ITB_S-10700-00004175.pdf

ITB #S-10700-00004175 Forklift and Compatible Paper Roll Clamp Attachment

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 1 of 17

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, Procurement Services, on behalf of Oregon Department of

Administrative Services, Publishing and Distribution

FORKLIFT AND COMPATIBLE PAPER ROLL

CLAMP ATTACHMENT

Invitation to Bid (ITB) Price Agreement for Goods and Services

ITB #S-10700-00004175

Date of Issue: Friday, August 26, 2022

Opening/Closing: Friday, September 9, 2020 Time 4:00 PM (Pacific)

Single Point of Contact (SPC): Nathan C. Ramos, Contracts and Procurement Specialist

Address: 1225 Ferry St. SE

City, State, Zip: Salem, OR 97301

Phone (voice): (971) 707-0016

E-mail: Nathan.ramos@das.oregon.gov

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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

1.1 SUMMARY OVERVIEW

1.2 SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE (RESERVED)

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 AMENDMENT

2.8 PROTEST OF AMENDMent

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 Price evaluation

4.4 REFERENCES (ATTACHMENT C) (PASS/FAIL)

4.5 PRICE SUBMITTAL FORM (ATTACHMENT D) (SCORED)

4.6 SPECIFICATIONS(Attachment G) (PASS/FAIL)

4.7 KEY PERSON(S) (Attachment H) (PASS/FAIL)

4.8 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS (RESERVED)

4.9 PREFERENCES (RESERVED)

4.10 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: PRICE AGREEMENT 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

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7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE PRICE AGREEMENT

EXHIBIT A – DESCRIPTION OF THE GOODS AND SERVICES

EXHIBIT B – PRICE LIST

EXHIBIT C – PURCHASE ORDER FORM

EXHIBIT D – INSURANCE REQUIREMENTS

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – PRICING SUBMITAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – SPECIFICATIONS

ATTACHMENT H – KEY PERSON(S)

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Oregon Department of Administrative Services, Publishing and Distribution (“DAS P&D”) or (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Price Agreement for Good(s) and Services to procure a Forklift and Compatible Paper Roll Clamp Attachment.

• The Oregon Department of Administrative Services, Publishing and Distribution has a need for a Forklift and Compatible Paper Roll Clamp Attachment, to handle large rolls of stock paper weighting in excess of 2,000 Lbs. The safe and timely maneuverability of these large paper rolls are critical to the Agencies ability to safely and timely produce and distribute printed materials. The Compatible Paper Roll Clamp Attachment must be compatible with the Forklift Specifications with no additional adjustments, parts, or special manufacturing required. The Agency is seeking a Hyster Lift Truck Model J35XNT, and a Paper Roll Clamp Size/Generation 10H or comparable equipment that meets all Specifications.

▪ The awarded Price Agreement(s) will be specific to the Agency.

▪ The awarded Price Agreement(s) may include a Lease to Own option for Goods.

▪ Neither DAS PS nor Agency have an estimate of the volume of potential purchases. By submitting a Bid, Bidder agrees to supply all goods and services ordered during the term of any awarded Price Agreement(s).

• Any component typically related but not included in the scope of the solicitation (such as current functionality processes, goods, dependent items); Any driving factors, such as state or federal legislation, business operational needs, an approved Special Procurement, a declared emergency, grant requirements, a Governor’s executive order, existing circumstances which may affect performance under the contract(s) or price agreement(s).

• DAS PS anticipates the award of one or more Price Agreement(s)s resulting from this ITB. In the event multiple Price Agreement(s) are awarded for one Good, Agency will use the following methodology to determine from which Contractor to purchase.

• Compare each item between all awarded Contractors, issue Purchase Order to the Contractor with the lowest Bid.

• The initial term of the Price Agreement is anticipated to be four (4) years with an option to renew in two (2) year term increments up to a total term of eight (8) years.

1.2 SPECIFICATIONS

See Attachment G - Specifications.

Bidder must be able to meet or exceed all listed Specifications in order to submit a Bid.

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1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. DAS PS may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due Thursday, September 1, 4:00 PM

Answers to Questions and Clarifications Due (approximate)

Tuesday, September 6, 4:00 PM

ITB Protests Period Ends Wednesday, September 7, 4:00 PM

Opening/Closing (Due Date and time to submit Bids )

Friday, September 9, 2022

4:00 PM

Notice of Intent to Award (approximate) Friday, September 16, 4:00 PM

Notice of Intent to Award Protest Ends Friday, September 23, 4:00 PM

Price Agreement Execution (approximate) Monday, September 26, 4:00 PM

DAS PS 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 125-246-0110. These definitions do not apply to the Sample Price Agreement attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

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

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

“Schedule of Events” means the 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.

“Forklift Truck” means a motorized vehicle with a pronged or clamp attachment for moving heavy loads.

“Compatible Paper Roll Clamp Attachment” means a device used to clamp onto and move large paper rolls weighing in excess of 1,000 Lbs.

“OregonBuys” means the State of Oregon Procurement System. A terminology crosswalk for OregonBuys can be found at:

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

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1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

DAS PS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).

2.2 PROCUREMENT METHOD

DAS PS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.

2.3 PRE-BID CONFERENCE (RESERVED)

A pre-Bid conference will not be held for this ITB.

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are posted in the OregonBuys procurement system: https://oregonbuys.gov/bso/. ITB documents will not be mailed. Parties must be registered in OregonBuys to receive ITB documents and submit a Bid.

2.4.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS

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

2.4.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by email at: support.oregonbuys@das.oregon.gov.

2.4.3 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party.

DAS PS accepts no responsibility for missing or incorrect information.

Registration information can be located at:

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

2.5 QUESTIONS AND CLARIFICATIONS

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

https://oregonbuys.gov/bso/ mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

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• Be submitted in writing to the SPC identified on the cover page of this ITB. Questions and Clarifications can be entered on OregonBuys or sent by email to the SPC.

• Reference the ITB S-10700-00004175

▪ 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.

DAS PS will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, DAS PS, 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.

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Price Agreement, 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 Amendment. DAS PS will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB #S-10700-00004175; and

• 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.

DAS PS 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 DAS PS.

Protests will be received by the following methods:

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

2.7 AMENDMNET

Unless otherwise stated in the ITB, DAS PS shall post any Amendment on OregonBuys.

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Amendment(s) 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. DAS PS is not responsible for sending Amendment to any prospective Bidder.

2.8 PROTEST OF AMENDMENT

Unless a modified deadline is set forth through Amendment, a prospective Bidder may submit a protest of the Amendment by the close of the next business day after the issuance of the Amendment, 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, 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 Bids 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 through OregonBuys.

Information on how to submit an Bid through OregonBuys can be located at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20S olicitation%20Response.pdf.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received by DAS PS in accordance with the ITB requirements, by closing. DAS PS shall not be responsible for any delays in delivery of Bids.

Bids submitted by facsimile (fax) or Email will be rejected.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid per with original signature, and all required documents must be submitted through OregonBuys on or before Closing (date and time).

3.2.4 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 DAS PS must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.5.

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

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 10 of 17 the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

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

3.2.5 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, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.6 LATE BIDS

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

3.2.7 OPENING OF BIDS

A public opening of Bids will not be held for this ITB. Bids received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.3 BID REQUIREMENTS

Bids will be reviewed on a Pass/Fail basis, except for the Price Submittal Form. 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 PS has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 CLOSING

Bids must be submitted by Opening/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 – Pricing Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

• Attachment G – Specifications

• Attachment H – Key Person(s)

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the

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Price Agreement resulting from this ITB. Upon request by DAS PS, 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 DAS PS, 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 Goods provided and Services performed for any clients within the last two (2) 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

The Bidder must be able to meet all Specifications on Attachment G – Specifications in order to be considered for Award. Bidder must indicate on Attachment G – Specifications that Bidder is able to meet or exceed all Specifications.

3.3.6 KEY PERSON(S)

Bidder must identify Key Person(s) and the roles each will serve as well as contact information.

3.3.7 BID REQUIREMENTS

Bidder must provide all information required in Section 3.3.2 of this ITB.

3.3.8 FINANCIAL STATEMENT/FISCAL STABILITY (RESERVED)

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, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

DAS PS will determine if an apparent successful Bidder is Responsible prior to award and execution of the Price Agreement. Bidder(s) shall submit a signed Attachment F - Responsibility Inquiry form with Bid.

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

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4.3 PRICE EVALUATION

DAS PS shall award the Price Agreement to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Price Agreements, DAS PS shall award the Price Agreement to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

The SPC will conduct the Price Evaluation. The Bid with the lowest Price Submittal Form for each Good(s) and Services, and that DAS PS has found Responsible will be notified of Intent to Award.

4.4 REFERENCES (ATTACHMENT C) (PASS/FAIL)

DAS PS 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.

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

4.5 PRICE SUBMITTAL FORM (ATTACHMENT D) (SCORED)

Bidder will complete and return Attachment D – Price Submittal Form. The Bidder will indicate the total cost of each Good(s) including delivery and any onsite configuration. Bidder will also indicate the cost of annual maintenance and services. The Attachment D – Price Submittal Form also contains price information for a Lease to Own option for Good(s) (If Applicable).

4.6 SPECIFICATIONS (ATTACHMENT G) (PASS/FAIL)

Bidder must indicate on Attachment G – Specifications, that Bidder can supply Good(s) and Services meeting or exceeding all Specifications.

4.7 KEY PERSON(S) (ATTACHMENT H) (PASS/FAIL)

Bidder will include with their Bid Attachment H – Key Persons. The Attachment H will list the Key Pers(s) including Name, Title, Email, Telephone Number Fax Number (if applicable), After Hours/Weekend/Holiday support (If Available). Attachment H shall also include the days and times of general customer support. The Key Person(s) will include the following:

• Customer Support Center

• Sales

• Maintenance Services and Support

4.8 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS (RESERVED)

4.9 PREFERENCES

4.9.1 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, DAS PS shall add a percent increase to

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4.9.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder Bids Goods manufactured with Recycled Materials, and at least one Bidder does not, DAS PS will select the Bidder Biding Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.9.3 PUBLIC PRINTING

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

4.9.4 TIEBREAKERS

Oregon Supplies: If DAS PS receives Bids identical in price, fitness, availability and quality and chooses to award a Contract/Price Agreement, DAS PS shall award the Contract/Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.

4.10 METHOD OF AWARD

4.10.1 GENERAL AWARD

If awarded, DAS PS must award the Price Agreement to the Responsible Bidder submitting the lowest, Responsive Bid. DAS PS may award by item, groups of items or the entire Bid provided such Award is consistent with this ITB and in the public interest.

4.10.2 MULTIPLE ITEMS

DAS PS may Award one or more Price Agreement(s) for more than one item. Each Bid received will be evaluated. If two or more Bids for the same Good(s) and Services are received the Award will be based on evaluation criteria in Sections 4.3 4.4, and 4.5.

4.10.3 MULTIPLE AWARDS

DAS PS may Award one of more Price Agreement(s) for Good(s) and Services. Each Bid will be evaluated based on the evaluation criteria in Sections 4.3, 4.4, and 4.5. DAS PS may at it’s soul discretion Award more than one Price Agreement for each Good(s) and Services.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

https://www.naspo.org/reciprocity1

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

• DAS PS abused its discretion in rejecting the protestor’s Bid as non-Responsive.

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

If DAS PS receives only one Bid, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email.

• Reference the ITB #S-10700-00004175

• 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

DAS PS 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 PS.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to DAS PS 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 Price Agreement.

As required by [ORS 279B.235 or ORS 279C.520], 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.

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

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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 PS 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.

5.4 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.

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to DAS PS proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.

SECTION 6: 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 PS 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 PS has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, DAS PS 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 PS receives an Bid from a government body, DAS PS will initially review the Bid according to the same criteria set forth in this ITB. DAS PS, 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 PS.

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7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of DAS PS. 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 PS 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, DAS PS 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 PS, 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 PS cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to DAS PS.

7.5 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 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.

7.6 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280).

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