ITB S-62900-00004548 - PCT Astoria District Post DOJ review.docx

STATE OF OREGON

COVER PAGE

Oregon Department of Forestry

PRE-COMMERCIAL THINNNIG

Invitation to Bid (ITB) S-62900-00004548 Closing: November 3rd, 2022 at 2:00 p.m.

PRE-BID CONFERENCE: A voluntary pre-bid conference, which will include an inspection tour, is scheduled on October 24th at 9:00 am.

The conference will be held at the Oregon Department of Forestry Astoria District Office at 92219 Hwy 202, Astoria, OR 97103 phone #503-338-1381.

BIDDERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE-BID CONFERENCE BUT IT IS RECOMMENDED THAT BIDDERS OR THEIR REPRESENTATIVE ATTEND.

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.

ITB: -# S-62900-00004548 – Pre-Commercial Thinning, Astoria District, Oregon

DAS Procurement Services, Version 1.0 – February 20, 2019. Page 12 of 12

TABLE OF CONTENTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B – REQUIRED INSURANCE

EXHIBIT C – COMPENSATION

EXHIBIT D - INDEPENDENT CONTRACTOR CERTIFICATION

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – COST BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

GENERAL INFORMATION

SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Forestry (“Agency” or “ODF”), is issuing this Invitation to Bid (“ITB”) to establish a Contract for Pre-Commercial Thinning Services (the “Services” or “Work”) in the Clatsop State Forest within the ODF Astoria District located in Northwest Oregon.

All schedules and projections listed in exhibits and attachments are general estimates of forecasted Service requirements. Agency may, in its sole discretion, omit, increase, or decrease, Services depending available funding. The quantities listed in this ITB are based on the most current projections.

Agency anticipates the Award of one Contract from this ITB. The Contract will be for the immediate Pre-Commercial Thinning Services but will remain in effect so that additional Services can be amended into the Contract if a future need arises. The initial term of the Contract is anticipated to be a one (1) year term with options to renew annually up to three (3) additional one-year terms; combined terms shall not exceed four (4) years total.

SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

If awarded a Contract, Contractor shall provide pre-commercial thinning Services, which involves selecting leave trees and felling surplus trees. Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing pre-commercial thinning Services.

Awarded Contractor shall furnish all labor, supervision, equipment, supplies and transportation necessary to perform and complete the Work in accordance with the requirements described in the Statement of Work, Exhibit A of Attachment A.

The awarded Contractor must have the ability to pre-commercially thin all units listed and as stated within the Statement of Work within Exhibit A of Attachment A.

SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

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.

The ITB may be viewed at ODF’s office at 2600 State Street, Bldg. C, Salem, OR 97310 by making an appointment with the SPC.

DEFINITION OF TERMS

For the purposes of this ITB, capitalized words specifically defined in this ITB have the meaning given below. Capitalized words not defined in this ITB, have the meanings provided in OAR 137-047-0110. Pre-Commercial Thinning definitions can be found in Exhibit A, Attachment A.

“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.

“Agency Contract Administrator” means person(s) who represents the Agency with respect to Contract compliance and administration of Pre-Commercial Thinning Services.

“Contractor’s Contract Administrator” means person(s) who represents the Contractor with respect to Contract compliance and administration of Pre-Commercial Thinning Services.

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.

AUTHORITY, OVERVIEW AND SCOPE

2.1 PROCURMENT AUTHORITY

Agency is issuing this ITB pursuant to its authority ORS 530.050.

2.2 PROCURMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047-0255 and may use any available optional procedures.

2.3 PRE-BID CONFERENCE

A voluntary pre-Bid conference will be held for this ITB. Statements made by the Agency’s representatives at the conference are not binding upon the Agency unless confirmed by Written Addendum.

92219 Highway 202 Astoria, Oregon 97103

2.4 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on the OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. ITB documents will not be mailed.

2.4.1 Alternative Accessibility to Addenda, Attachments, and Exhibits If an exhibit, attachment, or Addendum is used, but cannot be viewed or downloaded through OregonBuys, please contact the SPC.

2.4.2 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. Support hours are 7 a.m. - 6 p.m. PT, Monday through Friday, closed State holidays.

2.4.3 OREGONBUYS Registration Information

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

Be submitted in writing via email and be delivered to the SPC.

Reference the ITB number.

· 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.

Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys. 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 Contract must be submitted in writing via email to the SPC.

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 number.

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.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency will post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys or at ODF’s office at 2600 State Street, Bldg. C Salem, OR 97310 by making an appointment with the SPC. Bidder is responsible for monitoring OregonBuys 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.

INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers, meaning they cannot be modified or withdrawn, for a period of 180 calendar days from Closing.

Bidder shall submit its Bid electronic via email. The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses shall be presented in the same order and identify the item being addressed.

3.2.1 Submitting Bids

Bidder is solely responsible for ensuring its Bid is received by the SPC in accordance with the ITB requirements, by Closing. Agency will not be responsible for any delays in delivery.

Bids must be emailed to the SPC identified on the cover page of this ITB. ALL BIDS MUST BE SUBMITTED BY EMAIL AS ONE PDF ATTACHMENT. The BID must include ITB number in the subject line of the email. If Bidder is unable to submit a Bid via email, Bidder must contact ODF’s SPC within a reasonable time period, as determined by the Department, prior to the submission deadline to make arrangements for an alternate delivery or alternate format. ODF is not responsible for incomplete Bids or Bids that were not correctly addressed to email of SPC identified on the cover page. Only alternative delivery or formats approved in advance of Closing by the SPC will be accepted.

Bids must be received by the SPC before the scheduled ITB Closing date and time, located on the cover page. Late Bids will not be considered.

All costs associated with preparation, submission, modification, and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by Agency. The Agency will not accept Bids that require payment by the State.

3.2.3 Quantity of Bids to be Submitted

One Bid with authorized signature, and all required documents must be submitted on or before Closing date and time.

3.2.4 Bid Modification

A Bid submitted in response to this ITB may be modified, in writing, by the Bidder prior to Closing. 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 3.2.5.

· Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission.

· Each Bid modification must be signed by Bidder’s authorized representative and state that the modification(s) amends and supersedes the identified portions of the prior Bid.

· Include the ITB number.

Bid modifications shall be submitted electronically (via email) as a PDF document. Bid modifications submitted must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2. If Bidder is unable to submit a Bid Modification via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic modifications will not be accepted.

3.2.5 Bid Withdrawal

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time. Bid withdrawals must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2. If Bidder is unable to submit a Bid withdrawal via email, Bidder must contact ODF’s SPC to make arrangements for an alternate format prior to the submission deadline. Oral or telephonic withdrawals will not be accepted.

3.2.6 Late Bids

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

3.2.7 Opening of Bids

A public Bid Opening will be held “by appointment only” at ODF 2600 State Street Building C, Salem OR 97310. Bidders who wish to attend a public Bid Opening must notify the SPC at least 48 hours prior to Bid Closing, to allow time for planning. Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time identified on the cover page of this ITB or as changed by Addendum. However, the date and time of the public Opening may be held at a later date and time.

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 and other information

Bidder must submit the following forms and information:

· Attachment B – Bid Cover Sheet

· Attachment C – Reference Check Form

· Attachment D – Bid Submittal Form

· Attachment E – COBID Certification / Outreach Plan (if contractor employs any subcontractors at the authorization of ODF)

3.3.3 Authorized Signature

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

3.3.4 References – Firm and Key Person (s) Comment by Marriott Anika E: I hope I interpreted your intention correctly that the foreman is your "key person" under the Contract; therefore, since I did not see any other attachment where you asked these questions such that you could make this a Pass / Fail determination, I edited your reference check form accordingly. Please feel free to call to discuss if you would like to handle this differently or I made an incorrect assumption.

Bidder must identify a foreman (Key Person) per Attachment C – Reference Check Form who must:

· Have a minimum of three (3) years of experience, with at least one (1) year of pre-commercial thinning experience and one (1) year of supervising forestry work.

· Be fluent in English and any language that the crewmembers use to communicate.

· Be responsible for the day-to-day oversight of all crewmembers, and be accountable for ensuring timelines, quality standards, and daily reporting requirements are met.

In addition, Bidder must provide a list of three (3) different firms who can be contacted regarding the quality of services the Bidder provided within the last five (5) years, and three (3) different firms who can be contacted regarding the quality of service the Key Person provided within the last five (5) years per Attachment C – Reference Check Form. Information provided shall include:

· Reference name, telephone number and email.

· Description of services or products provided.

· Service or product delivery starting and ending dates.

· Reference representative name, telephone number, and email address.

3.3.5 Material or Technical Requirements

Bidder must:

· Have and be able to demonstrate proof of a valid Oregon Farm/Forest Labor Contractor License with a forestation indorsement to be eligible to Bid and for award of a Contract. Bidder shall supply its license number with its Bid on Attachment B, Bid Cover Sheet. The awarded Contractor must maintain a valid license throughout the duration of the Contract.

3.3.6 7 Bid Requirements Bidder must provide all information required in Attachment D of this ITB.

BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid shall be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract.

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

4.3 COST COMPARISON

Agency will award the Contract to the lowest Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB.

The total Bid price for determining award will be done by a cost comparison of calculating multiple items. See Attachment D, Bid Submittal Form for methodology that will be used to calculate cost in order to determine a grand total of all items for the total Bid price.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.4.1 Experience

4.4.1.1 Bidder must have a minimum of three (3) years’ experience performing services. Bidder must have performed the services for at least three (3) different firms or agencies within the last five (5) years.

4.4.1.2 Key Person(s). ODF may consider the lack of a competent and capable foreman as grounds to reject a Bid or terminate the resulting Contract. Awarded Contractor must use an experienced, qualified foreman who has at least one (3-year) experience doing pre-commercial thinning and one (1) year of experience supervising forestry work. ODF reserves the right to determine supervisory competence. Foreman must be able to communicate fluently in English and in any language that crewmembers use to communicate. Be responsible for the day-to-day oversight of all crewmembers, and be accountable for ensuring timelines, quality standards, and daily reporting requirements are met.

4.4.2 Licenses

4.4.2.1 Bidder must have and provide proof of a valid Oregon Farm/Forest Labor Contractor License with a forestation indorsement.

4.4.3 Resources

4.5 REFERENCES

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

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

4.6 RESERVED

4.7 PREFERENCES

4.7.1 RECIPROCAL PREFERENCE

For Bid calculation purposes per OAR 137-046-0310, Agency will 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.

4.7.2 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability, and quality and chooses to award a Contract, Agency will award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

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

4.8.2 MULTIPLE ITEMS

The total Bid price for determining award will be calculated by adding multiple items. See Attachment D, Bid Submittal Form for how multiple items will be calculated to determine a grand total of all items for the total Bid price.

After a final selection is made, Agency will issue a notice of Intent to Award on OregonBuys. 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 Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All lower Bids are non-Responsive.

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

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

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

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

5.2.1 Protests must:

· Be delivered to the SPC via email.

· Reference the ITB number.

· Identify Bidder’s name and contact information.

· Be signed by an authorized representative.

· Specify the grounds for the protest.

· Be received within seven (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 will not be considered by Agency.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract. As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Contractor shall include with its bid a certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110(4).

5.4 NONDISCRIMINATION IN EMPLOYMENT

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

5.5 OTHER REQUIRED INFORMATION

5.5.1 Insurance

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

5.5.2 Register on OregonBuys

The awarded Contractor must register on OregonBuys: https://OregonBuys.gov. In order for contractor(s) to receive payment from ODF, they must register in OregonBuys.

For registration assistance, contact the following during support hours 7:00 a.m. – 6:00 p.m. PT, Monday through Friday, closed State holidays:

Email: support.oregonbuys@oregon.gov Phone: 1-855-800-5046

SECTION 6: CONTRACT 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 Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence Work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the 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 Contract, 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 Contract. (ORS 279B.055(2)(f), ORS 279B.225, and ORS279 B.270-279B.280) image1.jpeg