ITB S-63500-0000342 Alfalfa Hay Second Crop or Better.pdf

ITB S-63500-00000342 – Second Crop or Better Alfalfa Hay

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STATE OF OREGON

Oregon Department of Fish and Wildlife

SECOND CROP OR BETTER ALFALFA HAY

Invitation to Bid (ITB)

OREGONBUYS BID NUMBER: S-63500-00000342

Date of Issue: July 27, 2021

Closing: August 17, 2021 2:00 PM (Pacific)

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): 503-947-6069 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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/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 Oregonbuys

2.4 QUESTIONS AND CLARIFICATIONS

2.5 PROTEST OF ITB

2.6 ADDENDUM

2.7 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 PREFERENCES

4.4 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 IN EMPLOYMENT

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 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT (PURCHASE ORDER)

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – BID SUBMITTAL FORM

ATTACHMENT D – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT E – RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“ODFW” or “Agency”), is issuing this Invitation to Bid (ITB) to establish one or more Contracts for the purchase of current year, quality, weed free Alfalfa Hay. ODFW prefers Second Crop Alfalfa, but will be accepting alternate pricing for First and Third Crop Alfalfa. Hay is for feeding winter Elk in Baker and Union Counties and will be distributed from ten feeding sites in both counties.

ORS 496.146(9) authorizes the State Fish and Wildlife Commission (“Commission”) to establish and develop wildlife management and refuge areas. ORS 496.146(11) authorizes the Commission to enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects. Acting under the Commission’s direction and in accordance with OAR 635-300-0001 through 635-300-0015, ODFW develops and maintains the Elkhorn Wildlife Area Program.

The goals and objectives of the Elkhorn Wildlife Area Program are:

(1) To mitigate the loss of traditional big game winter range areas along the north, west and south portions of the Powder River Valley through habitat management and supplemental feeding program.

(2) To provide supplemental and subsistence feed for wintering elk and deer to alleviate damage to private lands.

(3) To provide habitat for big game animals and the other wildlife indigenous to the area.

(4) To provide hunting and other wildlife oriented recreation opportunities for the general public.

To meet the requirements of the Elkhorn Wildlife Area Program described above, the Agency needs to procure large amounts of feed.

This purchase is funded with 100% Federal funds. Contract(s) resulting from this ITB incorporate the terms and conditions set forth in the ITB, including without limitation the federal contract provisions for non-federal entity contracts under federal awards set forth in Attachment A.

Due to the large quantity of Alfalfa Hay being purchased, ODFW reserves the right to make multiple awards.

Alfalfa Hay shall be available for pick up or be delivered on or before August 30, 2021.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

Alfalfa hay shall be current year, quality, weed free (not certified), second crop or better cutting, in 3 x 4 bales, weighing up to 2000 pounds. If supply is not available, ODFW is accepting alternate pricing on first and third cutting alfalfa. Alfalfa must be in stacks at Bidder’s site.

ODFW is requesting bids on an expected total of 850 tons:

850 tons – current year, second crop or better, weed free (not certified), 3 x 4 bales

Bids will be accepted for alfalfa in fifty (50) ton lots. Single or multiple lots may be bid and purchased from a single successful Bidder.

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After the Bid Closing Date, Bidders will be contacted and hay being offered will be inspected by ODFW staff. Bid(s) will be awarded after hay is inspected. Alfalfa will be ranked based on the following criteria:

• No Rain after cutting

• Bale moisture content less than 16%, measured in the stack

• Weed free (not certified)

• Less than 5% grass

• Minimum 40/60 leaf to stem ratio; prefer 60/40 leaf to stem ratio

If additional alfalfa is needed and 3 x 4 bales are not available, 4 x 4 bales may be purchased.

ODFW may consider first and third cutting alfalfa if needed.

Bids received with pick up locations within thirty (30) miles of North Powder, Oregon will be picked up by ODFW, with Bidder loading alfalfa onto ODFW trailer. Bid price will include bale loading.

All bids received from locations further than thirty (30) miles from North Powder, Oregon shall include delivery FOB North Powder, Oregon. FOB Bids shall include any “Freight Added” charges in the per ton bid price. Deliveries shall be coordinated with staff at the Elkhorn Wildlife Area and be delivered to:

Oregon Department of Fish & Wildlife Elkhorn Wildlife Area 61846 North Powder Lane North Powder, Oregon 97867

These may be federally funded purchases. Attachment A – Sample Contract contains required terms and conditions related to the federal funding.

1.3 SCHEDULE OF EVENTS

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

Issue Date July 27 2021

ITB Questions/Clarifications Deadline 2:00 PM, August 10, 2021

ITB Protest Period Deadline 2:00 PM, August 10, 2021

Final Addenda Published 3:00 PM, August 12, 2021

Closing Date 2:00 PM, August 17, 2021

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Issuance of Notice of Intent to Award August 19, 2021

Notice of Intent to Award Protest Period End 7 days after Award

ODFW 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. ODFW offices are scheduled to open to the public again on September 1, 2021.

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 137-046-0110. These definitions do not apply to the Sample Contract Agreement attached as Attachment A.

“FOB” and “F.O.B.” stand for “Freight on Board.” When used in conjunction with “Origin,” “Destination,” or a location name (e.g., “North Powder, Oregon”), FOB or F.O.B. indicates the location at which liability and ownership of goods transfers from seller to buyer.

“OregonBuys” means the online electronic e-Procurement system administered by the State Procurement Office.

Terminology specific to OregonBuys may be found at:

“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) or organization(s) to which an 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

Pursuant to ORS 279A.050(6)(m) and ORS 496.146(11), ODFW has authority to conduct a Procurement for the purchase of livestock feed to meet the goals listed in Section 1.1 Summary Overview.

2.2 PROCUREMENT METHOD

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

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2.3 OREGONBUYS

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

Documents may be physically viewed at the address on the cover page by making an appointment with the SPC.

2.3.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND EXHIBITS

If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents.

2.3.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact theOregonBuys Helpdesk by telephone at 1-855-800-5046 or by email at support.oregonbuys@oregon.gov.

2.3.3 OREGONBUYS REGISTRATION INFORMATION

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

ODFW accepts no responsibility for missing or incorrect information.

2.4 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 by mail, in person, or email.

• 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.

ODFW will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, ODFW, 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.

2.5 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 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 2.7 for Addendum. ODFW will not consider protests received after these deadline(s).

Protests must include:

http://www.orpin.oregon.gov/ mailto:support.oregonbuys@oregon.gov

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• 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.

ODFW 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 ODFW.

Protests will be received by the following methods:

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

2.6 ADDENDUM

Unless otherwise stated in the ITB, ODFW shall post any Addendum on OregonBuys. Addenda are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.3.1. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. ODFW is not responsible for sending Addenda to any prospective Bidder.

2.7 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 2.5.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid in any one of the following formats: Hard copy to the address on the cover page, via email to the SPC at ODFW.Bids@odfw.oregon.gov , or electronically through OregonBuys.

Hard copy must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid. ODFW requests Bids be mailto:ODFW.Bids@odfw.oregon.gov

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

3.2.2 SUBMITTING BIDS

One Bid with original signature, and all required documents, must be submitted on or before date and time of Closing identified in Section 1.3 of this ITB. Sealed Envelopes, packages or boxes must be marked with:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

Bids must be delivered to the SPC using one of the following options:

Hard Copy and In Person:

Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive SE Salem, Oregon 97302

Email Submission: ODFW.Bids@odfw.oregon.gov

Electronic Submission: via OregonBuys (https://oregonbuys.gov/bso/)

ODFW offices are not open to the public at this time. Hard copies may be delivered to the warehouse door, located around the right side of the building at the concrete stairs. Bids delivered to the drop box at the front of the building may not be considered.

Bidder is solely responsible for ensuring its Bid is received at ODFW in accordance with the ITB requirements, by closing, at the address specified in this section and on the cover page of this ITB. ODFW shall not be responsible for any delays in delivery. Bids submitted by facsimile (fax) will be rejected.

ODFW offices are not open to the public at this time; however, ODFW 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 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 ODFW 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 mailto:ODFW.Bids@odfw.oregon.gov

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

3.2.4 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. Withdrawal notices may be submitted via email, mail, in person, and electronically through OregonBuys

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will be publicly opened and the names of all Bidders will be read by ODFW via TEAMS conference meeting. The following is the link to the TEAMS meeting:

Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 503-446-4951,,827043987# United States, Portland Phone Conference ID: 827 043 987#

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 non-Responsive.

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

3.3.1 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment B – Bid Cover Sheet

• Attachment C – Bid Submittal Form

• Attachment D – COBID Certification/Outreach Plan

• Attachment E – Responsibility Inquiry

3.3.2 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 ODFW, 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 ODFW, 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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTk4MjhjNzQtMmFjNS00YWNmLTk5YjctMjhhOWEyYTdkYzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22b84ebd5c-5518-4277-b016-f0c310c5e4f7%22%7d tel:+15034464951,,827043987#%20

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3.3.3 RESERVED

3.3.4 RESERVED

3.3.5 RESERVED

3.3.6 BID REQUIREMENTS

Bidder must provide all information required in Attachments B, C, D, E, and F of this ITB.

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. 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, ODFW may waive mistakes in accordance with OAR 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

ODFW 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 E) with Bid.

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

4.3 PREFERENCES

4.3.1 RECIPROCAL PREFERENCE

Pursuant to OAR 137-046-0300, ODFW shall give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal. For bid calculation purposes per OAR 137-046-0310, ODFW shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.3.2 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, ODFW will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.3.3 PUBLIC PRINTING

ODFW shall, for the purpose of evaluating Bids, apply the public printing preference set forth in

ORS 282.210.

https://www.naspo.org/reciprocity1

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4.3.4 TIEBREAKERS

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

4.4 METHOD OF AWARD

4.4.1 GENERAL AWARD

ODFW must award the Contract (which shall consist of Attachment A, Sample Contract Agreement) to the Responsible Bidder submitting the lowest Bid for Alfalfa hay that ranks highest for inspection criteria. ODFW may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

4.4.2 MULTIPLE AWARDS

ODFW reserves the right to award a Contract to multiple Bidders if the Successful Bidder does not have adequate inventory to fulfill the quantity and type of Alfalfa hay ODFW is requesting.

ODFW will inspect and rank hay based on quality as stated in Section 1.2. ODFW will award to the lowest priced Bidder with Alfalfa hay meeting the specifications. In the event two Bids come in at identical price, ODFW will award to the Bidder with Alfalfa hay that ranked higher in quality specification. See Section 4.3.4 for tiebreakers if price and quality are equal.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

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

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

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

279A or ORS Chapter 279B.

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

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5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email, facsimile 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

ODFW 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 ODFW.

5.3 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to ODFW 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 ODFW 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.

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, and that it will maintain such policy and practice in force during the entire term of the Contract. The policy and practice must include giving employees a written notice of a policy that https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to ODFW proof of insurance as required in the following sections:

5.5.1.1 WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident. If Contractor is an employer subject to any other state’s workers’ compensation law, Contactor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

5.5.1.2 COMMERCIAL GENERAL LIABILITY

Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract, and shall have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.

5.5.1.3 AUTOMOBILE LIABILITY INSURANCE

Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.

5.5.1.4 EXCESS/UMBRELLA INSURANCE

A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance.

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5.5.1.5 ADDITIONAL INSURED

All liability insurance, except for Workers’ Compensation, Professional Liability, and Network Security and Privacy Liability (if applicable), required under this Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 07 04 or equivalent.

5.5.1.6 WAIVER OF SUBROGATION

Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Agency or State of Oregon by virtue of the payment of any loss.

Contractor will obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Agency has received a waiver of subrogation endorsement from the Contractor or the Contractor’s insurer(s).

5.5.1.7 TAIL COVERAGE

If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii) Agency or Contractor termination of this Contract, or, iii) The expiration of all warranty periods provided under this Contract.

5.5.1.8 CERTIFICATE(S) AND PROOF OF INSURANCE

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract.

The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract.

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5.5.1.9 NOTICE OF CANCELLATION

The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

5.5.1.10 STATE ACCEPTANCE

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section 5.

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, ODFW will proceed with final award by executing a Contract in the form of the Sample Purchase Order attached hereto as Attachment A, which is not negotiable. This Contract incorporates the terms and conditions set forth in the ITB, including without limitation the federal contract provisions for non-federal entity contracts under federal awards set forth in Attachment A.

Successful Bidder shall not commence work under the Contract until the Contract has been executed and the ODFW has provided the Successful Bidder with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

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

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of ODFW. 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 ODFW 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

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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, ODFW 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. ODFW, 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 ODFW cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to ODFW.

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), ORS279B.225, and ORS279B.270-279B.280)

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ATTACHMENT A -SAMPLE CONTRACT (PURCHASE ORDER)

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ATTACHMENT A - SAMPLE CONTRACT (PURCHASE ORDER)

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Without limiting the general requirements of this Contract, Contractor is responsible to comply with the following federal laws, executive orders and regulations, as applicable. All subcontracts or lower-tier contracts entered into by Contractor shall contain the following provisions, requiring the lower-tier contractor to comply with such provisions, to the extent such lower-tier agreements are allowed by ODFW:

Appendix II to Part 200

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of http://www.ecfr.gov/cgi-bin/text-idx?SID=66f1eac60ecb3f2fcd992313ae9775dc&node=pt2.1.200&rgn=div5

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 20 of 29 experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency

(EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See §200.323 Procurement of recovered materials.

(K) See §200.216.

(L) See §200.322.

Appendix II to Part 200

Other Provisions Required by Federal Agency:

A. 41 USC §4712 Enhancement of Recipient and Subrecipient Employee Whistleblower Protection:

1. Contracts over the simplified acquisition threshold and all employees working on related subcontracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712.

2. Contractors awarded over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protection under 41 U.S.C. 4712.

3. Contractor shall insert this clause, including paragraph 3 in all subcontracts over the simplified acquisition threshold related to this award.

B. 41 USC §6306 Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to Congress or Resident Commissioner shall be admitted to any share of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.

C. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving: Contractors are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the Order.

http://www.ecfr.gov/cgi-bin/text-idx?SID=66f1eac60ecb3f2fcd992313ae9775dc&node=pt2.1.200&rgn=div5 http://www.gpo.gov/fdsys/pkg/USCODE-2012-title41/pdf/USCODE-2012-title41-subtitleI-divsnC-chap47-sec4712.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title41/html/USCODE-2011-title41-subtitleII-chap63-sec6306.htm http://www.whitehouse.gov/the_press_office/Executive-Order-Federal-Leadership-on-Reducing-Text-Messaging-while-Driving/

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ATTACHMENT B — BID COVER SHEET

Bidder Name (printed):

Address: City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

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

Any individual signing below hereby certifies he/she is an authorized representative of Bidder and that:

1. Bidder understands and accepts the requirements of this ITB. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in Attachment A , as modified by Addenda, if any.

2. Bidder acknowledges receipt of any and all Addenda to this ITB.

3. If awarded a Contract, Bidder agrees to comply with all provisions of the ITB and meet the performance standards set forth in the Contract.

4. Bidder has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

5. I have knowledge regarding Bidder’s payment of taxes and by signing below I hereby certify, to the best of my knowledge, Bidder is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, those listed in ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a service-disabled veteran owned business, or an emerging small business. If applicable, Bidder certifies that it has, or will have prior to contract execution, a written policy and practice that meets the requirements described in ORS 279A.112 of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class, and that Bidder shall maintain the policy and practice in force during the entire term of the Contract. This is a material term of this Contract. Agency may not enter into a Contract with an anticipated contract price of $150,000 or more with a Bidder that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

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

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of

Foreign Assets Control of the United States Department of the Treasury found at:

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

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

https://www.sam.gov/portal/SAM/#1

8. Bidder certifies to the best of its knowledge, there exists no actual or potential conflict between https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/SAM/%231

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 22 of 29 the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder shall promptly notify the State in writing.

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

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

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

12. The resulting Contract, when executed and delivered, is a valid and binding obligation of Bidder enforceable in…