ITB S-25700-00004676 OSP Nylon Duty Gear.pdf

ITB S-25700-00004676

Nylon Duty Gear for OSP

STATE OF OREGON

COVER PAGE

OREGON STATE POLICE

NYLON DUTY GEAR

Invitation to Bid (ITB) Price Agreement

ITB S-25700-00004676

Date of Issue: 05/15/23

Closing: 6/15/23 Time 9:00 AM (Pacific)

Single Point of Contact (SPC): Matt Monaghan

Address: 3545 Trelstad Ave. SE City, State, Zip: Salem, OR 97317 Phone (voice): (503) 378-2276 E-mail: matthew.monaghan@osp.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 RESERVED

2.4 OREGON BUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON ......................................................................................................................Error! Bookmark not defined.

4.4 REFERENCES

4.5 SAMPLE ITEMS

4.6 PREFERENCES

4.7 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: PRICE AGREEMENT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE PRICE AGREEMENT

EXHIBIT A – SPECIFICATIONS AND PRICING

EXHIBIT B – INSURANCE REQUIREMENTS

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – BID PRICING FORM

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of State Police, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a multiyear Price Agreement for Nylon Duty Gear. The term of the initial price agreement shall be for a period of two (2) years with the option to renew for additional periods not to exceed eight (8) years or $150,000 in total compensation. For specifications, see Section 1.2

Agency anticipates the award of one (1) Price Agreement resulting from this ITB.

Agency estimates annual purchases in the amount of approximately $5,000 under this ITB for all goods listed in Section 1.2. Actual purchases may be in a greater or lesser volume during the term of the Price Agreement awarded. The approximate annual purchase amount indicated in this Section 1.1 is stated solely for the purpose of bid evaluation and should not be construed as an indication of the volume of Goods Bidder may be required to provide under the Price Agreement awarded. This figure is not, and may not be construed as, any representation, warranty, or guarantee of purchase by OSP. Bidders agree to accept all risks associated with the providing the Goods actually purchased under any resulting Price Agreement. By submitting an Offer, Bidder agrees to supply all goods and services ordered during the term of any awarded Price Agreement.

1.2 SPECIFICATIONS

Nylon Duty Gear Specifications:

All items bid must be brand new, factory-sealed, with full manufacturer warranty, original packaging with no marks, scratches, debris or adhesive residue. Used or "refurbished" items will not be accepted.

Any brand listed in the specifications as "Or Equal" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better.

Agency shall determine, in its sole discretion, whether a product offered is "equal." Agency shall make its decision after the closing date. Agency reserves the right to request samples and/or product information for products Agency is unfamiliar with. Samples/info should be sent within 3 days of request.

Desired Items

1. Nylon Duty Gun Belt

• Gould and Goodrich item #X54 “Or Equal” (see Section 1.4.1 for definition).

• Grab-resistant buckle

• 5-part laminate construction, 2-1/4” ballistic weave fabric outer with foam center and stiffener, plastic buckle, belt edged bound with nylon.

• Size: Small through Large that fits waist sizes 28”-44”

• Color: Black

2. Nylon Duty Gun Belt

• Gould and Goodrich item #X54 “Or Equal” (see Section 1.4.1 for definition).

• Grab-resistant buckle

• 5-part laminate construction, 2-1/4” ballistic weave fabric outer with foam center and stiffener, plastic buckle, belt edged bound with nylon.

• Size: XLarge that fits waist sizes 46”-50”

3. Nylon Duty Gun Belt

• Gould and Goodrich item #X54 “Or Equal” (see Section 1.4.1 for definition).

• Grab-resistant buckle

• 5-part laminate construction, 2-1/4” ballistic weave fabric outer with foam center and stiffener, plastic buckle, belt edged bound with nylon.

• Size: XX-Large that fits waist sizes 52”-56”

4. Nylon Single Cuff Case

• Gould and Goodrich item #X71 Or Equal

• Abrasion and moisture resistant; Hard shell molded

• Laminate construction, black or hidden snap

• Shall fit one pair of Hiatt hinged handcuffs

5. Nylon Double Cuff Case

• Gould and Goodrich item #PJC (custom G&G) Or Equal

• Abrasion and moisture resistant; Hard shell molded

• Laminate construction, black or hidden snap

• Shall fit two pairs of Hiatt hinged handcuffs

• Belt loop to fit 2.25” belt

6. Nylon Radio Holder

• Gould and Goodrich item #X651-1 Or Equal

• Abrasion and moisture resistant; Hard shell molded

• Laminate construction, black or hidden snap, 3-1/2” high, 1-1/2” long, 2-1/4” wide

7. Nylon Baton Holder

• Gould and Goodrich item #X560-26 Or Equal

• Abrasion and moisture resistant, Hard shell molded

• Laminate construction, open top, to fit 26” extendable baton

8. Nylon Chemical Spray Holder

• Gould and Goodrich item #X681-3 Or Equal

• Abrasion and moisture resistant, Hard shell molded

• Laminate construction, black or hidden snap, to fit 1-1/2” diameter X 4-1/4” tall canisters

9. Nylon Belt Keepers (set of 4)

• Gould and Goodrich item #B2099-4 Or Equal

• Abrasion and moisture resistant

• Laminate construction, black or hidden snaps, two snaps per keeper

• Fits belt up to 2-1/4”

10. Nylon Double Magazine Pouch

• Gould and Goodrich item #X627-3 Or Equal

• Abrasion and moisture resistant, Hard shell molded

• Laminate construction, black or snap, to fit two Smith & Wesson M&P .40cal model

Law Enforcement 15-round capacity magazines

• For vertical or horizontal carry

11. Nylon Flashlight Holder

• Gould and Goodrich item #X672-8 Or Equal

• Abrasion and moisture resistant, Hard shell molded

• Laminate construction, closed top, black or hidden snap

• Shall fit AE Light

12. Leatherman Holder

• Clip & Carry brand “Kydex Sheath for the Leatherman Wingman & Sidekick & Rebar & Rev” Or Equal

13. Leatherman Holder Belt Clip

• Clip & Carry brand “Tek-Lok Belt Clip fits 2.25-inch Belts” Or Equal

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due June 2, 2023 9 a.m.

Answers to Questions and Clarifications Due

(approximate) June 6, 2023 3 p.m.

ITB Protests Period Ends 7 calendar days prior to ITB Closing

N/A

Closing (Due Date and time to submit Bids) See cover page N/A Opening of Bids See cover page 9 a.m.

Oregon Buys Notice of Intent to Award (approximate)

7 days after Opening of Bids

N/A

Notice of Intent to Award Protest Ends 7 days from Notice of Intent to Award

N/A

Price Agreement Execution (approximate) 7 days after Award Protest ends

N/A

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Price Agreement attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

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

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

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

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

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

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

2.2 PROCUREMENT METHOD

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

2.3 RESERVED

2.4 OREGON BUYS

This ITB, including all Addenda, attachments and exhibits is posted on Oregon Buys at http://www.OregonBuys.gov. ITB documents will not be mailed. Parties without access to Oregon Buys should register at the web address listed.

2.4.1 OREGON BUYS ASSISTANCE

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

2.4.2 OREGON BUYS REGISTRATION INFORMATION

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

Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing to the SPC identified on the cover page of this ITB (in person or email are acceptable).

• Reference the ITB #S-25700-00004676 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

Agency will respond to questions and requests for clarifications through Oregon Buys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to Oregon Buys.

http://www.oregonbuys.gov/ mailto:support.OregonBuys@das.oregon.gov

Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Price Agreement, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB #S-25700-00004676;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

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

• Any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency.

Protests will be received by the following methods:

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

• Hard copy delivered to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on Oregon Buys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in Oregon Buys, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring Oregon Buys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

2.8 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 90 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 SUBMITTING BIDS

Bids may be submitted on Oregon Buys, or by mail or in-person delivery to the SPC and address listed on the Cover Page. Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery. Bids submitted by Email will be rejected.

Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid must be submitted on or before Closing date and time (See Cover Page). Envelopes, packages or boxes must be marked in accordance with Section 3.2.4.

3.2.4 ENVELOPE, PACKAGE OR BOX LABEL

For Bids submitted by mail or in-person delivery, the Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

3.2.5 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

A Bidder wishing to make modifications to a Bid already received by Agency must:

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

3.2.6.

• All modifications made to a Bid must be made in ink and must be properly initialed by

Bidder’s authorized representative.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

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

3.2.6 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.7 LATE BIDS

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

3.2.8 OPENING OF BIDS

Bids will be opened publicly, and the names of all Bidders will be read by Agency at the location identified on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.

Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS - NON OREGON BUYS SUBMISSIONS

Bidders NOT submitting bids in Oregon Buys must submit the following forms.

• Attachment B – Bid Cover Sheet

• Attachment C – Bid Submittal Form

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Price Agreement resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. Items 1-11 listed in Section

1.2 must be bid to be considered responsive. A bid on items 12-13 may be omitted at Bidder’s discretion, however preference will be given to Bidders who bid all items 1-13. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

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

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

4.3 BID EVALUATION

Agency shall award a Price Agreement to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. The Low Bid shall be determined by the lowest combined total price of one of each item listed in Section 1.2.

Bidders who choose not to bid items 12-13 shall be eligible for award ONLY if no other bidder bids all items 1-11.

4.4 REFERENCES

Agency may check to determine Bidder’s ability to comply with the requirements of this ITB.

Agency may use references to obtain additional information, break ties, or verify any information needed.

4.5 SAMPLE ITEMS

Agency may elect to review sample of any or all items specified in section 1.2. If Agency requests sample(s), Agency will notify Bidders to submit no more than one of each item to the SPC address at Bidder’s expense.

4.6 PREFERENCES

4.6.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed entirely in Oregon before calculating the price score.

4.6.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.6.3 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, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.6.4 PUBLIC PRINTING

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

4.6.5 TIEBREAKERS

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

4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

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

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

https://www.naspo.org/reciprocity1 http://www.oregonbuys.gov/

• All lower Bids are non-Responsive.

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

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

• Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter

279A or ORS Chapter 279B.

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

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email or hard copy

• Reference the ITB number

• Identify Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 RESPONSE TO PROTEST

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Price Agreement under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

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

SECTION 6: PRICE AGREEMENT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Price Agreement attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Price Agreement until the Price Agreement has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Price Agreement, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 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)