ITB S-63500-00000315 Salmon River Hatchery Intake Screen Purchase~1.pdf

ITB S-63500-00000315 Salmon River Hatchery Intake Screen Purchase

STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

SALMON RIVER HATCHERY INTAKE SCREEN PURCHASE

Invitation to Bid (ITB)

ITB S-63500-00000315

Date of Issue: July 23, 2021

Closing: August 10, 2021 Time 2:00 PM (Pacific)

Electronic Bid Submission - OregonBuys

Single Point of Contact (SPC): Julie L. Cone

Address: 4034 Fairview Industrial Drive SE City, State, Zip: Salem, Oregon 97302 Phone (voice): (503) 947-6125 Phone (fax): (503) 947-6156 E-mail: julie.l.cone@odfw.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 (“SPC”)

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE AND PREQUALIFICATION APPLICATIONS

2.4 OREGONBUYS

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

4.4 RESERVED

4.5 REFERENCES

4.6 RESERVED

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION AND CERTIFICATION

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION/OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G - PLANS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Invitation to Bid (“ITB”) to establish a Contract for Goods.

Salmon River Hatchery is located at 575 N. North Bank Road, Otis, Oregon 97368 and needs to replace all of the intake screens at its water diversion structure. ODFW will be purchasing four (4) intake screens meeting the specifications in this ITB. The required delivery of the screens to the hatchery site is September 1, 2021.

1.2 SPECIFICATIONS

The intake screens must meet the specifications in this section and plans in Attachment G – Plans.

Bidder shall deliver the screens Free on Board (“FOB”) Destination, meaning that the Bidder bears the risk of loss until acceptance at the hatchery site by Agency. Successful Bidder shall meet the highest standards prevalent in the industry or business most closely involved in providing the intake screens. The following are the specifications for the intake screens:

Frame:

• Stainless Steel, Grade 304 framing components.

• Constructed to fit within the clear widths shown in the attached plans.

• Constructed to provide the height indicated in the attached plans.

• Member size and material grade to be determined by manufacturer to provide needed structural strength for the intake screen to resist hydraulic forces at the project.

• Adequate lifting points to be provided to allow for easy installation and removal of the screen.

Belt Material:

• Stainless Steel belting.

• Clear gap distance of belting to be no greater than 3/32”.

• Stainless steel angles on the face to create horizontal cleaning flutes to lift debris. Space flutes no greater than 4’-0” apart.

• Seals on the side and bottom of the belt material to limit gaps between the sides of the frame and the belting material to less than or equal to 3/32”.

• Side and bottom seals to seal against the floor and sidewalls of the existing structure. The seals shall be made of a flexible and durable material to allow for sealing against an uneven surface.

• Any gaps in drive chains shall have an appropriate cover while underwater on the river side of the screen to limit any gaps to 3/32” or smaller.

Bearings, Guides, Fasteners, and Drive Motor:

• Bearings: to be rated for underwater use, sealed, and nonlubricated.

• Guides: to be UHMW and sufficient thickness to provide a durable wearing surface.

• Fasteners: All fasteners to be stainless steel. Grade to be determined by manufacturer for the loads on the fastener.

• Drive Motor: to be sized by manufacturer to allow for moving the belt material under debris loading. Motor to be located at a height above the top of the structure wall as shown in the attached plans.

Screen Wash System:

• Ability to spray the backside of the belting material to dislodge debris to collect it on a debris conveyor system.

• Pump and spray nozzles to be designed by manufacturer to provide adequate flow, pressure, and number of nozzles to provide adequate power and coverage to remove debris from the belt.

• Include all foot valves, intake screens, wash pump filter, and associated parts needed for the pump. Piping and wiring are not to be provided by the screen manufacturer. Wash pump filter shall be accessible by the access deck of the intake screen for ease of maintenance.

Screen Controls:

• Stainless steel control box that is IP66 rated.

• Screen controls that allow control of the screen cleaning cycle using two methods:

o Method 1: water level differential: This control shall cause the travelling belt screen to start rotating the belt material, turn on the spray wash system, and turn on the conveyor system if the water level difference from the water surface on the river side is greater than .1 feet higher than the water surface of the back side of the intake screen.

o Method 2: timer: This control shall force the travelling let screen to start rotating belt material, turn on the spray wash systems, and turn on the conveyor system to operate on a regular cycle.

The run time of the screen system shall be set in increments of minutes, with a maximum of 60 minutes.

The run time of the rest period between cleaning cycles shall be set in increments of 5 minutes, with a maximum of 360 minutes.

o Method 1 shall have precedence over the Method 2 in regard to which cleaning mode has priority for control, i.e. Method 1 can force the system to clean more frequent than set by Method 2, if the parameters of Method 1 are triggered.

• Two water level sensors and mounting hardware. Water level sensors to be Siemens SITRANS Probe LU, or Equal.

• Electrical Diagrams: Diagrams will be provided to outline how all controls are to be connected for the operation of the screen drive motors, screen wash pump, and conveyor belt motor.

Hydraulic Design Information:

• Total Water Flow: 30 cfs.

• Max Approach Velocity: .4 fps.

• Min water depth at face of screen: 5 feet.

• Top of Slab Elevation: 5.00.

• Top of Wall Elevation: 23.00.

• Screen Slope: 15 degrees from vertical, titled to allow gravity to help hold debris onto the fabric.

• Max Water Surface Elevation: Approximately 26.00 feet. Note: the entire screen is at risk of being submerged. The drive motor shall be elevated to keep it above the flood waters, bottom of motor mounting frame shall be at elevation 27.00 feet.

Warranty:

• Bidder shall provide a one (1) year full warranty on Goods from the date of delivery.

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency may modify these dates at any time, through addenda. All times are Pacific Time (“PT”).

EVENT DATE TIME

ITB Issue July 23, 2021 12:00 PM Questions and Clarifications Due August 3, 2021 2:00 PM

ITB Protests Period Ends 7 calendar days prior to ITB Closing

2:00 PM

Closing (Due Date and time to submit Bids) August 10, 2021 2:00 PM Opening of Bids August 10, 2021 2:00 PM

Notice of Intent to Award (approximate) August 11, 2021 5:00 PM Notice of Intent to Award Protest Ends 7 days from Notice of

Intent to Award

5:00 PM

Due to COVID, ODFW offices are not open to the public at this time. Bidders may contact SPC via telephone or email as listed on the cover page of this ITB. SPC should generally be available Monday through Friday from 8:00 am to 5:00 pm. Appointments may be made with the SPC to view the ITB at the address listed on the cover page.

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in ORS 279A.010, OAR 137-046-0110, and those in section 1.4.1 below. These definitions do not apply to the Sample Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

“SPC” means the Single Point of Contact listed on the cover page of this ITB.

“Schedule of Events” means the specific time and dates in section 1.3 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 (“SPC”)

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 issuing this ITB pursuant to its authority under ORS 279A.050(6)(m) and ORS 496.146(11).

2.2 PROCUREMENT 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 AND PREQUALIFICATION APPLICATIONS

There will be no pre-bid conference for this ITB. There will be no prequalification applications for this ITB.

2.4 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. ITB documents will not be mailed. Appointments may be made with the SPC to view the ITB at the address listed on the cover page.

2.4.1 RESERVE

2.4.2 OREGONBUYS ASSISTANCE

Parties without access to OregonBuys may contact the SPC for assistance. Parties needing assistance with OregonBuys may also contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

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 to the SPC identified on the cover page of this ITB (mail or email are acceptable).

• 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.

Questions by telephone are not accepted.

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.

https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications, requirements of the ITB, and the terms and conditions of the Sample Contract 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 as outlined in Addendum. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor’s 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.

Protests will be received by the following methods:

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

• Hard copy mailed 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 OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys. 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.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers, meaning they cannot be modified or withdrawn, for a period of 90 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

All Bids 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

Bidder shall submit its Bid electronically via OregonBuys.

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

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

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

3.2.4 RESERVED

3.2.5 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time. Bids may not be modified after Closing.

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, 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 by email or mail to the SPC. 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 publicly opened 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

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification/Outreach Plan

• Attachment F – Responsibility Inquiry

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

Bidder must provide three references from similar projects performed for any clients within the last five years. Information provided must include (Attachment C):

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

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

3.3.5 RESERVED

3.3.6 RESERVED

3.3.7 BID REQUIREMENTS

Bidder must provide all information required in Attachment D of this ITB.

3.3.8 RESERVED

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

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

4.3 COST COMPARISON

Agency shall Award the Contract to the lowest Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this Section.

4.4 RESERVED

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

Each Bidder must identify whether the Bidder is a “resident Bidder,” as defined in ORS 279A.120(1).

For bid calculation purposes per OAR 137-046-0310, 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.

4.7.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, 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.

4.7.3 PUBLIC PRINTING

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

4.7.4 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to Award a Contract, Agency shall 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.

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 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 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:

https://www.naspo.org/reciprocity1

• 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 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 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 Successful Bidder provide this prior to execution of the Contract.

As required by ORS 279B.235, a Successful Bidder shall comply with ORS 652.220 and shall not discriminate against any of Successful Bidder’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.

Successful Bidder must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Successful Bidder’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. Successful Bidder’s compliance with this will constitutes a material element of an awarded Contract and a failure to comply will constitute a breach that entitles Agency to terminate the Contract for cause.

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

Successful Bidder may not prohibit any of Successful Bidder ’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Successful Bidder 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.

Successful Bidder Successful Bidder may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

5.4 NONDISCRIMINATION AND CERTIFICATION

As a condition of receiving the Award of a Contract under this ITB, Successful 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 Section 6 of Attachment A.

5.5.2 OREGON TAX LAW CERTIFICATION

Contractor is, to the best of the undersigned’s knowledge (after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with: all Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150, ORS 403.200 to 403.250, ORS Chapters 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 320 (Amusement Device and Transient Lodging Taxes), 321 (Timber and Forestland Tax), 323 (Cigarettes and Tobacco Products Tax), and any local taxes administered by the Department of Revenue under ORS 305.620.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the Successful Bidder 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.

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 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 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following Award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“Bidder believes this data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and that it should not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

Agency makes no guarantees that it will agree with Bidder’s designation of martial as exempt from disclosure under the Oregon Public Records Law.

7.6 RECYCLED PRODUCTS

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

ATTACHMENT A

Sample Contract

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF GOODS

(“Contract”)

Overview

This Contract consists of the following documents, which are listed in descending order of precedence:

• This Contract less all exhibits;

• Exhibit A (Statement of Work);

• Exhibit B (ITB and any addendum); and

• Exhibit C (Bidder’s Response)

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

1. SERVICES.

This Contract is between the State of Oregon (“State”), acting by and through Department of Fish and Wildlife ("Agency" or "ODFW"), and [Insert Contractor’s name here; if Contractor is a corporation, add the state of incorporation, e.g.: ACME Widget Company, a Delaware corporation] ("Contractor"), each a Party and, together, the Parties.

This Contract is effective on the date is has been signed by all Parties and all required State of Oregon approvals have been obtained. This Contract expires on the later of [insert date], the date all warranties have expired or the date Contractor has completed delivery of all Goods in accordance with the requirements of this Contract, as determined by Agency.

Contractor agrees to sell and deliver, and Agency agrees to purchase, Goods, specifically four (4) water diversion intake screens for the Salmon River Fish Hatchery, for the benefit of Agency subject to the following terms and conditions:

2. DEFINITIONS.

A. “Goods” means the four water diversion intake screens for the Salmon River Fish Hatchery that meet the Specifications and in plans in Attachment G.

B. “IRS” means the Internal Revenue Service.

C. "Services" means the services, if any, that are incidental to the purchase of Goods and that Contractor is required to perform under section 3.

D. "Specifications" means the specific attributes of Goods described in section 4.

3. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE.

Contractor shall deliver to Agency the following Goods for the prices specified in this section 3.

A. GOODS. The manufacture and delivery of four (4) Water Diversion Intake Screens for Salmon River Fish Hatchery.

DELIVERY. Delivery of Goods is Free on Board (“FOB”) Destination, meaning that Contractor bears the risk of loss until acceptance at the Salmon River Hatchery by Agency.

Delivery date is no later than XXXX, XXXX.

Contractor shall retain the risk of loss of Goods until Agency accepts Goods in accordance with section 5.D.

Agency shall pay Contractor:

The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $_______________. Agency will not pay or reimburse any expenses incurred by Contractor during provision of the Goods. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract and will not pay for Goods provided before the Effective Date or after the expiration or termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor provides subject to the amendment.

Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, shall be made only for completed and accepted Goods.

4. SPECIFICATIONS.

Contractor shall deliver all Goods specified in section 2 in accordance with this section 4. Contractor’s failure to deliver Goods in accordance with the provisions of this Contract is a material breach of this Contract.

A. GENERAL PROVISIONS.

i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to comply with applicable regulatory standards or the Specifications, Contractor shall immediately notify Agency of the recall or non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as applicable, and all other supporting documentation for the recall or non-compliance determination. Agency may elect to (a) reject Goods in whole or in part, or (b) revoke its acceptance of Goods in whole or in part. If Agency rejects Goods or revokes its acceptance of Goods, Contractor shall remove the particular Goods from Agency’s possession as provided in section 4.D.iv at no cost to Agency and shall reimburse Agency for all payments made for those Goods.

ii. STANDARD COMPONENTS. Unless specified otherwise in this section 4, Specifications, Contractor shall provide Goods with all components and accessories that the manufacturer lists as “standard” for Goods.

iii. NECESSARY COMPONENTS. Unless specified otherwise in this section 4, Specifications, Contractor shall include all components, hardware and parts necessary for complete and proper assembly, installation and operation of Goods.

iv. NEW AND UNUSED GOODS. Unless specified otherwise in this section 4, Specifications, Contractor shall deliver Goods that are new, unused, and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer’s current parts catalogue for Goods.

B. DETAILED SPECIFICATIONS.

The intake screens must meet the specifications in this section and plans in Attachment G – Plans. The following are the specifications for the intake screens:

Frame:

• Stainless Steel, Grade 304 framing components.

• Constructed to fit within the clear widths shown in the attached plans.

• Constructed to provide the height indicated in the attached plans.

• Member size and material grade to be determined by manufacturer to provide needed structural strength for the intake screen to resist hydraulic forces at the project.

• Adequate lifting points to be provided to allow for easy installation and removal of the screen.

Belt Material:

• Stainless Steel belting.

• Clear gap distance of belting to be no greater than 3/32”.

• Stainless steel angles on the face to create horizontal cleaning flutes to lift debris. Space flutes no greater than 4’-0” apart.

• Seals on the side and bottom of the belt material to limit gaps between the sides of the frame and the belting material to less than or equal to 3/32”.

• Side and bottom seals to seal against the floor and sidewalls of the existing structure. The seals shall be made of a flexible and durable material to allow for sealing against an uneven surface.

• Any gaps in drive chains shall have an appropriate cover while underwater on the river side of the screen to limit any gaps to 3/32” or smaller.

Bearings, Guides, Fasteners, and Drive Motor:

• Bearings: to be rated for underwater use, sealed, and nonlubricated.

• Guides: to be UHMW and sufficient thickness to provide a durable wearing surface.

• Fasteners: All fasteners to be stainless steel. Grade to be determined by manufacturer for the loads on the fastener.

• Drive Motor: to be sized by manufacturer to allow for moving the belt material under debris loading. Motor to be located at a height above the top of the structure wall as shown in the attached plans.

Screen Wash System:

• Ability to spray the backside of the belting material to dislodge debris to collect it on a debris conveyor system.

• Pump and spray nozzles to be designed by manufacturer to provide adequate flow, pressure, and number of nozzles to provide adequate power and coverage to remove debris from the belt.

• Include all foot valves, intake screens, wash pump filter, and associated parts needed for the pump. Piping and wiring are not to be provided by the screen manufacturer. Wash pump filter shall be accessible by the access deck of the intake screen for ease of maintenance.

Screen Controls:

• Stainless steel control box that is IP66 rated.

• Screen controls that allow control of the screen cleaning cycle using two methods:

o Method 1: water level differential: This control shall cause the travelling belt screen to start rotating the belt material, turn on the spray wash system, and turn on the conveyor system if the water level difference from the water surface on the river side is greater than .1 feet higher than the water surface of the back side of the intake screen.

o Method 2: timer: This control shall force the travelling let screen to start rotating belt material, turn on the spray wash systems, and turn on the conveyor system to operate on a regular cycle.

The run time of the screen system shall be set in increments of minutes, with a maximum of 60 minutes.

The run time of the rest period between cleaning cycles shall be set in increments of 5 minutes, with a maximum of 360 minutes.

o Method 1 shall have precedence over the Method 2 in regard to which cleaning mode has priority for control, i.e. Method 1 can force the system to clean more frequent than set by Method 2, if the parameters of Method 1 are triggered.

• Two water level sensors and mounting hardware. Water level sensors to be Siemens SITRANS Probe LU, or Equal.

• Electrical Diagrams: Diagrams will be provided to outline how all controls are to be connected for the operation of the screen drive motors, screen wash pump, and conveyor belt motor.

Hydraulic Design Information:

• Total Water Flow: 30 cfs.

• Max Approach Velocity: .4 fps.

• Min water depth at face of screen: 5 feet.

• Top of Slab Elevation: 5.00.

• Top of Wall Elevation: 23.00.

• Screen Slope: 15 degrees from vertical, titled to allow gravity to help hold debris onto the fabric.

• Max Water Surface Elevation: Approximately 26.00 feet. Note: the entire screen is at risk of being submerged. The drive motor shall be elevated to keep it above the flood waters, bottom of motor mounting frame shall be at elevation 27.00 feet.

Warranty:

• Bidder shall provide a one (1) year full warranty on Goods from the date of delivery.

5. TERMS AND CONDITIONS.

A. PAYMENT.

i. Agency’s Payment. Agency shall pay Contractor for Goods delivered at the prices specified in section 3. Contractor shall look solely to Agency for payment of all amounts Agency owes to Contractor. Contractor shall not be compensated by any agency or department of State other than Agency for Goods.

ii. If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then Contractor shall, upon execution of this Contract, deliver to Agency a completed and signed W-8 form, 8233 form, or W-9 form, as applicable, from the IRS, as evidence that Agency is not required by 26 USC 1441 to withhold part of Contractor's payment. Such forms are currently available at http://www.irs.gov.

Agency may withhold payments to Contractor pending Agency's receipt from Contractor of the applicable, completed and signed form. If Agency does not receive the applicable, completed and signed form from Contractor, or if the IRS provides notice to Agency that Contractor's information on the form provided is incorrect, Agency will withhold as federal income tax 30% of all amounts Agency owes to Contractor under this Contract.

iii. Funds Available and Authorized; Payments. Contractor understands and agrees that Agency’s payment of amounts under this Contract is contingent on Agency receiving funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to make payments under this Contract.

B. INVOICES.

i. Contractor shall send invoices to Agency after Agency’s acceptance in accordance with section 5.D of Goods and after receipt and approval of an invoice as specified in ii below.

ii. Contractor shall send invoices to the Agency mailing address specified in section 9 or to any other address that Agency may indicate in writing to Contractor. Contractor shall include in the invoice:

a. The Contract number;

b. The quantity of Goods ordered, the quantity of Goods delivered, the date Goods were delivered, the price per unit;

c. The total amount due, and the payment address.

iii. Contractor may assess overdue account charges to Agency on unpaid invoices only in accordance with ORS 293.462.

C. MOST FAVORABLE PRICES AND TERMS.

Contractor represents and warrants that all prices, terms, and benefits offered by Contractor under this Contract are equal to or better than the equivalent prices, terms and benefits being offered by Contractor to any other state or local governmental entity or commercial customer.

i. If during the term of this Contract Contractor enters any contract, agreement, or arrangement that provides lower prices, more favorable terms or greater benefits to any other state or local governmental entity or commercial customer, Contractor shall provide the same price or prices, http://www.irs.gov/ terms and benefits to Agency. The prices, terms, and benefits shall be effective as of the date Contractor made the more favorable terms or greater benefits available to any other state or local governmental entity or commercial customer. This provision applies to comparable goods and services and to purchase volumes by Agency that are not less than the purchase volumes of the state or local governmental entity or commercial customer that has received the lower prices, greater benefits or more favorable terms.

ii. Section 5.C.i does not apply to Contractor’s donations of comparable goods and services to charitable, nonprofit or governmental entities if the donations are recognized as donations and are deductible under the federal Internal Revenue Code. These donations are not considered contracts, agreements or arrangements with other state or local governmental entities or commercial customers for purposes of section 5.C.i.

D. ACCEPTANCE, REJECTION, AND REVOCATION OF ACCEPTANCE:

i. ACCEPTANCE. Agency shall test if Agency, in its sole discretion deems testing necessary, inspect and either accept or reject Goods delivered within fourteen (14) calendar days from the date Contractor delivers Goods to Agency. If Agency does not provide written notice of acceptance or rejection of Goods to Contractor within fourteen (14) calendar days following the date of delivery of Goods, Agency is deemed to have accepted Goods.

ii. REJECTION. If Agency rejects Goods, then Agency’s written notice of rejection shall, at a minimum, itemize the apparent defects and include:

a. a description of nonconformance between Goods delivered and the required Specifications and warranties (including any variance from demonstrations or sample characteristics of Goods if Contractor provided demonstrations or samples);

b. a description of any other nonconformance of Goods (including late delivery); and

c. a statement indicating whether Contractor may cure the nonconformance and if so, the method by which and time period within which Contractor may cure.

iii. REVOCATION OF ACCEPTANCE. Notwithstanding Agency’s acceptance of Goods under section 5.D.i Agency may revoke its acceptance of Goods for nonconformance with the Specifications. If Agency revokes acceptance of Goods, Agency shall deliver a written notice of revocation of acceptance to Contractor that includes the same information required for a written notice of rejection under section 5.D.ii.

iv. EFFECT OF REJECTION OR REVOCATION OF ACCEPTANCE. If Agency rejects Goods or revokes its acceptance of Goods, Contractor shall refund all payments Agency has made to Contractor for those Goods and shall, at no cost to Agency, remove Goods from Agency’s possession within nine (9) calendar days following the later of the date of Agency’s notice of rejection, the date of Agency’s notice of revocation of acceptance, or the date of Contractor’s failure to cure if cure is permitted. Nothing contained in this section 5.D precludes Agency from pursuing any remedies to which either may be entitled upon rejection or revocation of acceptance of Goods or otherwise under this Contract.

E. OTHER REPRESENTATIONS AND WARRANTIES.

All express and implied warranties that are applicable to goods under ORS Chapter 72 apply to Goods delivered under this Contract. Contractor represents and further warrants that:

i. Contractor has the authority to enter into and perform in accordance with this Contract, and that this Contract, when executed and delivered, is a valid and binding obligation of Contractor that is enforceable in accordance with its terms;

ii. All Goods delivered to Agency are new, unused, current production models and are free from defects in materials, design and manufacture for "the duration of the warranty period specified in section 4.B." (“Warranty Period”). Contractor further represents and warrants that all Goods meet all Specifications;

iii. All Goods shall comply with all applicable federal health and safety standards;

The warranties specified in this section 5.E are in addition to, and not in lieu of, any other warranties provided in this Contract. All warranties are cumulative and shall be interpreted broadly to give Agency the greatest warranty protection available.

F. MANUFACTURER WARRANTIES.

At no charge to Agency, Contractor shall transfer or cause the transfer of all manufacturers’ warranties for Goods and component parts, if any, to the Agency for Agency’s benefit when Contractor delivers Goods to Agency. If a conflict or inconsistency exists between a manufacturer’s warranty and Contractor’s warranty, the warranty that provides the greatest benefit and protection to Agency shall prevail.

G. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS.

i. Contractor shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Contract or to Contractor’s obligations under this Contract, as they may be adopted or amended from time to time.

ii. Agency’s performance under this Contract is conditioned upon Contractor's compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Contract), 279B.230 and 279B.235 (if applicable to this Contract), which are incorporated into this Contract by reference. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled plastic resin products and recycled products (as “recycled product” is defined in ORS 279A.010(1)(ii)).

H. RESERVED.

I. SAFETY DATA SHEET.

At the time Contractor delivers Goods to Agency, Contractor shall provide to Agency a “Safety Data Sheet” as defined by Oregon Occupational Safety and Health for any Goods delivered which may release or otherwise cause exposure to a hazardous chemical substance under normal conditions of use. Contractor shall properly label, tag or mark those Goods.

J. TIME IS OF THE ESSENCE.

Contractor agrees that time is of the essence in the performance of this Contract.

K. FORCE MAJEURE.

Neither Agency nor Contractor shall be responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, or any other cause which is unanticipated and beyond the delaying or breaching entity's reasonable control. Contractor shall make all reasonable efforts to eliminate the cause of Contractor’s delay or breach and shall, upon elimination of the cause, continue performing under this Contract. Agency may terminate this Contract upon written notice to Contractor after reasonably determining that this delay or breach could likely prevent successful performance of this Contract.

L. INSURANCE.

Contractor shall obtain the insurance required under section 6 prior to performing under this Contract and shall maintain the required insurance throughout this duration of this Contract and all Warranty Periods.

M. INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING.

i. Contractor shall provide all Goods as an independent contractor.