."

"Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid/proposal, has a business address in this state and has stated in the bid or proposal whether the bidder is a "resident bidder". ORS 279A.120(1)(b).

"Non-resident bidder" means a bidder who is not a "resident bidder" as defined above. ORS 279A.120(1)(a).

a. Check one: Bidder is a resident bidder non-resident bidder.

b. If a resident bidder, enter your Oregon business address:

c. If a non-resident bidder, enter state of residency: ______________________________________

SECTION F- RESIDENCY INFORMATION (PART B)

a. If a non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with our state's government or with other governmental bodies in your state?

Check one: Yes No If yes: state the preference percentage: ____% If yes, but not a percentage of bid or proposal price, describe the preference:

If yes, state the law or regulation that allows the preference described (legal citation):

Authorized Signature: ________________________________________________ Date: ____________ Typed or Printed Name of Authorized Representative Title

SECTION G- BUY OREGON PREFERENCE CERTIFICATION

PURSUANT TO OAR 137-047-0300

Bidders seeking the Buy Oregon Preference for Supplies must complete this section.

PART A

To qualify for a 5% of the Preference, Bidder certifies:

i. [ ] Bidder’s Goods are manufactured or produced in Oregon.

ii. If either of the above are checked, please enter the Oregon address: ___________________________________ Authorized Signature: ________________________________________________ Date: ____________ Typed or Printed Name of Authorized Representative Title Company Name and Address

PART B

To qualify for a 5% of the Preference, Bidder certifies:

i. If applicable, check if: Bidder is headquartered in Oregon [ ]

ii. If the above box is checked, please enter the Oregon address: ________________________________________

Authorized Signature: ________________________________________________ Date: ____________ Typed or Printed Name of Authorized Representative Title

EXHIBIT A

PRICE AGREEMENT

BY AND BETWEEN

STATE OF OREGON,

ACTING BY AND THROUGH ITS

OREGON DEPARTMENT OF CORRECTIONS (“ODOC”)

AND

("Contractor")

PRICE AGREEMENT # XXXX

for

THE PURCHASE OF BRAS CUPPED

Table of Contents

SECTION 1 - DEFINITIONS

SECTION 2 – PRICE AGREEMENT TERMS AND CONDITIONS

SECTION 3 - STANDARD CONTRACT TERMS AND CONDITIONS

SECTION 4 - SPECIAL CONTRACT TERMS AND CONDITIONS

SECTION 5 - SPECIFICATIONS

SECTION 6 – PRICING, PAYMENT DISCOUNT AND CREDIT CARD PAYMENT

SECTION 7 - SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

SECTION 8 - AWARD AND STATE SIGNATURE PAGE

CONTRACT

This Price Agreement is between the State of Oregon, acting by and through its Oregon Department of Corrections ("ODOC" or “Agency”) and the undersigned ("Contractor") in Section 8.

RECITALS

A. ODOC issued ITB S-29100-00007946 seeking Bids from qualified and responsible vendors to provide Bras Cupped, described in Section 5 of this Price Agreement.

B. Contractor submitted a Bid in response to the ITB to provide the Bras Cupped as set forth in Section 5 at the price set forth in Section 6, “Pricing, Payment Discount and Credit Card Payments” pursuant to the terms and conditions set forth in this Price Agreement; and C. ODOC, by its execution of Section 8 hereof, has awarded Contractor a Price Agreement for the Bras Cupped in Section 5, and Prices as set forth in Section 6 herein.

AGREEMENT

In consideration of the foregoing recitals and subject to the covenants, terms and conditions set forth below, the parties agree as follows:

SECTION 1 DEFINITIONS

“Agency” means the Oregon Department of Corrections (ODOC) who has entered into this Price Agreement for the purchase of the Goods and is synonymous with “Buyer” as used in ORS chapter 72.

“Amendment” is the result of renegotiation of the terms and conditions, including the Contract Price.

“Contract” means the entire written agreement between ODOC and Contractor, comprised of this Price Agreement, including any Addenda and Amendments, and a signed Purchase Order(s).

“F.O.B.” (Free on board OR Freight on board) has the meaning found in ORS 72.3190.

“Goods” means the items described in the ITB, Exhibit A Section 5 and Section 6.

“ITB” means Invitation to Bid.

“Manufacturers’ Reject” is defined as an incorrectly manufactured item that fails to meet the Manufacturer quality control standards or that a retailer will not accept to sale, which does not change the integrity or edibility of the Goods.

“ODOC Purchasing Unit” means the centralized location with the authority and responsibility for procuring all Goods as needed for ODOC.

“Price Agreement” means this agreement, including the ITB and Purchase Order(s), between the Contractor and ODOC under which the Contractor agrees to hold prices, terms and conditions firm for a specified period of time for the benefit of ODOC.

“Purchase Order” or “Order” means the documentation, including but not limited to Purchase Orders, delivery orders and notices to proceed that are submitted to Contractor by ODOC initiating the purchase and delivery…