ITB - S-10700-00001796 v4.docx
DOCX document 156 KB Posted
- Attached to
- Seismic Isolation Platform Goods and Services
- Solicitation number
- S-10700-00001796
- Issued by
- Marion County, Oregon
About this file
This document is an Invitation to Bid (ITB) issued by the Oregon Department of Administrative Services (DAS) to establish a price agreement for seismic isolation platform goods and services for exclusive use by the Department of Administrative Services, Enterprise Information Services, Data Center Services (DCS). DCS is seeking a vendor to provide seismic isolation platform products and installation services, equal or superior to ISO-Base Seismic Isolation Platform products, to ensure minimal damage to sensitive electronic components during seismic activities. The initial term of the price agreement is anticipated to be 2 years with an option to renew up to a maximum of 10 years. Bids are due by March 25, 2022 at 4:00 PM Pacific Time.
The solicitation specifies that all products must meet or exceed International Building Code (IBC) seismic zone 4 codes requirements and be JQA certified. Products must be flexible enough for multi-size cabinets and designed for loads of up to 2500 pounds per square foot. DAS intends to award a price agreement to the responsible bidder submitting the lowest responsive bid. The solicitation indicates DAS has no estimate of the volume of potential purchases, and bidders must agree to supply all goods and services ordered during the term of the awarded price agreement.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Att A - Sample Price Agreement S-10700-00001796 v3~2.docx | DOCX document | |
| Att D - COBID Outreach Plan S-10700-00001796 v1~2.docx | DOCX document | |
| S-10700-00001796_Notice_of_Intent_to_Award.pdf | ||
| Att C - Bid Submittal Form S-10700-00001796 v2~1.xlsx | XLSX spreadsheet | |
| Att E - Responsibility Inquiry S-10700-00001796 v2~2.docx | DOCX document | |
| Stearns bis sheet addendum signed.pdf | ||
| Att B - Bid Cover Sheet S-10700-00001796 v2~1.docx | DOCX document | |
| S-10700-00001796 Record_of_Bids_Received.xlsx | XLSX spreadsheet |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
State of Oregon
COVER PAGE
Department of Administrative Services, Enterprise Goods and Services, Procurement Services (DAS) issues this Invitation to Bid (ITB) under OregonBuys Bid Number S-10700-00001796 for
SEISMIC ISOLATION PLATFORM GOODS AND SERVICES
Date of Issue: March 4, 2022 Bid Opening Date and Time: March 25, 2022, 4:00 PM (Pacific)
| Single Point of Contact (SPC): | Keri Ashford, State Procurement Analyst |
| Address: | 1225 Ferry Street SE |
| City, State, Zip | Salem, OR 97301 |
| Phone (voice) | (971) 349-2399 |
| E-mail: | keri.a.ashford@das.oregon.gov |
The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.
TABLE OF CONTENTS
| SECTION 1: | GENERAL INFORMATION | 4 |
| 1.1 | SUMMARY OVERVIEW | 4 |
| 1.2 | SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS | 4 |
| 1.3 | SCHEDULE OF EVENTS | 4 |
| 1.4 | DEFINITION OF TERMS | 5 |
| 1.5 | SINGLE POINT OF CONTACT | 5 |
| SECTION 2: | ITB PROCESS | 5 |
| 2.1 | PROCUREMENT AUTHORITY | 5 |
| 2.2 | PROCUREMENT METHOD | 5 |
| 2.3 | Reserve | 5 |
| 2.4 | OREGONBUYS | 5 |
| 2.5 | QUESTIONS AND CLARIFICATIONS | 6 |
| 2.6 | PROTEST OF ITB | 6 |
| 2.7 | ADDENDUM | 7 |
| 2.8 | PROTEST OF ADDENDUM | 7 |
| SECTION 3: | INSTRUCTIONS TO PROSPECTIVE BIDDERS | 7 |
| 3.1 | ACCEPTANCE PERIOD | 7 |
| 3.2 | BID SUBMISSION REQUIREMENTS (GENERAL) | 8 |
| 3.3 | BID REQUIREMENTS (PASS/FAIL) | 10 |
| SECTION 4: | BID REVIEW METHODOLOGY | 11 |
| 4.1 | RESPONSIVENESS DETERMINATION | 11 |
| 4.2 | RESPONSIBILITY DETERMINATION | 11 |
| 4.3 | COST COMPARISON | 11 |
| 4.4 | REFERENCES | 11 |
| 4.5 | PREFERENCES | 11 |
| 4.6 | METHOD OF AWARD | 12 |
| SECTION 5: | INTENT TO AWARD | 12 |
| 5.1 | INTENT TO AWARD NOTIFICATION | 12 |
| 5.2 | INTENT TO AWARD PROTEST | 12 |
| 5.3 | PAY EQUITY | 13 |
| 5.4 | NONDISCRIMINATION IN EMPLOYMENT | 13 |
| 5.5 | OTHER REQUIRED INFORMATION | 13 |
| SECTION 6: | PRICE AGREEMENT EXECUTION | 14 |
| SECTION 7: | ADDITIONAL INFORMATION | 14 |
| 7.1 | GOVERNMENT BODIES | 14 |
| 7.2 | OWNERSHIP/PERMISSION TO USE MATERIALS | 14 |
| 7.3 | COST OF BIDDING | 14 |
| 7.4 | CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES | 14 |
| 7.5 | CONFIDENTIAL OR PROPRIETARY INFORMATION | 14 |
| 7.6 | RECYCLED PRODUCTS | 15 |
List of Attachments Attachment A – Sample Price Agreement Attachment B – Bid Cover Sheet Attachment C – Bid Submittal Form Attachment D – COBID Certification / Outreach Plan Attachment E – Responsibility Inquiry
OregonBuys Bid # S-10700-00001796 – Seismic Isolation Platform Goods and Services
GENERAL INFORMATION
SUMMARY OVERVIEW
The State of Oregon, acting by and through its Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS”), is issuing this Invitation to Bid (“ITB”) to establish a Price Agreement for seismic isolation platform goods and services for exclusive use by the Department of Administrative Services, Enterprise Information Services, Data Center Services (“DCS” or “Agency”).
DCS is responsible for developing solutions aimed at automating the business operations that support the Oregon constituents it serves. The infrastructure components supported by DCS are made up of local and wide area network connectivity, storage management, computer hosting, and disaster recovery.
DCS is seeking a vendor to provide seismic isolation platform products and installation services, equal or superior to ISO-Base™ Seismic Isolation Platform products. This will ensure minimal damage is caused to sensitive electronic components during seismic activities in the event of an earthquake or other event that would cause damage to equipment through vibrations or shock-wave activity.
All products must meet or exceed International Building Code (IBC) seismic zone 4 codes requirements and be JQA certified. Products must be flexible enough for multi-size cabinets and designed for loads of up to 2500 pounds per square foot.
Investigation of options to seismically protect data center equipment led to the determination that only ISO-Base™ Seismic Isolation Platform products provide adequate protection against a major seismic event while at the same time being easy to install and maintain. Other technologies involve bracing – a process that still relies on the weight capacity of the raised floor. Only ISO-Base™ Seismic Isolation Platform products permit the racks to move independently of the raised floor, thus reducing the strain on the physical infrastructure. For this reason, DCS has identified ISO-Base™ Seismic Isolation Platform products as the standard of quality, performance and functionality needed to provide the required seismic protection.
DCS has no estimate of the volume of potential purchases. By submitting an Offer, Bidder agrees to supply all goods and services ordered during the term of any awarded Price Agreement.
DAS anticipates the award of one Price Agreement resulting from this ITB. The initial term is anticipated to be 2 years with an option to renew up to a maximum of 10 years.
SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
Successful Bidder will provide seismic isolation platform goods and services on an as-needed basis to DCS.
SCHEDULE OF EVENTS
The table below represents a tentative schedule of events. DAS may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).
| EVENT |
| DATE |
| TIME (Pacific Time) |
| Questions and Requests for Clarifications Due |
| March 11, 2022 |
| 4:00 PM |
| Answers to Questions and Clarifications Provided (approximate) |
| March 18, 2022 |
| 4:00 PM |
| ITB Protests Period Ends |
| March 21, 2022 |
| 4:00 PM |
| RSVP for Public Bid Opening (Section 3.2.7) |
| March 22, 2022 |
| 4:00 PM |
Bid Opening Date (Due Date and time to submit Bids)
| March 25, 2022 |
| 4:00 PM |
| Public Opening of Bids (Section 3.2.7) |
| March 29, 2022 |
| 3:00 PM |
| Notice of Intent to Award (approximate) |
| April 4, 2022 |
| Notice of Intent to Award Protest Ends |
| 7 days from Notice of Intent to Award |
| Price Agreement Execution (approximate) |
| April 30, 2022 |
DAS 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.
DEFINITION OF TERMS
Together with the definitions found in Section 1.2 of the Sample Price Agreement (Attachment A), the following definitions apply to this ITB and resulting Price Agreement.
Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.
“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 125-247-0305(8). The plural form of “Addendum” is “Addenda.”
"Bid" (referred to as “Quote” in OregonBuys) means the Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".
"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also mean “Offeror”.
"Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.
"Opening" means the date/time set to read the Bid submittals.
"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services. The OregonBuys System website is: https://oregonbuys.gov/bso/.
“SPC” means the Single Point of Contact listed on the cover page of this ITB.
“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.
0. Crosswalk of Terms
| Term Used In OregonBuys |
| Definition |
| Amendment |
| “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment. |
| Bid Opening Date |
| “Closing” as defined in OAR 125-246-0110(25). In OregonBuys, it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 125-246-0110(98) will immediately occur. |
| Bid Solicitation |
| Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys. |
| Change Order |
| A formal change to an existing MBPO (i.e., any form of contract, agreement, price agreement or on-call contract, etc., purchase order or work order contract). |
| Master Blanket Purchase Order (“MBPO”) |
| Any form of contract, agreement, price agreement or on-call contract, etc., purchase order, or work order contract. |
| Quote |
| Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation. |
| Vendor |
| Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of contract pursuant to Bid Solicitations advertised in OregonBuys. |
Special Definitions for Interpreting EO 21-29 ObligaTIONS “EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.
‘FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended, ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov) For interpretation of provisions relating to EO 21-19:
The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21SINGLE POINT OF CONTACT All questions, requests for clarification, and protests about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.
SINGLE POINT OF CONTACT
All questions, requests for clarification, and protests about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.
ITB PROCESS
PROCUREMENT AUTHORITY
DAS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(1).
PROCUREMENT METHOD
DAS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255, and may use any available optional procedures.
0. PRE-BID CONFERENCE
A pre-Bid conference will not be held for this ITB.
0. oregonbuys This ITB, including all Amendment(s), attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml ; ITB documents will not be mailed.
OregonBuys Assistance Parties needing assistance with OregonBuys may contact the supplier Helpdesk by telephone at 1-855-800-5046 or email at support.oregonbuys@oregon.gov.
Oregonbuys Registration INFORMATION All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso.
Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS accepts no responsibility for missing or incorrect information.
QUESTIONS AND REQUESTS FOR CLARIFICATIONS
All questions and requests for clarification, related to this solicitation must:
· Be submitted in OregonBuys;
· Reference OregonBuys ITB #S-10700-00001796;
· Identify the specific area of the ITB being questioned (i.e., page, section and paragraph number);
· Include Bidder’s name and contact information of party submitting question or request for clarification; and
· Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.
Questions by telephone will not accepted.
DAS will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, DAS, may change this ITB by written Amendment 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 Price Agreement (Attachment A), 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 Amendments. DAS will not consider protests received after these deadline(s).
Protests must include:
Be delivered to the SPC via email Include Bidder’s name and contact information;
Reference OregonBuys ITB #S-10700-00001796;
Identify the reason for the protest, including:
· Grounds demonstrating how the procurement process:
· Is contrary to law, and/or
· Is unnecessarily restrictive, and/or
· Is legally flawed, and/or
· Improperly specifies a brand name;
Provide evidence and documentation supporting the grounds on which the protest is based; and Identify proposed changes to the ITB provisions or other relief sought.
DAS will address all protests meeting these requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by DAS.
AMENDMENT(S)
Unless otherwise stated in the ITB, DAS shall post any Amendment(s) on OregonBuys. Amendment(s) 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 the OregonBuys Bid Opening Date specified on the cover of this ITB. DAS is not responsible for sending Amendment(s) to any prospective Bidder.
PROTEST OF AMENDMENT(S)
Unless a modified deadline is set forth through Amendment(s), a prospective Bidder may submit a protest of the Amendment(s) by the close of the next business day after the issuance of the Amendment(s), 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 Amendment(s), a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.
INSTRUCTIONS TO PROSPECTIVE BIDDERS
ACCEPTANCE PERIOD
Bids are due on or before OregonBuys Bid Opening Date. Bids constitute firm offers for a period of 90 calendar days from OregonBuys Bid Opening Date.
BID SUBMISSION REQUIREMENTS (GENERAL)
Bid Format Bids must be presented in a format corresponding to and referencing the sections contained in Section 3.3. Responses must be presented in the same order as the corresponding items in this ITB and identify the item being addressed.
If a Bidder believes that any part of its Bid is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), the Bidder shall submit both an unredacted and a redacted version of the Bid electronically, clearly identified as the unredacted and redacted versions.
Bid DELIVERY Bidder is solely responsible for ensuring that its Bid is received at DAS in accordance with the ITB requirements, by OregonBuys Bid Opening Date. DAS shall not be responsible for any delays in delivery.
DAS operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.
Delivery through OregonBuys A Bid must be submitted electronically through OregonBuys at: https://OregonBuys.gov.
Detailed instructions on how to submit a Bid can be found at: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf.
Bids submitted by facsimile (fax) email, mail or parcel carrier will be rejected.
Quantity of Bids to be Submitted One signed copy of the Bid along with all required documents must be submitted on or before Bid Opening Date. For Bids submitted through OregonBuys, electronic signatures will be acceptable.
Bid Modification It is the responsibility of the Bidder to ensure that modified Bids are submitted before the OregonBuys Bid Opening Date.
A Bidder wishing to make modifications to a Bid already received by DAS must withdraw its Bid pursuant to Section 3.2.5 and resubmit the modified Bid as outlined in Section 3.2.2. All modifications made to a Bid must be clearly marked and initialed on the modified Bid so as to be easily identified. In addition, the modified Bid must be accompanied by a cover letter noting the specific changes to the original Bid submission. Oral, facsimile or telephonic modifications will not be accepted.
Bid Withdrawal If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Bid Opening Date. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the OregonBuys Bid number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the OregonBuys Bid Opening Date.
Late Bids Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.
Opening of Bids Due to the COVID-19 pandemic and the Oregon Governor’s Executive Order 20-12, and the need for enhanced personal and public safety, until further notice DAS will not hold in-person public Bid openings.
Individuals wishing to attend the public Bid opening must provide an email address to keri.a.ashford@das.oregon.gov no later than 4:00 PM Pacific Time on March 22, 2022. The subject of the email should be: Public Bid Opening – ITB #S-10700-00001796 – Seismic Isolation Platform Goods and Services. Individuals who have provided email addresses by the specified due date and time will be sent a link via email to attend the Microsoft Teams meeting.
The Bid opening will consist of reading the names of Bidders that submitted Bids and the dates the Bids were received. No other information will be provided at the public Bid opening.
A list of Bidders that submitted Bids and the dates they were received will also be made available in OregonBuys after the public Bid opening.
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. DAS has the right to determine if Bids substantially meet the requirements of this ITB.
SUBMISSION BY Bid Opening date Bids must be submitted by Bid Opening Date to be considered. Bids received after Bid Opening Date are late Bids and will not be opened or considered for this ITB.
Required SUBMISSION ITEMS Bidder must submit the following:
· Attachment B – Bid Cover Sheet
· Attachment C – Bid Submittal Form Attachment E – Responsibility Inquiry Proof of manufacturer warranty covering repair or replacement due to defective materials or workmanship Authorized Signature The Bid must be signed by one or more persons legally authorized to bind the Bidder to the Bid and any Price Agreement resulting from this ITB. Upon request by DAS, any representative signing a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to sign the Bid on behalf of the Bidder and to bind the Bidder on all obligations relating to the Bid. Upon request of DAS, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing such authority of such representative.
Material or Technical Requirements Goods, where applicable must comply with the following specifications:
All products must be ISO-Base™ Seismic Isolation Platform products All products must meet or exceed International Building Code (IBC) seismic zone 4 codes requirements and be JQA certified. Products must be flexible enough for multi-size cabinets and designed for loads of up to 2500 pounds per square foot Base isolation includes an elastomeric dampening liner Base isolation is modular and customizable
2. Bid Requirements Bidder shall provide all information required in Attachment C (Bid Submittal Form) of this ITB. Bidder shall offer items 1 through 11. Cost must include shipping/freight charges. Failure to provide cost information for all items (1 through 11) shall result in the Bid being considered non-responsive.
Additionally, Bidder shall provide a pricing methodology for purchase of all items available to cover future needs, i.e., cost plus discount, list minus discount, etc.
BID REVIEW METHODOLOGY
RESPONSIVENESS DETERMINATION
A Bid received prior to the OregonBuys Bid Opening Date 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, DAS may waive mistakes in accordance with OAR 125-247-0470.
RESPONSIBILITY DETERMINATION
DAS will determine if an apparent successful Bidder is Responsible prior to award and execution of the Price Agreement. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment E) with Bid.
At any time prior to award, DAS may reject a Bidder found to be not Responsible.
COST COMPARISON
DAS intends to award a Price Agreement to the Bidder whose bid substantially complies with the requirements and criteria set forth in this ITB and provides the most favorable pricing.
PREFERENCES
RECIPROCAL PREFERENCE
For bid calculation purposes per OAR 125-246-0310, DAS 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.
2. 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, DAS will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.
PUBLIC PRINTING
DAS shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.
TIEBREAKERS
Oregon Supplies: If DAS receives Bids identical in price, fitness, availability and quality and chooses to award a Price Agreement, DAS shall award the Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.
METHOD OF AWARD
2. GENERAL AWARD
If awarded, DAS will award the Price Agreement to the Responsible Bidder submitting the lowest, Responsive Bid. DAS may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.
2. MULTIPLE ITEMS
DAS intends to award a Price Agreement by taking the lowest cost of the items 1 through 10 designated in Attachment C (Bid Submittal Form). The items listed in Attachment C (Bid Submittal Form) are not an all-inclusive list of items the successful Bidder may offer, but are for evaluation of price, to determine which Bidder offers the overall lowest price for the group of items.
INTENT TO AWARD
INTENT TO AWARD NOTIFICATION
After a final selection is made, DAS will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at DAS by appointment.
INTENT TO AWARD PROTEST
An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.
A Bidder is an Affected Bidder only if the Bidder would be eligible for 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.
· DAS has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.
· DAS abused its discretion in rejecting the protestor’s Bid as non-Responsive.
· DAS’ evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.
If DAS receives only one Bid, DAS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement award.
Protests must:
Be delivered to the SPC via email Reference OregonBuys ITB #S-10700-00001796 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 Response to Protest DAS 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 DAS.
PAY EQUITY
If selected for award and as applicable, Bidder shall submit to DAS 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/PayEquity.aspx for requirements.
ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Price Agreement.
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 Price Agreement and a failure to comply constitutes a breach that entitles DAS to terminate this Price Agreement 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.
For more information on Pay Equity Certification, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx
NONDISCRIMINATION IN EMPLOYMENT
As a condition of receiving the award of a Price Agreement under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.
OTHER REQUIRED INFORMATION
Insurance Prior to award, Bidder shall secure and demonstrate to DAS proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.
Compliance with Executive Order 21-29 If selected for award of a Contract, Bidder must certify during the term of the Price Agreement or the duration of EO-21-29, whichever expires or terminates first, that Contractor has and will maintain documentation that each Worker who provides goods or services at a DAS worksite is fully vaccinated against COVID-19, unless an exception under paragraph 6 of EO 21-29 applies. https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf
PRICE AGREEMENT EXECUTION
After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, DAS will proceed with final award. The Price Agreement attached hereto as Attachment A is not negotiable.
Contractor shall not commence work under the Price Agreement until the Price Agreement has been executed and the DAS has provided the Contractor with the Notice to Proceed.
ADDITIONAL INFORMATION
GOVERNMENT BODIES
Under ORS Chapter 190, DAS 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 DAS receives an Offer from a government body, DAS will initially review the Offer according to the same criteria set forth in this ITB. DAS, 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 DAS.
OWNERSHIP/PERMISSION TO USE MATERIALS
Bids submitted in response to this ITB become the property of DAS. 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 Price Agreement, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless DAS cancels this ITB prior to the OregonBuys Bid Opening Date identified in Section 1.3.
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.
CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES
Pursuant to ORS 279B.100, DAS may reject any or all Bids in whole or in part and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. DAS, 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 DAS cancels this ITB prior to the OregonBuys Bid Opening Date identified in Section 1.3, all Bids will become part of the public record without obligation to DAS.
CONFIDENTIAL OR PROPRIETARY INFORMATION
Following award of Price Agreement, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.
If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:
“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”
Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon public records law. If Bidder fails to identify the portions of the bid which bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.
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 Price Agreement (ORS 279B.055(2)(f), ORS 279B.225, and ORS 279B.270-279B.280).
image1.jpeg
File details come from the government source that posted it. Updated .