Solicitation No. S-10700-00017286 – Supply and Deliver corrosion-inhibited, liquid, magnesium chloride

DAS State Procurement Services, Version 2.0 – July 2025 1

STATE OF OREGON

The Department of Administrative Services – State Procurement Services (DAS – SPS) issues

Invitation to Bid (“ITB”) under OregonBuys® Bid Number S-10700-00017286 for

Supply and Delivery of corrosion-inhibited, liquid magnesium chloride

Date of Issue: 10/09/2026

Bid Opening Date and Time: 10/30/2026 @ 5:00 PM (PST)

Single Point of Contact (“SPC”): John Starrs

Address: 155 Cottage Street City, State, Zip: Salem, Oregon, 97302 Phone (voice): 971-349-2539 E-mail: John.Starrs@Das.Oregon.Gov

Approved for Release by Jeffrey R. Wheeler, Senior Assistant Attorney General, via email on October 8, 2026.

mailto:John.Starrs@Das.Oregon.Gov

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GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through its Department of Administrative Services – State Procurement Services, (DAS – SPS), is issuing this Invitation to Bid (ITB) for the purpose of awarding a price agreement to the lowest, responsive Bidder capable of supplying AND delivering corrosion-Inhibited, liquid magnesium chloride in bulk quantities.

Several sites located around the State of Oregon require deliveries and Bidders are expected to submit a price for each site with freight terms FOB: Destination.

Each awardee of a resulting price agreement will be required to pay an administrative fee of 2% of the gross sales generated by all Authorized Purchasers throughout the term of the Price Agreement. Therefore, each Bidder is advised and DAS – SPS fully expects this 2% to be added and included in their final bid price to offset this fee.

All details including delivery expectations are in Attachment D – Bid Pricing Form.

DAS – SPS anticipates a single award but may issue multiple awards if the results are warranted and in the best interest of the state. Section 4.5 gives further explanation.

The initial term of the price agreement will be 4 years with options to renew the agreement in increments decided within 60 days of the date of expiration of the current term. The maximum term of any agreement is 10 years including renewal options.

1.2 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 Coast.

EVENT DATE TIME

Bidder Deadline to submit Questions October 21, 2026 5:00 PM

Bidder Deadline to Protest ITB Language October 23, 2026 5:00 PM

Bidder Deadline to submit Bid October 30, 2026 5:00 PM

DAS – SPS Deadline to issue intent to award November 4, 2026 5:00 PM

Bidder’s Deadline to Protest intent to award November 11 2026 5:00 PM

1.3 Minimum Bidder Qualification Requirements

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To be considered for evaluation for an award under this ITB, the product offered must be listed on the current QPL for approved products, meet the desired specifications and agree to the delivery instructions. Attachment D – Bid Pricing Form has all details.

The link to the QPL is below.

HTTPS://WWW.CLEARROADS.ORG/QUALIFIED-PRODUCT-LIST/

1.4 Minimum Bid Submission Requirements

Each bid must include the completed documents below:

1.4.1 Attachment B – Bid Cover Sheet

1.4.2 Attachment C – Reference Check Form

1.4.3 Attachment D – Bid Pricing Form

1.4.4 Attachment E – Responsibility Inquiry

1.4.5 Attachment F – Certified Disadvantaged Business Outreach Plan

1.4.6 Attachment G – Defined Terms

1.4.7 Attachment H – Map of District Boundaries in Oregon

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

The state requires deicing chemicals to melt ice forming on highways in the State of Oregon. For this ITB, 104 storage sites are given to bidders to calculate their pricing. All details, including the required specifications and delivery instructions, are in Attachment D – Bid Pricing Form. DAS – SPS advises these sites are not the only sites available for future business. They are used in this ITB because they contain the most accurate, historical usage data. All state agencies are required to purchase from the award(s) issued by this solicitation. Additionally, members of the Oregon Cooperative Procurement Program (OrCPP) have authority to purchase from final award(s). Some OrCPP examples are cities, counties and school districts.

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.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.clearroads.org%2Fqualified-product-list%2F&data=05%7C02%7CJohn.STARRS%40das.oregon.gov%7Ce34eed80ce66402038cb08dec5a3ea66%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C639165504961567816%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=fs5qHwzfKHMFQh3a63P8DNVW4t6n2J3B1U6UiE8L3ZE%3D&reserved=0

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3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Price Agreement are found in OAR 125-246-0110 and set forth in Attachment G or elsewhere in this ITB or its Attachments.

For ease of reference, a link to the crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys®

3.3.1 OregonBuys® posting.

This ITB, including all amendments, attachments and exhibits, is posted in OregonBuys. This is the state’s e-procurement system. ITB documents will not be mailed or 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 Registration” 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@oregon.gov.

3.3.4 Failure of Electronic Procurement System

In the event of a failure of OregonBuys and interferes with the ability of any bidder to submit documents, to protest or to otherwise participate in the ITB, DAS – SPS may cancel or extend the closing date and time by providing notice immediately once OregonBuys becomes available.

3.4 Pre-Bid Conference

DAS-SPS will NOT hold a pre-Bid conference.

3.5 Questions and Requests for Clarification

All questions and requests for clarification related to this ITB must be submitted through the Q & A Tab located of the ITB. Any question must reference the ITB number, section number, and passage. Questions will not be accepted by telephone.

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

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3.6 Protest of ITB

Prospective Bidders may submit a written protest of the ITB, including specifications, requirements, terms and conditions of the sample Price Agreement or the ITB process described in this ITB. They must submit the protest to the SPC via email and must contain the following data:

1. Bidder’s name and contact information;

2. ITB number;

3. Reason for the protest including grounds demonstrating how the ITB process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or o Improperly specifies a brand name;

4. Evidence and documentation supporting the grounds;

5. Proposed changes to any provisions or other relief sought.

DAS-SPS will address all protests meeting above requirements within a reasonable time and issue a written decision. Protests not meeting these requirements will not be considered.

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 any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

3.8 Protest to 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 3.7 above.

3.9 Bid Submission

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

3.9.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B). Attachment B must be signed by Bidder’s authorized representative.

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3.9.2 Bidder shall complete and submit the Reference Check Form (Attachment C). Bidder shall provide 2 references from project(s) of similar size and scope performed for any clients within the last 5 years. Forms must be completed by a reference, returned to Bidder, and submitted with the Bid. References should include references from state or federal entities that currently utilize, or within the last five years have utilized, the proposed Solution.

3.9.3 Bidder shall complete and submit the Bid Pricing Form (Attachment D).

3.9.4 Bidder shall complete and submit the Responsibility Inquiry (Attachment E).

Attachment E must be signed by Bidder’s authorized representative.

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

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 indicating the portions that are exempt and the statutory authority for the exemption, along with both an unredacted and a redacted version of its Bid.

Please refer to section 6.8 for more in-depth information.

3.9.7 Benefit Company. If Bidder is an Oregon benefit company, Bidder must submit: (1) the complete benefit report required under ORS 60.768, and (2) certify that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

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 .

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal %20ITB%20Response.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 Bids via OregonBuys® prior to the Bid Opening Date.

If technical difficulties that are no fault of Bidder prevent submission of a Bid via OregonBuys®, 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.

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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As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method.

3.11 Bid Modification or Withdrawal

A Bidder wishing to make modifications to a Bid already received by DAS-SPS must withdraw its Bid 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

DAS-SPS will not accept late Bids. Bids submitted on or before the Bid Opening Date will be accepted.

3.13 Opening and Bid Review

A public opening of bids will not be held for this ITB. However, a list of all Bidders will be documented and available 5 business days after the Bid Opening Date.

Bids will be reviewed as set forth in Section 4.

3.14 Firm Offer

A Bid is a firm offer for 90 calendar days following the Opening.

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

DAS-SPS will review all Bids received prior to the Bid Opening Date to determine if a Bid is Responsive to all ITB 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. DAS-SPS may waive mistakes in accordance with OAR 125-247-0470. If the SPC finds the Bid non-Responsive, the Bid may be rejected.

4.2 Responsibility Determination

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DAS-SPS will review the Responsibility Inquiry (Attachment E), Bid Pricing Form (Attachment D), references and other information to determine if an apparent Successful Bidder is Responsible prior to award and execution of the Price Agreement per agreement ORS 279B.110 or ORS 279C.375.

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

4.3 References

DAS-SPS will review the Reference Check Form (Attachment C) submitted by Bidder.

DAS-SPS may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. DAS-SPS may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom DAS-SPS has knowledge. DAS-SPS may use references to obtain additional information, break ties, or verify any information needed.

4.4 Preferences

DAS-SPS will apply the following preferences to a Bidder’s submitted price:

4.4.1 Oregon Supplies and Services. The State prefers that contract awards are for Oregon goods and services. For Bid calculation purposes, per ORS 279A.128, DAS-SPS shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed entirely in Oregon before the comparison.

4.4.2 Benefit Companies. The State prefers goods and services provided by an Oregon public benefit company. For evaluation purposes, per ORS 279A.128, DAS-SPS shall subtract 10% from the price for any Bidder submitting a certificate of existence issued under ORS 60.027.

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

4.4.4 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 cost of the Goods according to any applicable reciprocal preference.

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

4.4.6 Tiebreakers. If DAS-SPS receives Bids identical in cost, 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.

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4.5 Price Comparison (including application of preferences) and Ranking

After applying all preferences, DAS-SPS will evaluate submissions from those Responsive, Responsible Bidders.

DAS-SPS prefers to award one Price Agreement to the lowest Responsive, Responsible Bidder capable of supplying the entire state of Oregon. However, DAS – SPS recognizes some Bidders may have limited geographical coverage to offer competitive pricing.

Therefore, in Attachment D – Bid Pricing Form, column A represents the District number each site is located. Bidders with limited coverage are instructed to identify their limitation BY District. After evaluating qualifying Bids, DAS – SPS may award more than one Price Agreement defined by District with a single, sole contractor responsible for supply and delivery. DAS – SPS reserves this right if it is in the state’s best interest.

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 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 7 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 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’s 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.

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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.

5.3 Method of Award

DAS-SPS will award one or more Price Agreements to the Responsive and Responsible Bidder(s) submitting the Bid(s) pursuant to the criteria set forth in Section 4.

5.4 Price Agreement Execution

DAS-SPS intends to enter into a Price Agreement based upon the form attached hereto (Attachment A) with the apparent Successful Bidder. Prior to execution of the Price Agreement, the apparent Successful Bidder must submit the following to DAS-SPS:

5.4.1 Pay Equity Certification. If the value of the Price Agreement exceeds $500,000 and Bidder has 50 or more employees, the apparent Successful Bidder shall submit to DAS- SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.4.2 Non-Discrimination. As a condition of receiving the award of a Price Agreement under this ITB, the 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. The apparent successful Bidder shall provide DAS-SPS proof of insurance meeting the requirements 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 https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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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.

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, BIDDER AGREES WITH DAS-SPS 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. Unless DAS-SPS cancels this ITB prior to the Bid Opening Date identified in Section 1.2, all Bids will become part of the public record without obligation to DAS-SPS.

6.6 Cost of Submitting a Bid

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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.

6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Price Agreement, 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 exemption and each page containing such information must identify the exemption provision and include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law.

6.9 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)

6.10 Checklist Disclaimer

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Any checklists contained in this ITB are provided only as a courtesy. DAS-SPS makes no representation as to the completeness or accuracy of any checklist. Prospective Bidders are solely responsible for reviewing and understanding this ITB and complying with all requirements.

6.11 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. For more information, visit:

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

ATTACHMENT A

SAMPLE PRICE AGREEMENT

See separate PDF document under same title https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

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ATTACHMENT B

BID COVER SHEET

Bidder Name (printed)

Addres s:

City, State, Zip:

Bid Clarification Contact Person:

Telephone

Email:

State of Incorporation:

Entity Type:

Oregon Secretary of State Business Registry Number (if required):

The undersigned, as Bidder’s authorized representative, certifies that:

1. Bidder understands and accepts the requirements of this ITB. Bidder acknowledges receipt of all Amendments to this ITB.

2. By submitting a Bid, Bidder agrees to be bound by the Price Agreement terms and conditions in Attachment A, as modified by Amendment, if any.

3. The costs set forth in Attachment D are firm for 60 Calendar Days after the Opening.

4. Bidder has no undisclosed liquidated and delinquent debt owed to the State or any DAS-

SPS, board, commission, department of division of the State.

5. Bidder complies with and is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation taxes referenced in ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices regarding race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS

200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran owned business, or an emerging small business. If applicable, Bidder has, or will have prior to Price Agreement execution, a written policy and practice, that meets the requirements described in ORS 279A.112, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. DAS-SPS may not enter into a Price Agreement with an anticipated price of $150,000 or more with a Bidder that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx

Solicitation No. S-10700-00017286 – Supply and Delivery of corrosion-inhibited, liquid, magnesium chloride

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7. Bidder and Bidder’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:

https://www.treasury.gov/ofac/downloads/sdnlist.pdf, or

B. the government wide exclusions list in the System for Award Management found at:

https://www.sam.gov/

8. Bidder certifies to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder shall promptly notify the State in writing.

9. Bidder certifies all contents of the Bid (including any other forms or documentation, if required under this ITB), and this Bid Cover Sheet are truthful and accurate and have been prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

10. Bidder understands any statement or representation made in response to this ITB, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" (as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Price Agreement being a "false claim" (ORS 180.750(2)) subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that act.

11. Bidder acknowledges these certifications are in addition to any certifications required in the Price Agreement at the time of execution.

12. If Bidder is an Oregon benefit company, Bidder certifies that the majority of the benefit company’s regular, full-time workforce is in Oregon.

BIDDER, Authorized Representative

Signature: _______________________________________________________________________

Print Name and Title: _______________________________________________________________

Date: ____________

Email: ________________________

Telephone Number: (______) _________ https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sam.gov%2F&data=05%7C02%7CSandy.CLAVET-CONNOLLY%40das.oregon.gov%7C20d5c1c77a734944e43b08dd9723da80%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C638832902425383725%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=cEouPD556UvLKXydEeigOs5c2CFHproRy4Ils69Lgl0%3D&reserved=0

Solicitation No. S-10700-00017286 – Supply and Delivery of corrosion-inhibited, liquid, magnesium chloride

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ATTACHMENT C

REFERENCE CHECK FORM

REFERENCES COMPARABLE IN SIZE AND SCOPE: Bidder shall include references from 2 different firms who Bidder provided similar goods and/or services to within the last 3 years. Goods must be comparable in size and scope as required in this ITB. Bidder must include how the goods meet the same parameters described in this ITB.

Reference #1

Name of Firm:

Reference Contact

Telephone

Email:

Alternate Reference Contact

Email:

Description of goods and/or services provided, include type, size, duration and objectives:

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this ITB:

Describe the volume of work:

Reference #2

Name of Firm:

Reference Contact

Email:

Alternate Reference Contact

Solicitation No. S-10700-00017286 – Supply and Delivery of corrosion-inhibited, liquid, magnesium chloride

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Email:

Description of goods and/or services provided, include type, size, duration and objectives:

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this ITB:

Describe the volume of work:

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ATTACHMENT D

BID PRICING FORM

(SEE SEPARATE EXCEL DOCUMENT TITLED:

ATTACHEMNT D – BID PRICING FORM)

Solicitation No. S-10700-00017286 – Supply and Delivery of corrosion-inhibited, liquid, magnesium chloride

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ATTACHMENT E

RESPONSIBILITY INQUIRY

Bidder must complete and return this Responsibility Inquiry with its Bid. DAS-SPS will determine responsibility of a Bidder prior to award and execution of a Price Agreement. In addition to this form, DAS-SPS may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in DAS-SPS finding of non-responsibility and rejection.

Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO

Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party?

Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

Within the last three years Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) has been criminally or civilly charged, indicted, or convicted in connection with:

1. Obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

2. Violation of federal or state antitrust statutes relating to the submission of bids, or

3. Embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, tax evasion, or receiving stolen property?

YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Solicitation No. S-10700-00017286 – Supply and Delivery of corrosion-inhibited, liquid, magnesium chloride

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Response:

Within the last three years, Bidder has had:

1. Contracts terminated for default by DAS – SPS or any government.

2. Lawsuits filed against it by creditors or involving contract disputes.

YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed Price Agreement period? YES / NO

If "YES” on the first question or second question of the three questions immediately above, or “NO” on the third question, please provide additional details.

Response:

Within the last three years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

Pay Equity Certificate. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A . If applicable, submit a copy of the certificate with this form.

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Response:

AUTHORIZED SIGNATURE: By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of their knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB:

Project Name:

By: ___________________________________________ Date: _________________________ Authorized Representative

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ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

Bidder Name:

Date

Contact Name:

Telephone

Email

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, veteran-owned businesses, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Bidder certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any evaluation.

1. Is Bidder an Oregon Certified Firm? Yes No

If yes, indicate all certification type(s): DBE MBE WBE SDV ESB and supply

Oregon State Certification Number: __________________________

2. Include a list of Certified Firms that Bidder has had a contractual relationship with within the last two years.

3. Include a list of firms that Bidder has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

4. Does Bidder foresee any subcontracting opportunities for this procurement? Yes No

If no, do not complete the rest of this form and submit this first page with your Bid.

If yes, please complete the following pages and submit all pages with your Bid.

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Certified Disadvantaged Business Outreach Plan (cont.)

1. Describe the steps Bidder will take to solicit Certified Firms for subcontracting opportunities if awarded a Price Agreement from this procurement.

2. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Price Agreement.

3. Would Bidder be willing to report the identity of each subcontractor and the value of each subcontract to COBID if awarded a Price Agreement from this procurement?

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ATTACHMENT G

DEFINED TERMS

For ease of reference, a crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in this attachment.

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys®) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum will be labeled as such and must be made available to all interested Bidders in accordance with OAR 125-247-0305(8). The plural form of “Addendum” is “Addenda.”

“Amendment”, “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the ITB, such as intent to award, cancellation, etc., as set forth in the Amendment.

"Bid" (referred to as “Quote” in OregonBuys®) means Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

“Bid ITB” Any form of ITB: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid ITB has a separate page and ID number in OregonBuys®.

“Change Order” A formal change to an existing MBPO (i.e., any form of contract, agreement, price agreement or on-call contract, etc., purchase order or work order contract).

"Closing" (referred to as “Bid Opening Date” in OregonBuys®) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

“Master Blanket Purchase Order” (“MBPO”) means a price agreement uploaded to OregonBuys accompanied with a single, specific reference number.

"Opening" means the date/time set to read the Bid submittals.

"OregonBuys® System" or “OregonBuys®” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services.

The OregonBuys® System website is: https://oregonbuys.gov/bso/.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

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“Quote” Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid required by a Bid ITB.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

“Vendor” Any form of business entity registered in OregonBuys®.

CROSSWALK OF TERMS USED IN OREGONBUYS® Please see this link:

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

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ATTACHMENT H

MAP OF DISTRICT BOUNDARIES IN OREGON

ITB_S-10700-000172

86_Oregon_Map_of_