ITB_S-10700-00012203_Solicitation_Final~1.pdf
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- Attached to
- Supply of Bulk Propane Fuel, Tanks, Related Goods and ServicesRelated Products and Services
- Solicitation number
- S-10700-00012203
- Issued by
- Benton County, Oregon
About this file
This is an Invitation to Bid (ITB) No. S-10700-00012203 issued by the Oregon Department of Administrative Services - State Procurement Services for the supply of bulk propane fuel, tanks, related goods, and services for Oregon state agencies and current members of the Oregon Cooperative Procurement Program (ORCPP), including cities, counties, and school districts. The solicitation involves a reverse auction procurement process where qualified bidders will submit electronic price proposals to compete for the lowest contract price. The ITB anticipates awarding multiple price agreements, with an initial term of 4 years and three optional 2-year renewals (maximum 10-year contract term). Key dates include a pre-bid conference on July 22, 2025, bid closing on August 1, 2025, a reverse auction event on August 13, 2025, and an anticipated price agreement execution on September 3, 2025.
The agency intends to award a minimum of two price agreements for each district to the two lowest, responsible bidders. The solicitation includes provisions for Oregon supplies and services preferences, with a 10% price reduction for goods fabricated or services performed entirely in Oregon. There are also reciprocal preference provisions for out-of-state bidders and considerations for recycled materials. Bidders must meet specific requirements, including submitting various forms such as a Bidder Information and Certification Form, Certified Disadvantaged Business Outreach Plan, and Responsibility Determination Form. For price agreements exceeding $500,000 with 50 or more full-time workers, bidders must provide a Pay Equity Compliance Certificate, and all bidders must certify a policy of preventing discrimination and sexual harassment.
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DAS Procurement Services, Version eRA – February 4, 2019 Page 1 of 13
STATE OF OREGON
COVER PAGE
Department of Administrative Services – State Procurement Services
Supply of Bulk Propane Fuel, Tanks, Related Goods and Services
ITB NO. S-10700-00012203
Date of Issue: 07/16/2025
Closing: 08/01/2025, Time 10:30 AM (Pacific)
Reverse Auction: 08/14/2025, 10:30 AM (Pacific)
Single Point of Contact (SPC): John Starrs, State Procurement Analyst
Address: 1225 Ferry Street SE City, State, Zip: Salem, Oregon, 97301 Phone (voice): 971-349-2539 E-mail: John.Starrs@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.
mailto:John.Starrs@Das.Oregon.Gov
DAS Procurement Services, Version eRA – February 4, 2019 Page 2 of 13
TABLE OF CONTENTS
SECTION 1: GENERAL INFORMATION
1.1 SUMMARY OVERVIEW
1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
1.3 SCHEDULE OF EVENTS
1.4 DEFINITION OF TERMS
1.5 SINGLE POINT OF CONTACT
SECTION 2: ITB PROCESS
2.1 PROCUREMENT AUTHORITY
2.2 PROCUREMENT METHOD
2.3 PRE-BID CONFERENCE
2.4 OREGONBUYS
2.5 QUESTIONS AND CLARIFICATIONS
2.6 PROTEST OF ITB
2.7 ADDENDUM
2.8 PROTEST OF ADDENDA
2.9 REVERSE AUCTION EVENT
SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS
3.1 ACCEPTANCE PERIOD
3.2 BID SUBMISSION REQUIREMENTS (GENERAL)
3.3 BID REQUIREMENTS (PASS/FAIL)
SECTION 4: BID REVIEW METHODOLOGY
4.1 RESPONSIVENESS DETERMINATION
4.2 RESPONSIBILITY DETERMINATION
4.3 COST COMPARISON
4.4 PREFERENCES
4.5 METHOD OF AWARD
SECTION 5: INTENT TO AWARD
5.1 INTENT TO AWARD NOTIFICATION
5.2 INTENT TO AWARD PROTEST
5.3 PAY EQUITY CERTIFICATION
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
7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION
7.6 RECYCLED PRODUCTS
LIST OF ATTACHMENTS
ATTACHMENT A – SAMPLE PRICE AGREEMENT
EXHIBIT A – Sample Purchase Order EXHIBIT B – Insurance Requirements EXHIBIT C – VSR / VCAF Reporting EXHIBIT D – Pricing and Locations
DAS Procurement Services, Version eRA – February 4, 2019 Page 3 of 13
EXHIBIT E – Propane Weekly Baseline Pricing Sample EXHIBIT F – Oregon Map of Districts and Counties
ATTACHMENT B – Bidder Information and Certification Form ATTACHMENT C – Certified Disadvantaged Business Outreach Plan ATTACHMENT D – Bid Form ATTACHMENT E – Responsibility Determination ATTACHMENT F – Propane Weekly Baseline Pricing Sample ATTACHMENT G – Reverse Auction Information ATTACHMENT H – Oregon Map of Districts and Counties ATTACHMENT I – Disclosure Exemption Affidavit
ITB No. S-10700-00012203 – Supply of Bulk Propane Fuel, Tanks, Related Goods and Services
DAS Procurement Services, Version eRA – February 4, 2019 Page 4 of 13
SECTION 1: GENERAL INFORMATION
1.1 SUMMARY OVERVIEW
The State of Oregon, acting by and through the Department of Administrative Services – State Procurement Services, (“DAS-SPS”), (“Agency”), is issuing this Invitation to Bid (ITB) to establish multiple Price Agreements for the supply of bulk propane fuel, tanks, related goods and services for use by all Oregon state agencies as well as current members of the Oregon Cooperative Procurement Program (“ORCPP”). Examples of ORCPP members are cities, counties and school districts.
DAS-SPS is conducting a reverse auction process to determine the successful Bidder. A “Reverse Auction” is an electronic procurement process in which qualified Bidders submit Bids or price points online by a specified deadline (date and time) through an electronic platform provided by a third party. Bidders anonymously compete to achieve their lowest, overall price per gallon of propane fuel delivered to each County in the State of Oregon. Attachment H – Oregon Map of Counties is provided outlining the boundaries.
Bidders must submit the information required under section 3.3.2 to the SPC by the date and time specified in Section 1.3. Pricing will be determined through the online Reverse Auction Event, which will be managed and hosted by EASiBuy, LLC (EASi). Any communications to perspective Bidders from EASi are for informational or training purposes only and are not binding on the State of Oregon. All official communications regarding this ITB will be from the SPC and notices will be issued via OregonBuys. See Attachment G for details explaining the role of EASi.
DAS-SPS anticipates awarding multiple Price Agreements. The initial term of each Price Agreement will be 4 years with three, 2-year renewal options to extend. The maximum term of each price agreement is 10 years including all extensions.
1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
State agency users of propane require delivery to their sites in various bulk quantities. Depending on the site and the awarded contractor, in addition to propane, these sites may require contractors to supply the tank and all necessary connections to allow for safe delivery and use of the product.
Details related to the supply of any tanks, related accessories and any fees associated with these goods are listed in Attachment D – Bid Form in the TAB titled: TANKS and ACESSORIES. Bidder is expected to submit pricing in this TAB in the fields applicable. However, this TAB will NOT be evaluated in the final price determination of an award.
Quantities and frequency of propane fuel to each agency varies throughout the year. Usage figures shown in Attachment D – Bid Form are based on historical usage the last two years and shown within the Districts. County-level usage is unavailable at time of solicitation. Bidders are advised these figures reflect the minimum amount used and do not reflect total historical usage.
Additionally, all bidders are advised regardless of past usage, any price agreement awarded is no guarantee of future usage.
1.3 SCHEDULE OF EVENTS
The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).
DAS Procurement Services, Version eRA – February 4, 2019 Page 5 of 13
EVENT DATE TIME (Pacific Time)
Pre-Bid Conference July 22, 2025 10:30 AM Bidder Questions and Clarifications Due July 28, 2025 10;30 AM
DAS-SPS Answers to Questions and Clarifications Due July 29, 2025 10:30 AM ITB Protests Period Ends July 25, 2025 10;30 AM
Closing (Due Date / Time to submit unpriced Bids August 01, 2025 10:30 AM Online Reverse Auction Event August 13, 2025 10:30 AM
OREGONBUYS Notice of Intent to Award (approximate) August 20, 2025 12:00 PM Notice of Intent to Award Protest Ends August 27, 2025 12:00 PM
Price Agreement Execution (approximate) September 03, 2025 12:00 PM
Agency operating hours are:
Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.
1.4 DEFINITION OF TERMS
For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Price Agreement attached as Attachment A.
GENERAL DEFINITIONS
Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.
“Disclosure Exemption Affidavit” means a document giving Bidder an opportunity to request a portion of their bid information be exempt from Oregon’s current public records statute.
“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.
“Reverse Auction” means the electronic procurement process described in Senate Bill 1565 (2018 Oregon Laws, chapter 85), in which qualified Bidders submit price proposals electronically and compete with other Offerors to offer the lowest contract price.
“Schedule of Events” means the specific time and dates events relating to this ITB will occur.
“Successful Bidder” means the person(s), organization(s) to which the award is made.
1.5 SINGLE POINT OF CONTACT
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
Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3). The ITB process will include an online Reverse Auction Event pursuant to OAR 125-247-0340. See
DAS Procurement Services, Version eRA – February 4, 2019 Page 6 of 13
Attachment G for information on the Reverse Auction process.
2.2 PROCUREMENT METHOD
Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.
The ITB process will include a Reverse Auction. See Attachment G for additional details.
2.3 PRE-BID CONFERENCE
A Pre-Bid conference will be held for this ITB. Attendance is voluntary but highly encouraged as it allows for real-time, direct questions and clarifications.
DATE TIME LOCATION
July 22, 2025 10:30 AM Microsoft TEAMS
The purpose of this conference is to explain the ITB requirements and to answer questions.
Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned that the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.
2.4 OREGONBUYS
This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys. All Bidders must be registered in OregonBuys to participate in the ITB process. Registration is done using the following link: OregonBuys - /view/login/login.xhtml ITB documents will not be mailed. Parties without access to OregonBuys are instructed to contact the SPC for assistance.
ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS
If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OREGONBUYS, please contact the SPC for further assistance.
OREGONBUYS ASSISTANCE
Parties needing assistance with OREGONBUYS may contact the Helpdesk. Please contact support.oregonbuys@das.oregon.gov or 1-855-800-5046.
OREGONBUYS REGISTRATION INFORMATION
Current and correct registration information is the sole responsibility of the registered party.
Agency accepts no responsibility for missing or incorrect information.
2.5 QUESTIONS AND CLARIFICATIONS
All questions and requests for clarification related to this solicitation must be submitted though one of two forums: Written questions using the Q & A menu option found in the solicitation OR verbal questions during the pre-Bid conference.
Questions by telephone are not accepted.
https://oregonbuys.gov/bso/
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Agency will respond to questions and requests for clarifications through OREGONBUYS. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OREGONBUYS. Bidder 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 Addendum. Agency will not consider protests received after these deadline(s).
Protests must include:
• Protestor name and contact information.
• The ITB # S-10700-00012203.
• 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 specify a brand name; and
2) Provide evidence and documentation supporting the grounds on which the protest is based.
• Any proposed changes to the ITB provisions or other relief sought.
Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency.
Protests will be received by email addressed to the SPC found on the cover page.
2.7 ADDENDUM
Unless otherwise stated in the ITB, Agency shall post any Addendum on OREGONBUYS. Addenda are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OREGONBUYS, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OREGONBUYS regularly until ITB Closing. Agency is not responsible for sending Addenda to any prospective Bidder.
2.8 PROTEST OF ADDENDA
Unless a modified deadline is set forth through an Addendum, a prospective Bidder may submit a protest of an Addendum by the close of the next business day after issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later.
Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.
DAS Procurement Services, Version eRA – February 4, 2019 Page 8 of 13
2.9 REVERSE AUCTION EVENT
The Reverse Auction process is described in Attachment G. The Reverse Auction Event is the date and time listed in Section 1.3 of the ITB, during which Responsive and Responsible Bidders will submit pricing.
Bidder must complete all bid proposal forms and be deemed Responsive and Responsible.
The SPC will make this determination prior to authorizing Bidder to participate in the online Reverse Auction Event.
SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS
3.1 ACCEPTANCE PERIOD
Bids are to be considered firm offers and valid for a period of 180 calendar days from Closing.
3.2 BID SUBMISSION REQUIREMENTS (GENERAL)
BID FORMAT
Unpriced Bids are to be submitted in OregonBuys by uploading the required documents listed in Section 3.3.2 below. If Bidder believes any of its Bid is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Bidder must complete and submit Attachment I – Disclosure Exemption Affidavit along with a fully redacted version of its Bid clearly identified as the redacted version.
QUANTITY OF BIDS TO BE SUBMITTED
One Bid with signature, and all required documents must be submitted on or before Closing.
BID MODIFICATION
It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.
A Bidder wishing to make modifications to a Bid already received by Agency must:
• Withdraw its Bid to make modifications and resubmit the Bid before Closing.
• Modifications made to a Bid must be clearly identified noting the specific change(s) to the original Bid submission and properly initialed by Bidder’s authorized representative.
• Oral, electronic, 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 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.
LATE BIDS
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Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.
3.3 BID REQUIREMENTS (PASS/FAIL)
Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.
Agency has the right to determine if Bids substantially meet the requirements of this ITB. In addition to below, Bidder must have the proper licensing issued by the Oregon State Fire Marshal’s office as it applies to your organization’s involvement and handling of propane.
CLOSING
Bids must be submitted by Closing to be considered.
REQUIRED FORMS
Bidder must complete and submit the following forms:
• Attachment B – Bidder Information and Certification Form
• Attachment C – Certified Disadvantaged Business Outreach Plan
• Attachment D – Bid Form
• Attachment E – Responsibility Determination Form
• Attachment I – Disclosure Exemption Affidavit – Only If Applicable
AUTHORIZED SIGNATURE
The Bid must be signed by legally authorized person(s) to bind the Bidder to the Bid and the Price Agreement resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.
REFERENCES – RESERVED
MATERIAL OR TECHNICAL REQUIREMENTS
ALL MATERIALS AND TECHNICAL REQUIREMENTS ARE PROVIDED IN
ATTACHMENT D – BID FORM.
KEY PERSONS – RESERVED
BID PRICING
Bidder must provide all information required in Attachment D – Bid Form of this ITB except for the Bid Price. Initial Bid pricing will be submitted before the online Reverse Auction Event as described in Attachment G. Bidder is required, if applicable, to provide the data requested in Attachment D – Bid Form in the TAB titled: “TANKS and ACCESSORIES”. Bidders will NOT be evaluated on the data provided in this tab. However, it must be provided for consideration by an Authorized Purchaser under a future price agreement, if awarded.
DAS Procurement Services, Version eRA – February 4, 2019 Page 10 of 13
SECTION 4: BID REVIEW METHODOLOGY
4.1 RESPONSIVENESS DETERMINATION
A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.
4.2 RESPONSIBILITY DETERMINATION
Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Price Agreement. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment E) within 5 Business Days of receipt of Intent to Award notice.
At any time prior to award, Agency may reject a Bidder found to be not Responsible.
4.3 COST COMPARISON
Agency intends to award a minimum of two Price Agreements to the two lowest, Responsible Bidders identified for each District outlined in Attachment D – Bid Form which substantially complies with the requirements and criteria set forth below.
4.4 PREFERENCES
OREGON SUPPLIES AND SERVICES
Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.
RECIPROCAL PREFERENCE
For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the respective bidder’s state.
RECYCLED MATERIALS
In comparing Goods with two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.
TIEBREAKERS
If there is more than one lowest Bid at the end of the online Reverse Auction event, and such Bids are identical in price, fitness, availability and quality, and Agency chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures
DAS Procurement Services, Version eRA – February 4, 2019 Page 11 of 13 outlined in OAR 125-246-0300.
4.5 METHOD OF AWARD
GENERAL AWARD
Agency intends to award a minimum of two Price Agreements for each District to the two, Responsible Bidders submitting the lowest Bids.
SECTION 5: INTENT TO AWARD
5.1 INTENT TO AWARD NOTIFICATION
After a final selection is made, Agency will issue a Notice of Intent to Award though OREGONBUYS.
Bid files are public records and available for review at Agency by request.
5.2 INTENT TO AWARD PROTEST
An Affected Bidder has 7 calendar days from the date of publication 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.
• Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.
• Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.
• Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter
279A or ORS Chapter 279B.
If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement award.
PROTESTS MUST:
• Be delivered to the SPC via email
• Reference the ITB number
• Identify Bidder’s name and contact information
• Be signed by an authorized representative
• Specify the grounds for the protest
• Be received within 7 calendar days of the Intent to Award notice
RESPONSE TO PROTEST
Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.
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5.3 PAY EQUITY CERTIFICATION
If selected for award and the Price Agreement value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services.
ORS279B.110(2)(f) requires that Bidder provide this prior to execution of the Price Agreement.
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
INSURANCE
Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.
SECTION 6: PRICE AGREEMENT EXECUTION
After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The 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 Agency has provided the Contractor with a copy.
SECTION 7: ADDITIONAL INFORMATION
7.1 GOVERNMENT BODIES
Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.
7.2 OWNERSHIP/PERMISSION TO USE MATERIALS
Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for
DAS Procurement Services, Version eRA – February 4, 2019 Page 13 of 13 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 Agency cancels this ITB prior to the Closing identified in Section 1.3.
7.3 COST OF BIDDING
Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.
7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES
Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.
7.5 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), and ORS279B.220-279B.225)
| SECTION 1: GENERAL INFORMATION |
| 1.1 SUMMARY OVERVIEW |
| 1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS |
| 1.3 SCHEDULE OF EVENTS |
| 1.4 DEFINITION OF TERMS |
| 1.5 SINGLE POINT OF CONTACT |
| SECTION 2: ITB PROCESS |
| 2.1 PROCUREMENT AUTHORITY |
| 2.2 PROCUREMENT METHOD |
| 2.3 PRE-BID CONFERENCE |
| 2.4 OREGONBUYS |
| 2.5 QUESTIONS AND CLARIFICATIONS |
| 2.6 PROTEST OF ITB |
| Protestor name and contact information. |
| The ITB # S-10700-00012203. |
| 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 specify 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. |
| 2.7 ADDENDUM |
| 2.8 PROTEST OF ADDENDA |
| 2.9 REVERSE AUCTION EVENT |
| SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS |
| 3.1 ACCEPTANCE PERIOD |
| 3.2 BID SUBMISSION REQUIREMENTS (GENERAL) |
| Withdraw its Bid to make modifications and resubmit the Bid before Closing. |
| Modifications made to a Bid must be clearly identified noting the specific change(s) to the original Bid submission and properly initialed by Bidder’s authorized representative. |
| Oral, electronic, facsimile or telephonic modifications will not be accepted. |
| 3.3 BID REQUIREMENTS (PASS/FAIL) |
| Attachment B – Bidder Information and Certification Form |
| Attachment C – Certified Disadvantaged Business Outreach Plan |
| Attachment D – Bid Form |
| Attachment E – Responsibility Determination Form |
| Attachment I – Disclosure Exemption Affidavit – Only If Applicable |
| SECTION 4: BID REVIEW METHODOLOGY |
| 4.1 RESPONSIVENESS DETERMINATION |
| 4.2 RESPONSIBILITY DETERMINATION |
| 4.3 COST COMPARISON |
| 4.4 PREFERENCES |
| 4.5 METHOD OF AWARD |
| SECTION 5: INTENT TO AWARD |
| 5.1 INTENT TO AWARD NOTIFICATION |
| 5.2 INTENT TO AWARD PROTEST |
| All lower Bids are non-Responsive. |
| Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB. |
| Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive. |
| Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B. |
| Be delivered to the SPC via email |
| Reference the ITB number |
| Identify Bidder’s name and contact information |
| Be signed by an authorized representative |
| Specify the grounds for the protest |
| Be received within 7 calendar days of the Intent to Award notice |
| 5.3 PAY EQUITY CERTIFICATION |
| 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 |
| 7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION |
| 7.6 RECYCLED PRODUCTS |
File details come from the government source that posted it. Updated .