ITB S-10700-00015503_Herbicide Chemicals Dry and Liquid.pdf

ITB S-10700-00015503 - HERBICIDE CHEMICALS (LIQUID & DRY) Page 1 of 56

STATE OF OREGON

COVER PAGE

Department of Administrative Services, State Procurement Services issues this

Invitation to Bid (ITB) under OregonBuys© Bid Number S-10700-00015503 for

HERBICIDE CHEMICALS (LIQUID & DRY)

Date of Issue: 1/15/2026

Bid Opening Date and Time (Bids Due): 2/3/2026, 3:00 PM (Pacific Time)

Single Point of Contact (SPC): Kim O’Neill, State Procurement Analyst

Address: 1225 Ferry St. SE City, State, Zip: Salem, OR 97301 Phone (cell): (971) 349-0114 E-mail: Kim.R.Oneill@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:Kim.R.Oneill@DAS.Oregon.gov

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SECTION 1: GENERAL OVERVIEW

SECTION 2: GOODS AND SERVICES

SECTION 3: PROCUREMENT PROCESS

SECTION 4: BID REVIEW AND SELECTION

SECTION 5: AWARD

SECTION 6: ADDITIONAL INFORMATION

ATTACHMENT A – SAMPLE PRICE AGREEMENT

SECTION 1: Agreement

SECTION 2: Standard Terms For Authorized Purchaser Contracts Under This Agreement

SECTION 3: Special Terms For Contracts Under This Agreement

SIGNATURE OF CONTRACTOR

EXHIBIT A Scope Of Work

EXHIBIT A-1 Geographical Region Map

EXHIBIT A-2 List Of Supplier Locations

EXHIBIT A-3 Product List And Pricing

EXHIBIT B Ordering Instrument

EXHIBIT C Insurance Requirements

ATTACHMENT B – BID COVER SHEET

ATTACHMENT B – BID COVER SHEET (CONTINUED)

ATTACHMENT C-1 – BID SUBMITTAL SHEET – MINIMUM REQUIREMENTS

ATTACHMENT C-2 – BID SUBMITTAL SHEET – LIST OF SUPPLIER LOCATIONS

ATTACHMENT C-3 – BID SUBMITTAL SHEET – GEOGRAPHICAL REGION MAP

ATTACHMENT D – BID PRICING FORM

ATTACHMENT E – RESPONSIBILITY INQUIRY

ATTACHMENT E – RESPONSIBILITY INQUIRY (CONTINUED)

ATTACHMENT E – RESPONSIBILITY INQUIRY (CONTINUED)

ATTACHMENT F – CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT F – CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONTINUED)

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SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (DAS SPS) on behalf of state agencies and Oregon Cooperative Program (ORCPP) members (Authorized Purchasers), is issuing this solicitation [Invitation to Bid (ITB)] for Herbicide Chemicals (Liquid & Dry).

Bidder must operate in compliance with the State Pesticide Control Act which is enforced and regulated by the Department of Agriculture. Oregon Administrative Rules (OAR) 634.016 through OAR 634.326 governs the formulation, distribution, storage, transportation, application, and use of pesticides in the interest of the public.

1.1.1 DAS SPS anticipates the award of one Price Agreement per geographical region and may award more Price Agreement(s) if DAS SPS in its sole discretion determines multiple awards to be beneficial, as further described in Section 4.4 of this ITB. The term of each Price Agreement is anticipated to be three years with the ability to extend.

1.1.2 The purpose of this ITB is to enter into Price Agreement(s) which will provide Authorized Purchasers with the ability to purchase Herbicide Chemicals (Liquid & Dry) at greatly discounted prices.

1.1.3 The award of any Price Agreement(s) will replace the current Price Agreement 6439 with Wilber Ellis.

1.1.4 Authorized Purchasers have purchased $22,740,583.18 over the term of the current Price Agreement with Wilber Ellis.

1.1.5 DAS SPS does not guarantee that Authorized Purchasers will make any purchases from the resulting Price Agreement(s).

By submitting a Bid, Bidder agrees to supply all Goods and Services ordered during the term of an awarded Price Agreement.

The following table indicates the last 3 years of purchase history, by quarter.

Year Quarter 1 Quarter 2 Quarter 3 Quarter 4

2022 / / / $344,036.21

2023 $549,653.62 $1,081,785.84 $1,734,807.46 $101,133.90

2024 $569,189.44 $674,600.15 $525,830.99 $147,067.00

2025 $808,030.70 $971,945.12 $198,223.52 /

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1.2 Intended Beneficiaries (Authorized Purchasers)

1.2.1 State Agencies

1.2.2 Members of the Oregon Cooperative Procurement Program (ORCPP)

1.3 Schedule of Events

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

DAS SPS’ 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 Minimum Requirements

In order to be considered for an award resulting from this ITB, Bidder must complete and submit Attachment C-1 (Minimum Requirements) confirming that Bidder meets or exceeds the minimum requirements as described below:

1.4.1 Bidder must understand and comply with the State Pesticide Control Act (ORS 634) and all requirements of the act as described in ORS 634.016 through 634.148 which include the following:

1.4.2 Bidder must agree that any pesticides, including each formula or formulation, manufactured, compounded, delivered, distributed, sold, offered, or exposed for sale in Oregon shall be registered each year with the State Department of Agriculture in accordance with ORS 634.016, unless the pesticide is exempt in accordance with ORS 634.022.

1.4.3 Bidder and all Bidder’s sale outlets and locations must be a licensed Oregon Pesticide Dealer pursuant to ORS 634.136.

1.4.4 Bidder must agree to comply with pesticide labeling requirements described in 634.026.

EVENT DATE PACIFIC TIME

Pre-Bid Conference (attendance is voluntary) (See Section 3.4)

January 21, 2026 (Wednesday)

1:30 PM

Bidder Due Date for Questions and Requests for Clarification (See Section 3.5)

January 23, 2026 (Friday)

3:00 PM

DAS SPS anticipates providing a response (to Bidder Questions and Requests for Clarification)

January 27, 2026 (approximate) (Tuesday)

ITB Protests Period Ends (See Section 3.6) January 28, 2026 Bid Opening Date (Due Date and time to submit Bids)

February 3, 2026 (Tuesday)

3:00 PM

Issuance of Notice of Intent to Award (See Section 5.1)

7-Days before Bids are due (approximately February 4, 2026)

Notice of Intent to Award Protest Ends (See Section 5.2)

7-Days From Notice of Intent To Award (approximately February 11, 2026)

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1.5 Submission Requirements

Bidder’s Bid must include the following submittal documents:

1.5.1 Attachment B – Bid Cover Sheet

1.5.2 Attachment C-1 – Bid Submittal Sheet (Minimum Requirements)

1.5.3 Attachment C-2 – Bid Submittal Sheet (List of Supplier Locations)

1.5.4 Attachment C-3 – Bid Subittal Sheet (Geographical Region Map)

1.5.5 Attachment D – Bid Pricing Form Tabs one and two (Excel document)

1.5.6 Attachment E – Responsibility Inquiry

1.5.7 Attachment F – Certified Disadvantaged Business Outreach Plan (COBID)

1.6 Single Point of Contact

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

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

This ITB includes the supply of Herbicide Chemicals (Liquid & Dry) (Goods), together with delivery of the Goods (Services), as listed in Attachment D and as described in the Scope of Work section of the Sample Price Agreement-Attachment A.

A list of items regularly purchased can be found in Attachment D (Bid Pricing Form).

Bidder must submit any substitutions of these items before the Bidder Questions and Requests for Clarification due date, found in Section 1.3 Schedule of Events. All requests for substitutions must be submitted in OregonBuys or sent to the Single Point of Contact, as described in Section 3.5. DAS SPS may in its sole discretion approve or deny substitutions.

Add-ons – Bidder may include related products sold by Bidder by including those products in Attachment D “Add-ons” section. Add-on products must be within the Herbicide (Liquid & Dry) scope of this solicitation.

Add-on products will not be evaluated or scored. Add-ons must be submitted with Bidder’s Bid and are not.

DAS SPS, in its sole discretion, may deny one or more add-ons.

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

DAS SPS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3). DAS SPS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255, and may use any available optional procedures.

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3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Price Agreement(s) are in OAR 125-246-0110.

OregonBuys® terms may differ from terms defined in OAR 125-246-0110 therefore, for ease of reference, a glossary of terms is linked here and may be used as a crosswalk:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf

The following information is provided for clarification.

Any material change, notice, or form associated with the ITB may be referred to as an “Amendment,” “Addendum,” or “Addenda”.

A Bidder's Written response to the ITB, including all necessary attachments and information required to be submitted may be referred to as a “Bid,” “Quote,” “Offer,” or “Response”.

The date and time Bids are due may be referred to as the "Closing" date or the “Bid Opening Date”.

"Opening" and “Bid Opening Date” are different terms. “Opening” means when the list of Bidders who submitted Bids (names only) will be available. “Bid Opening Date” is the date and time Bids are due.

3.3 Electronic Procurement System (OregonBuys)

3.3.1 OregonBuys posting

This ITB, including all Amendments, Attachments and Exhibits, is posted in the State’s Electronic Procurement (e-procurement) system, OregonBuys. ITB documents will not be mailed or otherwise delivered.

3.3.2 OregonBuys Registration Information

Bidder must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Supplier Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance.

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

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR INFORMATION IS CURRENT AND CORRECT IN OREGONBUYS. DAS SPS WILL ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR

INFORMATION.

3.3.3 OregonBuys Assistance

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@das.oregon.gov.

3.3.4 Failure of E-Procurement System

In the event of a failure of the e-procurement system that interferes with the ability of a Person to submit Electronic Submittals; to protest or to otherwise participate in the procurement, DAS SPS may cancel the procurement or may extend the Bid Opening Date and time to allow additional time for receipt of Electronic Submittals by Amending the ITB after the e-procurement system becomes available.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf mailto:support.oregonbuys@das.oregon.gov

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3.4 Pre-Bid Conference

DAS SPS will hold a voluntary pre-Bid conference. The purpose of the pre-Bid conference is to explain the ITB requirements and to answer questions. Statements made at the pre-Bid conference are not binding upon DAS SPS. Bidders are cautioned that ITB requirements will change only by written Amendment issued by DAS SPS as provided in this ITB.

Perspective bidders are encouraged to submit questions in writing.

Interested parties may participate in the pre-Bid conference by joining the Microsoft Teams meeting in one of the following ways:

Electronic (with or without video): Computer, mobile app, or room device Click “join the meeting” to join the meeting Join the meeting now / Meeting ID: 281 039 841 551 51

Passcode: nx3Xb3fJ

Or

Phone: (audio only) 1 503-446-4951, 198479495# Phone Conference ID: 198 479 495#

3.5 Questions, Requests for Clarification

All questions and requests for clarification, including Price Agreement Changes, Lead Time, Specification Changes, and products substitutions, must be submitted in Writing to the SPC. The preferred method of submission is through the Q & A tab located in OregonBuys. If Bidder is unable to submit through the Q & A tab in OregonBuys, Bidder may email the SPC. The submitted question or request must reference the OregonBuys ITB number, section number, and passage. Questions and requests for clarification will not be accepted by telephone.

Please note that this is the only opportunity for Bidders to propose revisions to the ITB and Sample Price Agreement documents, short of engaging in the formal protest process described in Section 3.6.

3.6 Protest of ITB

Prospective Bidders may submit a Written protest of the ITB, including the specifications and requirements, the terms and conditions of the sample Price Agreement, or the procurement process described in this ITB.

Prospective Bidder must submit the protest to the SPC via email. The protest must:

1. Include prospective Bidder’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds demonstrating how the procurement process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzQ1NjU3NDAtNGFkYi00NThkLThlNmEtOWEwMzAxZWE2ZDY1%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22be8e42c0-d74f-4439-ab53-36cd24e088f1%22%7d

ITB S-10700-00015503 - HERBICIDE CHEMICALS (LIQUID & DRY) Page 8 of 56 o Improperly specifies a brand name;

4. Provide evidence and documentation supporting the grounds on which the protest is based;

5. Identify any proposed changes to the ITB provisions or other relief sought.

DAS SPS will issue a Written decision in response to any protest submitted in a reasonable time and which meet the requirements in this Section. DAS SPS will not consider protests that do not meet these requirements.

3.7 Amendments

DAS SPS may change this ITB by written Amendment, posted to OregonBuys. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State. Prospective Bidder is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued.

Amendments are incorporated into the ITB by this reference.

3.8 Protest of Amendments

A prospective Bidder may submit a protest of an Amendment by the date set forth in the Amendment, or if no date is set forth, then by the close of the next Business Day after the issuance of the Amendment, whichever is later. Unless otherwise specified in the Amendment, a protest to an Amendment must be submitted in the same manner as a protest of the ITB under Section 3.6 (Protest of ITB).

3.9 Bid Submission

A Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers, and must include the following submittals:

3.9.1 Attachment B - Bid Cover Sheet. Bidder shall complete and submit Attachment B - Bid Cover Sheet, which must be signed by Bidder’s authorized representative.

3.9.2 Attachment C - Bid Submittal Sheet attachments. Bidder shall complete and submit the Bid Submittal Sheet Attachments C-1, C-2, and C-3.

• Attachment C-1 – Minimum Requirements

• Attachment C-2 – List of Supplier Locations

• Attachment C-3 – Geographical Regions Bid Submittal Sheet and list of Supplier Locations.

3.9.3 Attachment D - Bid Pricing Form. Bidder shall complete and submit Attachment D - Bid Pricing Form.

3.9.4 Attachment E - Responsibility Inquiry Form. Bidder shall complete and submit Attachment E - Responsibility Inquiry Form, which must be signed by Bidder’s authorized representative.

3.9.5 Attachment F - Certified Disadvantaged Business Outreach Plan Form. Bidder shall complete and submit Attachment F - Certified Disadvantaged Business Outreach Plan (COBID) Form.

3.9.6 Public Records Exemption. If Bidder believes any portion of its Bid is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Bidder must submit a statement

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3.10 Bid Delivery

Bidder is solely responsible for ensuring its Bid is received by the Bid Opening Date. DAS SPS is not responsible for any delays in delivery. Prospective Bidders may deliver Bids to DAS SPS through OregonBuys at: https://OregonBuys.gov. Watch for an email from OregonBuys to verify Bid submittal is complete.

Detailed instructions on how to submit a Bid can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20R esponse.pdf

Technical Difficulties: Larger files may take additional time to upload to OregonBuys. Bidders are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit its Bid via OregonBuys prior to the Bid Opening Date.

If technical difficulties that are of no fault of the Bidder prevent submission of a Bid via OregonBuys, the Bidder must immediately notify the SPC in writing, via email, to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method any time before the Bid Opening Date and time.

3.11 Bid Modification or Withdrawal

A Bidder wishing to make modifications to a Bid already submitted must withdraw its Bid in order to make modifications and resubmit the Bid. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date.

For assistance with making modifications or withdrawing a Bid submitted through OregonBuys®, please contact the OregonBuys® Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

3.12 Late Bids

Late Bids will not be accepted or reviewed. In the event a Bid is received but determined to be late, DAS SPS is not obligated to return a late bid to the respective Bidder.

3.13 Opening and Bid Review

There will be no public Opening of Bids for this ITB. DAS SPS will make the name of the Bidder(s) available upon request; no other information will be made available until after the evaluation process has been completed and the notice of intent to Award is issued pursuant to OAR 125-247-0630.

Bids will be reviewed as set forth in Section 4.

3.14 Firm Offer

A Bid is a firm offer for 60 calendar days following the Opening.

https://oregonbuys.gov/ 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

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3.15 Additional Rounds

If DAS SPS believes additional rounds of review are necessary, DAS SPS will post an Amendment on OregonBuys defining the additional round(s).

SECTION 4: BID REVIEW AND SELECTION

4.1 Responsiveness Determination

A Bid received prior to the Bid Opening Date and time will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Section 1.4 (Minimum Requirements) and Section 1.5 (Submission Requirements). 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. DAS SPS may waive mistakes in accordance with OAR 125-247-0470.

4.2 Responsibility Determination

DAS SPS will determine if an apparent Successful Bidder is Responsible prior to award and execution of a Price Agreement per ORS 279B.110.

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

4.3 Preferences

DAS SPS will apply the following preferences to the Bid Price:

4.3.1 Reciprocal Preference. Pursuant to OAR 125-246-0310, DAS SPS shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.3.2 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 SPS 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.

4.3.3 Public Printing. DAS SPS shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.3.4 Tiebreakers. If DAS SPS receives Bids identical in price, fitness, availability and quality and chooses to award a Price Agreement, DAS SPS shall award the Price Agreement by drawing lots as outlined in

OAR 125-246-0300.

4.4 Price Comparison (including application of preferences) and Ranking

After applying all preferences, DAS SPS will compare the Bid Pricing Forms (Attachment D) from all Bidders and rank them from lowest to highest.

4.5 Multiple Award

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There are 5 geographical regions identified in Attachment A, Exhibit A-1, that DAS SPS anticipates will be served by one or more Price Agreement’s awarded under this ITB. DAS SPS intends to award the Price Agreement’s to the lowest Responsive and Responsible Bidder(s) whose Bid substantially complies with the requirements and criteria set forth in this ITB and that provides the most favorable pricing (apparent successful Bidder) however, DAS SPS may award multiple Price Agreements for any region if beneficial for adequate availability, delivery, service, competition, pricing, product capabilities, skill or other factors deemed significant by DAS SPS more Price Agreement(s) if DAS SPS in its sole discretion determines multiple awards to be beneficial.

4.6 Additional Rounds, Further Review (if required)

If DAS SPS elects to conduct additional rounds of review, DAS SPS will follow the process set forth in the Amendment describing the additional round.

SECTION 5: AWARD

5.1 Notice of Intent to Award

DAS SPS will issue a notice of Intent to Award to the apparent successful Bidder(s) on OregonBuys. Bid files are available for review after issuance of the notice of intent to Award.

5.2 Protest of Notice of Intent to Award

5.2.1 Written Protest. An Affected Person has seven calendar days from the date of issuance of the notice of intent to Award to file a Written protest.

A Bidder is an Affected Person, only if the Bidder would be eligible for 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:

1. All lower Bids are non-Responsive.

2. DAS SPS failed to conduct an evaluation of Bids in accordance with the criteria or process described in the

ITB.

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

4. DAS SPS’ evaluation of Bid(s) or determination of award otherwise violates ORS Chapter 279A or ORS

Chapter 279B.

5.2.2 The Affected Person must submit the protest to the SPC via email or regular mail. The protest must:

1. Include protestor’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds for the protest; and

4. Provide evidence and documentation supporting the grounds on which the protest is based.

5.2.3 DAS SPS will address all timely submitted protests meeting requirements within a reasonable time and will issue a Written decision. Protests that do not include the required information may not be considered by DAS SPS.

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5.3 Method of Award

DAS SPS will award one or more Price Agreement(s) to the Responsive and Responsible Bidder(s) pursuant to the selection criteria set forth in Section 4 (Apparent Successful Bidder(s)).

5.4 Price Agreement Execution

DAS SPS intends to enter into one or more Price Agreement(s) based upon the form attached hereto (Attachment A) with the apparent successful Bidder(s). Prior to execution of the Price Agreement(s), the apparent successful Bidder(s) must submit the following to DAS SPS:

5.4.1 Pay Equity Certification. The apparent successful Bidder(s) shall submit to DAS SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services.

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

5.4.2 Non-Discrimination. As a condition of receiving an award of a Price Agreement under this ITB, any apparent successful Bidder must certify 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.

5.4.3 Insurance. An apparent successful Bidder shall obtain and provide DAS SPS proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

This ITB is governed by the laws of the State of Oregon, specifically including ORS 279B.055 and OAR 125- 247-0255. The venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 Statement of Values

The State of Oregon is committed to taking active steps toward equity and inclusion in procurement processes for minority, women, emerging small, and veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this opportunity. 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.

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

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6.3 Government Bodies

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

6.4 Electronic Signatures

By submitting a bid in response to this ITB, the Bidder agrees that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and, bind the signing party, and are intended to be and can be relied upon by the parties.

6.5 Cancellation and/or Rejection of Bids; Damages

Pursuant to ORS 279B.100, DAS SPS 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 SPS, 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. All Bids will become part of the public record without obligation to DAS SPS unless DAS SPS cancels this ITB prior to the Bid Opening Date.

6.6 Cost of Submitting a Bid

Bidder 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.

6.7 Ownership/Permission to Use Materials

Bids submitted in response to this ITB become the property of the State. 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(s).

6.8 Confidential or Proprietary Information; Public Records

Following the notice of intent to Award, responses to this ITB are subject to public records 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, Bidder must submit a statement claiming the exemption and the statutory reason for the

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“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.

6.9 Recycled Products

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

6.10 COBID

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS SPS encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certified small businesses in the following categories: minority-owned business, woman-owned business, Veteran-owned business, or an emerging small business. DAS SPS also encourages joint ventures or subcontracting with certified small business enterprises. DAS SPS has provided the Certified Disadvantaged and Business Outreach Plan (Attachment F) for Bidder to describe their outreach plan, if any. For more information, visit:

https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

ATTACHMENT A – SAMPLE PRICE AGREEMENT

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PRICE AGREEMENT NO. PO-10700-000XXXXX

FOR

HERBICIDE CHEMICALS (LIQUID & DRY)

This Price Agreement number PO-10700-000##### for Herbicide Chemicals (Liquid & Dry) (Goods) (Agreement) is between the State of Oregon, acting by and through its Department of Administrative Services, State Procurement Services (DAS SPS) on behalf of state agencies and members of the Oregon Cooperative Procurement Program (ORCPP) (Authorized Purchasers) and __________________, a _____________ (Contractor).

SECTION 1: AGREEMENT

1.1 PARTIES; AUTHORIZED PURCHASERS

1.1.1 The only parties to this Agreement are DAS SPS and Contractor.

1.1.1.1 DAS SPS, Price Agreement Administrator:

Name:

Address:

Phone:

Email:

1.1.1.2 Contractor, Price Agreement Administrator:

Name:

Address:

Phone:

Email:

1.1.2 Authorized Purchasers are intended beneficiaries of this Agreement and include the following:

1.1.2.1 State Agencies

1.1.2.2 Oregon Cooperative Procurement Program participants

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1.2 DEFINITIONS

“Agreement” means this Price Agreement between Contractor and DAS SPS under which Contractor agrees to hold prices, terms and conditions firm for a specified period of time for the benefit of Authorized Purchasers.

“Authorized Purchaser” means any Agency of the State of Oregon and members of the Oregon Cooperative Purchasing Program (ORCPP) with appropriate purchasing authority under its applicable statutes, rules, regulations, or ordinances.

“Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding State of Oregon holidays and business closure days.

“Calendar Day” means contiguous days.

"Contract" means the agreement between Contractor and an Authorized Purchaser comprised of an Ordering Instrument and this Agreement, including any exhibits and amendments.

"Goods and Services" means the supplies, equipment, materials, and any personal property, including any tangible, intangible, and intellectual property and rights and license in relation to the Goods described in Exhibit A .

"Ordering Instrument" means the document an Authorized Purchaser submits to Contractor as a desire to order Goods and Services from this Price Agreement. An ordering instrument between a State Agency and Contractor must be substantially in the form attached as Exhibit B.

"Services" means the services to be performed by Contractor, if any, of which are incidental to the Goods described in Exhibit A.

"Specifications" means the specific attributes of the Goods to be purchased or Services to be provided, if any, as described in Exhibit A.

"State" means the State of Oregon.

1.3 TERM OF AGREEMENT

The Term of this Agreement is 02/##/2026 (Effective Date) through 02/31/2031 (End Date).

The End Date of this Agreement may change or be extended by Amendment or termination as provided in this Agreement.

1.4 TERMINATION OF AGREEMENT

1.4.1 Parties’ Right to Terminate by Mutual Consent. This Agreement may be terminated at any time by mutual written consent of DAS SPS and Contractor.

1.4.2 DAS SPS’ Right to Terminate for Convenience. DAS SPS may, in its sole discretion, terminate this Agreement, in whole or in part, for any reason upon 30 Calendar Days prior written notice to Contractor.

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1.4.3 Effect of Termination.

1.4.3.1 Upon termination of this Agreement, Contractor shall not accept new requests or Ordering Instruments and shall not enter into any new Contracts.

1.4.3.2 Termination of this Agreement does not terminate the rights or obligations of any party to any legally binding Contract between Contractor and an Authorized Purchaser, executed before termination of this Agreement.

1.4.3.3 Termination of this Agreement does terminate any “blanket” Contract. Blanket Contracts are those that do not legally require Contractor to deliver specific quantities of Goods at specific times.

1.5 ORDERING INSTRUMENTS

1.5.1 A Contract created by an ordering instrument consists of all the terms specified and required by this Agreement.

1.5.2 Additional, different, or conflicting terms and conditions of any Contract, quote, ordering instrument, or online ordering tool of either an Authorized Purchaser or the Contractor will not change the terms of this Agreement.

1.5.3 Subject to the provisions of this Agreement, Contractor shall accept ordering instruments from Authorized Purchasers that comply with the provisions of this Agreement until this Agreement expires or terminates. Contractor may, but is not required to, accept an ordering instrument requesting a delivery schedule less than any minimum lead time, if any, specified in Exhibit A.

1.5.4 An ordering instrument is deemed accepted by Contractor unless Contractor rejects an ordering instrument within ___ Business Days after it is received. Contractor may reject an ordering instrument: i) using the same means as were used to deliver the ordering instrument, or ii) by e-mail or facsimile if that information is evident on the ordering instrument. Contractor shall specify the reason(s) for rejection.

1.5.5 Accepted ordering instruments establish separate Contracts between Authorized Purchaser and Contractor and are subject to the provisions of this Agreement.

1.5.6 Nothing in this Agreement obligates any Authorized Purchaser to place any ordering instrument.

1.5.7 Contractor shall reject an ordering instrument that does not meet the requirements of this Agreement.

1.6 PRICES

1.6.1 Except as provided in this Section, during the Term of this Agreement, Contractor shall offer Goods and Services to Authorized Purchasers at prices that do not exceed the prices listed in Exhibit A.

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1.6.2 Contractor and Authorized Purchaser may negotiate and agree to lower prices for the Goods and Services listed in Exhibit A. Those lower prices apply only to applicable Contracts between Contractor and Authorized Purchaser.

1.6.3 Price Decrease

1.6.3.1 Contractor shall give DAS SPS and Authorized Purchaser’s the immediate benefit of any price decrease Contractor is offering to any other customer. Contractor shall promptly notify DAS SPS of the amount and effective date of each price decrease. The price decreases must apply to Authorized Purchaser’s ordering instruments issued on or after the effective date of the price decrease and must be reflected in Contractor’s invoices to Authorized Purchaser.

1.6.3.2 Contractor shall subtract from prices listed in Exhibit A any unit price decrease that has been achieved or gained by Contractor, whether through the manufacturer or otherwise. Contractor shall give DAS SPS and Authorized Purchasers the immediate benefit of the decrease. Contractor shall promptly notify DAS SPS Price Agreement Administrator of the amount and effective date of the decrease.

1.6.4 Other Price Adjustments

1.6.4.1 Price Increases must not be assumed. DAS SPS may deny requests for price increases in the interest of the State.

1.6.4.2 Beginning May 1, 2027, and for every annual anniversary thereafter, the prices set forth in Exhibit A-3 shall be adjusted based upon the percent changes (whether up or down) in the United States Department of Labor, Bureau of Labor and Statistics (BLS) indices for the most recent year. Economic adjustment will lag one (1) calendar month past the Contract commencement date to allow for publication of BLS data. All calculations for the index shall be based upon the latest version of the data published as of April each year. If an index is recoded, the replacement is a direct substitute according to the BLS, this Price Agreement will instead use the recode. If an index becomes unavailable, DAS SPS shall substitute a proxy index. If there is not a direct substitute, the next higher aggregate index will be used. The economic adjustment shall be calculated as follows:

New Price = Old Price x (Yearly Averaged Indices/Base Average Indices).

Indexes to be used:

PPI Title WPU06530107 PPI Commodity data for Chemicals and allied products- Agricultural chemicals and chemical products, not seasonally adjusted.

DAS SPS may request a price adjustment from Contractor in the event DAS SPS discovers that Contractor is in fact offering other customers lower prices or there has been a change in law or circumstances supporting a change. DAS SPS will send Contractor a written request with documentation, if any, to support the request.

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1.7 CONTRACTOR REPORTING AND PAYMENT REQUIREMENTS

Contractor shall submit Volume Sales Reports and pay Vendor Collected Administrative Fees to DAS as described in this Section.

1.7.1 Volume Sales Reports

Contractor shall submit a Volume Sales Report (VSR) at the end of each quarter using the process described at the following link:

https://www.oregon.gov/das/Procurement/Documents/VSRandVCAFInstructions.docx

1.7.2 Vendor Collected Administrative Fee

Contractor shall remit a Vendor Collected Administrative Fee (VCAF), Pursuant to the process described at the following link:

https://www.oregon.gov/das/Procurement/Documents/VSRandVCAFInstructions.docx

The VCAF is a charge equal to two percent (2%) of Contractor’s gross total sales, less any credits, made to Authorized Purchasers during the reporting period.

Contractor’s VCAF payments MUST reference the invoice number generated by DAS.

1.8 REPRESENTATIONS AND WARRANTIES

1.8.1 Officer Status, Insurance

Contractor represents and warrants that it is not an “officer,” “employee,” or “agent” of the State, as those terms are used in ORS 30.265. Contractor represents and warrants that Contractor has obtained and will maintain during the term of this Agreement all insurance required in Exhibit C Insurance Requirements.

1.8.2 Debt Owed

Contractor represents and warrants that it has no undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department or division of the State.

1.8.3 Warranty on Materials, Design, Manufacture

Contractor represents and warrants that, unless otherwise agreed, all Goods are new, unused, current production models, and are free from defects in materials, design and manufacture. Contractor further represents and warrants that all Goods are in compliance with and meet or exceed all specifications described in Exhibit A of the Agreement.

1.8.4 Warranty on Service Standards

https://www.oregon.gov/das/Procurement/Documents/VSRandVCAFInstructions.docx https://www.oregon.gov/das/Procurement/Documents/VSRandVCAFInstructions.docx

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Contractor warrants that all Services required to be performed, if any, shall be performed in a good and workmanlike manner in accordance with standards prevalent in the industry.

1.8.5 Warranty of Title

Contractor represents and warrants that all Goods are free and clear of any liens or encumbrances, that Contractor has full legal title to the Goods, and that no other person or entity has any right, title or interest in the Goods which is superior to or infringes upon the rights granted to Authorized Purchaser under this Agreement.

1.8.6 Warranty on Safety and Health Requirements

Contractor represents and warrants that Goods provided under this Agreement comply with all applicable federal health and safety standards, including but not limited to, Occupational Safety and Health Administration (OSHA), and all Oregon safety and health requirements, including, but not limited to, those of the Oregon Consumer and Business Services Department.

1.8.7 Manufacturer Warranties

Contractor shall transfer or shall have all manufacturer warranties covering the Goods and component parts, if any, transferred to Authorized Purchaser at time of delivery at no charge.

1.8.8 Warranties are Cumulative

Contractor’s warranties provided in this Section are in addition to and not in lieu of any other warranties provided elsewhere in the Agreement. All warranties provided for in this Agreement are cumulative, will be deemed consistent and not in conflict, are intended to be given full force and effect and to be interpreted expansively to give the broadest warranty protection to Authorized Purchaser.

1.9 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

Contractor shall comply and shall cause all subcontractors to comply with all applicable federal, state and local laws, rules, regulations, ordinances, and executive orders applicable to this Agreement as they may be adopted or amended from time to time.

1.9.1 Noncompliant Goods

In the event of a conflict between the specifications in this Agreement and applicable federal or State law, the law prevails over the specifications. When Contractor is notified or becomes aware of any required modifications, Contractor shall immediately notify DAS SPS and Authorized Purchaser. Contractor shall make any modifications required to achieve compliance with law.

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1.9.2 Recalled Goods or Components

In the event any Goods or its parts or components are recalled by a regulatory body or the manufacturer; or discovered by Contractor not to be in compliance with the applicable specifications or law, Contractor shall immediately notify Authorized Purchaser of the recall or non-compliance and shall provide copies of the notice or other documentation. Upon notification, Authorized Purchaser may elect to do any of the following:

a. Cancel any portion of the Contract

b. Reject the Goods

c. Revoke its acceptance of the Goods

d. Require Contractor to complete necessary modifications, where applicable, in a timely manner, at no charge to Authorized Purchaser

e. Terminate the Contract

In the event of rejection or revocation of acceptance under this subsection, Contractor shall promptly remove the Goods at its sole cost and expense and reimburse Authorized Purchaser for any payments made or costs incurred.

1.10 FOREIGN CONTRACTOR

If Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. Authorized Purchaser may withhold final payment under the Contract until Contractor has met this requirement.

1.11 SAFETY DATA SHEET

Contractor shall provide Authorized Purchaser at time of delivery with a Safety Data Sheet (SDS) as defined by the Occupational Safety and Health Administration (OSHA) for any Goods provided under the Agreement which may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must properly label, tag or mark such Goods.

Additionally, Contractor shall deliver EPA labels and SDS information if available and as requested by Authorized Purchaser.

1.12 TIME IS OF THE ESSENCE

Time is of the essence for Contractor’s performance obligations under this Agreement.

1.13 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING

1.13.1 Contractor is an independent contractor. Although Authorized Purchaser reserves the right (i) to determine (and modify) the delivery schedule for the Goods and Services and (ii) to evaluate the quality of completed performance, Authorized Purchaser cannot and will not control the means or manner of Contractor’s

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1.13.2 Contractor is responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Authorized Purchaser will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers’ compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

1.14 INDEMNIFICATION

1.14.1 Contractor shall defend, save, hold harmless, and indemnify Authorized Purchaser, Agency, the State and their officers, employees and agents from and against all third party claims, suits, actions, proceedings, losses, damages, statutory penalties, liabilities, awards and costs of every kind and description (including reasonable attorney’s fees and expenses at trial, on appeal and in connection with any petition for review) (collectively, “Claim”) which may be brought or made against any Authorized Purchasers, the State, or their officers, employees or agents, arising out of or related to (i) any personal injury, death or property damage caused by any defect in the Goods or any alleged act, omission, error, fault, mistake or negligence of Contractor, its employees, agents, related to this Contract, (ii) any act or omission by Contractor that constitutes a material breach of this Contract, including without limitation any breach of warranty, or (iii) the infringement of any patent, copyright, trade secret or other proprietary right of any third party by delivery or use of the Goods. Authorized Purchaser or State shall promptly notify Contractor in writing of any claim of which Authorized Purchaser or State becomes aware.

Contractor’s obligation under this Section shall not extend to any Claim primarily caused by (i) the negligent or willful misconduct of…