ITB S-63500-00006960 North Umpqua Log Haul.pdf

ITB S-63500- 00006960 ODFW Tracking #: 735-141-22

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

UPPER UMPQUA LOG HAUL

Invitation to Bid (ITB)

ITB S-63500 - 00006960

Date of Issue: 05/16/2023

Closing: 06/14/2023, Time 2:00 PM (Pacific)

Single Point of Contact (SPC): Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 503-947-6130

E-mail: jake.e.howard@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.

mailto:jake.e.howard@odfw.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 STATEMENT OF WORK

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

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 RESERVED

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 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 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

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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 – MAPS AND LOCATIONS

ATTACHMENT H – FIRE PROTECTION AND SUPPRESSION

ATTACHMENT I – UMPQUA COMMERCIAL ROAD USE RULES

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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”), working in conjunction with the United States Forest Service (“Forest Service”), is issuing this Invitation to Bid (ITB) to establish a Contract for the delivery of Log Haul Services in the Upper Umpqua region. The goal of this restoration project is to fall, yard, and haul hazard and wildfire damaged trees and stockpile for instream placement to enhance fish habitat and support salmon restoration.

There are five log sources for this haul with salmon logs being moved to two different staging areas (Horse Heaven Creek and Foster Pit), existing log decks rearranged for ease of access for a heavy lift helicopter, and. the creation of salmon logs by falling roadside hazard trees on Forest Service Road 2801-

100. See Attachment G for site locations, log source number, and estimated log numbers/treatments.

The goal of all log moving actions is to haul the longest logs possible from source sites to stockpile sites.

The longer logs are most stable in the streams, will remain in place longest, and have the largest beneficial effect on salmon habitat.

Upon completion of any falling, bucking, skidding, and trucking of the logs, all slash generated by the hazard tree removal will be piled or scattered to less than a two-foot depth. Piling may be by hand or mechanical depending on location of the slash. Skid roads may need to be water barred and berms taller than 18 inches flattened out.

For the entire project performance, all equipment delivered to project sites must be clean of dirt and mud as a noxious weed prevention measure (tracks, etc.).

There are five project Objectives. Agency will award each Objective to the Responsible bidder, submitting the lowest, responsive bid for that Objective (see Sections 4.3 and 4.8). Bidders are eligible to be awarded one, multiple, or all Objectives. All or nothing bids submitted will not be considered. Per ORS 279B.055(2)(c), the selected Contractors shall meet the highest standards prevalent in the industry most closely involved in providing the Services required under the prospective award(s).

1.2 STATEMENT OF WORK

All work will be completed between contract execution and September 1, 2023. All work must be completed in full compliance of industrial fire protection levels (IFPL) and the Umpqua Commercial Road Use Rules (Attachment I). Fire watch and necessary and working fire equipment (water tender or trailer) will be required during fire season. Fire waivers may be necessary to complete the project on time. If necessary, these must be requested through the US Forest Service, see Attachment H. Ground skidding equipment work before May 30, 2023 will require approval by an Agency or USFS Soils Scientist or Hydrologist, as directed by Agency

Keys to this project:

1) Safely fall, buck, skid, and transport the hazard trees from the Forest Service Road 2801-100 to Foster Pit staging. Log lengths will vary. The majority shall be cut 60 to 65 feet in length from the Forest Service Road 2801-100 road. When trees are encountered for which, the estimated scale will exceed 3,500 board feet a short log will be cut, followed by a long log (provided it doesn’t exceed 3,500 board feet).

2) Safely load and transport salmon logs from Bogus Creek campground and Forest Service Road 4770 to the appropriate staging area. Logs from Bogus Creek will be transported to the staging area near Horse Heaven Creek, and logs from Forest Service Roads 4770 and 28 will be moved to the upper level of Foster

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 5 of 57 pit. At each staging site logs will be unloaded and decked in such a way that logs can be easily accessed by choker or grapple. Logs may be decked no more than three logs high. Each layer of logs must have the butts staggered and in all the same direction. If logs are not decked, they must be splayed out with staggered ends allowing access for individual chokering of logs.

3) Rearrange two existing salmon log decks on Forest Service Road 3701-220 to make logs easier to pick up with a heavy lift helicopter (approximately 80 logs). This project will provide many logs in an easily accessible location for instream placement, benefiting water quality and aquatic habitat.

Objective 1: UNIT 1 (Attachment G): Fall, buck, skid, and haul hazard trees (salmon logs) along Forest Service Road 2801-100 to stockpile site at Foster Pit.

100 hazard trees along Forest Service Road 2801-100, in five units (see Attachment G for unit maps), will be felled and bucked into log lengths ranging from 35 to 65 feet. Trees that will exceed 3,500 board feet will be bucked in such a way that at least one long log (60 to 65 feet) will be generated. The goal is to maximize log length while making sure that log weights are such that logs can be lifted by a heavy lift helicopter. After the trees are felled and bucked, they will be skidded to Forest Service Road 2801-100.

Logs will then be loaded and hauled to the Foster Pit staging area. At the staging area logs will be unloaded and arranged in such a way that the logs can be easily chokered and lifted by a heavy lift helicopter. Logs may be decked but no more than three logs high and with each layer of logs arranged with the butts staggered and in the same direction. Large logs will be arranged so they can be chokered individually, smaller logs grouped so they can be chokered in groups of up to four logs.

Slash generated by tree falling, skidding, and loading will be piled by hand or machine depending on slash location. Slash will be scattered on skid trails to prevent erosion, berms higher than 18 inches will be flattened and water bar construction may be required to prevent erosion. All log loading sites will need to have accumulations of bark scraped off road following operation. All equipment delivered to project site must be clean and freed of dirt/mud as a noxious weed prevention measure (clean tracks, etc).

Mechanized felling equipment will not operate on slopes greater than 35 percent, unless otherwise agreed to in writing.

Use pre-existing skid trails at the discretion of the Project Manager and only create new skid trails where reuse of existing ones would exacerbate soil and water quality impacts.

Perform skidding and yarding operations when soil conditions are such that soil compaction, displacement and erosion would be minimized. Suspend skidding and yarding operations when soil moisture levels could result in unacceptable soil damage as determined by Forest Service soil scientist or hydrologist. There shall be no off-landing ground based equipment operation from November 1 to May 31 without approval by the Agency or USFS soil scientist or hydrologist, as directed by Agency.

For trees that will be yarded off site, directionally fall trees away from streams.

Limit the use of ground based equipment within 50 feet from stream channels. Equipment can reach into the 50 foot buffer to pull trees out. If ground based equipment needs to enter the 50 foot buffer, apply additional erosion control measures on disturbed areas (apply slash to skid trails and disturbed areas post skidding). Skidding equipment shall not cross stream channels or skid/pull across channels.

Heavy equipment will be fueled 150 feet away from streams.

All off road equipment and equipment to haul off road equipment (low boys) will be cleaned before coming onto National Forest to prevent noxious weed infestations.

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Trees that cannot be felled away from the creek in Unit 1, 2, 4, 5 will be left standing.

Trees that cannot be felled away from the creek in Unit 4 will be felled into the stream and left.

Products: 100 trees safely fell, bucked, and skidded to Forest Service Road 2801-100. Trees will be bucked into salmon logs with a maximum length of 65 feet and a minimum length of 35 feet. The length of the log will depend on diameter and approximate weight. Rough log scale for each log needs under 3500 board feet which should keep log weights under 25,000 lbs.

Objective 2: UNIT 2 (Attachment G): Load and haul logs from Forest Service Road 4770 (log source 2) to stockpile site at Foster Pit

Approximately 40 salmon logs are scattered along Forest Service Road 4770 from approximately 0.5 mile from Hwy 138 junction to 0.5 mile above Forest Service Road 4770-380. These logs will need to be loaded, hauled, and unloaded at Upper Foster Pit staging area and arranged in such a way that the logs can be easily chokered and lifted by a heavy lift helicopter. Logs maybe decked but no more than three logs high and with each layer of logs arranged with staggered butts in the same direction.

All log loading sites will need to have accumulations of bark scraped off road following operation.

Products: 40 decked logs on Forest Service Road 4770 safely loaded, hauled, and unloaded at Foster Pit. Logs will be unloaded in such a way as to allow easy chokering or grappling by a heavy-lift helicopter.

Approximately 140 logs are located at the closed Bogus Creek Campground. Logs are 60 feet long and decked. These logs will be loaded, hauled, and unloaded at the Horse Heaven Creek staging area (approximately 21 miles up Steamboat Creek Road). Logs may be decked but no more than three logs high and with each layer of logs arranged with staggered butts in the same direction. Haul may need a pilot car or cars for safety and oversize placards.

When accessing and loading logs at the Bogus Creek Campground site, equipment must remain on the pavement and no skidding of logs is allowed. If a tracked loader is used at Bogus Creek campground, the tracks need to be suitable for use on bituminous pavement (rubber tracks) or operate on mats or other protective covering such that the equipment does not damage the pavement.

Products: 140 salmon logs moved and staged at Horse Heaven Creek staging area for helicopter placement.

Objective 3: Haul decked logs from Bogus Creek Campground to Horse Heaven Creek staging area.

Approximately 140 logs are located at the closed Bogus Creek Campground. Logs are 60 feet long and decked. These logs will be loaded, hauled, and unloaded at the Horse Heaven Creek staging area (approximately 21 miles up Steamboat Creek Road). Logs may be decked but no more than three logs high and with each layer of logs arranged with staggered butts in the same direction. Haul may need a pilot car or cars for safety and oversize placards.

When accessing and loading logs at the Bogus Creek Campground site, equipment must remain on the pavement and no skidding of logs is allowed. If a tracked loader is used at Bogus Creek campground, the tracks need to be suitable for use on bituminous pavement (rubber tracks) or operate on mats or other protective covering such that the equipment does not damage the pavement.

Products: 140 salmon logs moved and staged at Horse Heaven Creek staging area for helicopter placement.

Objective 4: UNIT 5 (Attachment G): Rearrange decked logs on Forest Service Road 3701-220

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Currently there are 80 salmon logs decked on the shoulder of Forest Service Road 3701-220. These logs need to be re-decked, so the new decks are only two logs high. Some of the logs may be moved up to 50 feet to have better access for the helicopter and more area to deck the logs. Log butts on each level of the deck will all face the same direction, and all be staggered.

All off road equipment and equipment to haul off road equipment (low boys) will be cleaned before coming onto National Forest to prevent noxious weed infestations. All equipment delivered to project site must be clean and freed of dirt/mud as a noxious weed prevention measure (clean tracks etc).

Products: 80 salmon logs redecked for better helicopter access.

Objective 4: UNIT 6 (Attachment G): Sort through single logs and existing cull log decks for logs greater than 14 inches diameter and greater than 40 feet long and transport to Foster Pit. These logs are mostly located within 30 feet of the Forest Service 2801-100 road, are in 4 decks as well as a few scattered singles and this unit is located between Unit 1 and Unit 2.

Products: 15-20 salmon logs.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Non-Mandatory Pre-Bid Conference 05/25/2023 9:00 AM

Questions / Requests for Clarifications Due, 05/31/2023 10:00 AM

Answers to Questions / Requests Clarifications Issued (approximate)

06/01/2023 4:00 PM

ITB Protest Period Ends 7 calendar days prior to ITB Closing

Bid Closing (Due date and time to submit Bids)

See cover page 2:00 PM

Opening of Bids Immediately following Bid Closing

Notice of Intent to Award (approximate) 06/20/2023 1:00 PM

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

Agency operating hours are:

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

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 137-046-0110.

1.4.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 137-046-0110.

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition to, deletion from, a material change in, or clarification of this ITB.

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“Objective” means each individual work item being described for bid in this document.

"OregonBuys” means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys website is located at: https://oregonbuys.gov.

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

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

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

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

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

ODFW has authorization to conduct fish and wildlife management activities under ORS. 496.138, consistent with the policy in ORS 496.012.

2.2 PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047- 0255.

2.3 PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held on May 25, 2023, at 9:00 AM, starting at the North Umpqua Ranger District Office Parking Lot, 18782 N Umpqua Hwy, Glide, Oregon 97443. This will be a guided driving tour of sample sites requiring Bidders have high clearance vehicles.

The purpose of this conference is to explain the ITB requirements and to answer questions. Statements made at the pre-bid conference are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7.

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/.

ITB documents will not be mailed. Prospective Bidders are solely responsible for checking OregonBuys regularly until Bid Closing to determine whether or not any Amendment(s) or other notices for this ITB have been issued. Amendment(s) are incorporated into the ITB by this reference.

2.4.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OregonBuys may contact the Help desk by telephone at (855) 800- 5046 or email to support.oregonbuys@oregon.gov.

2.4.2 OREGONBUYS REGISTRATION INFORMATION

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

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All bidders must be registered in OregonBuys to do business with the State. Registration is free. For Vendor Registration: visit https://OregonBuys.gov.

Bidders are solely responsible for ensuring that their vendor registration information is current and correct in OregonBuys. Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing, via email, to the SPC identified on the cover page of this ITB;

• Reference ITB S-63500-00006960.

• Identify the ITB section number, page, and paragraph;

• Include name and contact information of Bidder 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.

2.6 PROTEST OF ITB

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

Protests to this ITB must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum.

Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• Reference to the ITB S-63500-00006960;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, or

b) Unnecessarily restrictive, or

c) Legally flawed, 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 terms and conditions of the Sample Contract, or other relief sought.

Agency will address all protests meeting these requirements within a reasonable time and will issue a written decision in accordance with ORS 279B.405. Protests not meeting these requirements will not be considered by Agency. Protests must be submitted by the following methods:

https://oregonbuys.gov/

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

2.7 ADDENDUM

Unless otherwise stated in this 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 unless an alternate process is defined in Section 2.4. 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 for a period of 90 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid, per the method permitted in Section 3.2.2, using only white 8 1/2” x 11” format, without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Bid.

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

3.2.2 SUBMITTING BIDS

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, transmission errors, or mistaken delivery for any reason. A Bid submitted by any means not authorized below will be rejected. The following delivery options are permitted for this ITB:

3.2.2.1 Delivery through OregonBuys

Bids must be submitted electronically through OregonBuys at: OregonBuys.gov. Agency reserves the right to award solely on the Bid submitted electronically through OregonBuys;

however, upon ODFW’s request, the apparent successful Bidder shall promptly submit its complete original signed bid.

In the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to protest, or to otherwise participate in the procurement, ODFW may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

By submitting a Bid in response to this ITB, the Bidder (and if selected for award also as

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Contractor) agrees with ODFW that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time (see Section 1.3, above). To be effective the modification must include the OregonBuys bid number and be submitted prior to Closing pursuant to the methods below.

A Bidder wishing to make modifications to a Bid already received by Agency must (i) upload a new Bid in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button.

3.2.4 BID WITHDRAWAL

If a Bidder wishes to withdraw its submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Closing date and time for this ITB, or the Bidder shall submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The written 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. Bidder may also withdraw its bid in person upon presentation of appropriate identification and satisfactory evidence of authority and the submission of a Written notice signed by an authorized representative of its intent to withdraw to the SPC. Bidder must make an appointment with the SPC to withdraw the bid in person. Withdrawal by any method permitted above must be made prior to the Closing Date and time.

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

Bid Opening will occur immediately following Bid Closing unless otherwise specified. Bids will be publicly opened through electronic means and only the name of each Bidder and the Bid amounts will be read at the Opening. Award decisions will not be made at the Bid Opening. Interested parties may attend the Opening for this solicitation electronically at:

TEAMS meeting June 14, 2023 at 2:00 pm (PST)

3.2.7 WITHDRAWAL BY ODFW OF BID ITEMS PRIOR TO AWARD

ODFW reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids that fail to provide any of the information or to 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.

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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/work performed for any clients within the last five years. Information must be provided in the Reference Check Form provided in this ITB as Attachment C and must include:

• 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.

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 3.3. 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 minor informalities 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

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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

There are five project Objectives included in this ITB (see Attachment D). Agency shall award each Objective to the Responsible Bidder, submitting the lowest, Responsive bid for that Objective based on the Unit (hourly) Cost for that Objective provided in Attachment D, and whose bid substantially complies with the requirements and criteria set forth in this ITB.

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 RESERVED

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

If awarded, Agency must award to the Responsible Bidders with the lowest Responsive Bid per each individual Bid Line Item (Objective), which may result in multiple Contracts. Agency may award by item, groups of items, or the entire Offer provided such Award is consistent with this ITB and in the public interest. Agency reserves the right to reject all bids.

An Agency may Award multiple Contracts under an Invitation to Bid in accordance with the criteria set forth in the Invitation to Bid.

4.8.2 MULTIPLE AWARDS

There are five Bid Line Items (Objectives) included in this ITB, and the Unit (hourly) Cost for each individual Bid Line Item (Objective) will be used to Award.

Agency shall award each individual Bid Line Item (Objective) to the Responsible Bidder with the lowest Responsive Bid for that Bid Line Item (Objective) based on the Unit (hourly) Cost for that Bid Line Item (Objective) and whose bid substantially complies with the requirements and criteria set forth in this ITB. Bids for all or nothing award will not be considered.

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.

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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:

• All lower Bids are non-Responsive.

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

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

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

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

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email;

• Reference the ITB number;

• Identify Bidder’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the protest; and

• 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 the Contract value exceeds $500,000 and Bidder employs 50 or more fulltime workers, 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. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 15 of 57 status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

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

5.4 NONDISCRIMINATION IN EMPLOYMENT

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

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

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

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee(s) and obtaining all requisite approvals required, Agency will proceed with final award(s). The Contract 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

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 16 of 57 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:

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

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

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

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Notice to Proposers: This Attachment A Sample Contract Form, is provided for informational purposes only. Please do not return any portion of this sample contract, including attached Exhibits, with your Proposals.

ATTACHMENT A - SAMPLE CONTRACT

State of Oregon Contract for Services

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Department of Fish and Wildlife, (“Agency” or “ODFW”) and ________, a [_______][doing business as _____] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title **Address

**City, State ZIP Phone: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx anyname@yahoo.com

Agency's Contract Administrator for this Contract is:

Sam Moyers, Project Manager Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive SE Salem, Oregon 97302 Phone: (541) 464-2176 samuel.w.moyers@odfw.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section

17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and, approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates on _____. The termination of this Contract will not extinguish or prejudice Agency’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

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

2.1. this Contract less all exhibits;

2.2. Exhibit D (Federal Terms and Conditions);

2.3. Exhibit C (Reserved);

2.4. Exhibit A (Statement of Work);

2.5. Exhibit B (Required Insurance), and

2.6. Exhibit E (Independent Contractor Certification)

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

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to agency the deliverables (“Deliverables”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Deliverables and Services.

Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets mailto:anyname@yahoo.com mailto:samuel.w.moyers@odfw.oregon.gov

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 18 of 57 the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $***,***.**. Agency will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract, and will not pay for Services performed 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 performs Services subject to the amendment.

4.2. Payments. Payments, including interim payments, to Contractor are subject to ORS 293.462, will be made only for completed and accepted Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

4.3. Invoices. Contractor shall submit invoices to Agency as set forth in the Statement of Work or, if not set forth therein, to Agency’s Contract Administrator. Contractor may submit invoices in accordance with the payment schedule set forth in the Statement of Work or, if no payment schedule is set forth therein, then no more frequently than once per month for accepted Deliverables and Services. The invoices must describe all Services performed with particularity, including the dates Contractor performed the Services for which it is requesting payment, and by whom the Services were performed and shall itemize and explain all expenses that this Contract requires Agency to pay and for which Contractor claims reimbursement.

4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract.

4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any agency or department of the State of Oregon other than Agency. Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

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5. Contractor’s Personnel.

5.1. Key Persons. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this Contract, because of the special qualifications of Contractor's key persons identified in the Statement of Work (each a “Key Person” and, together, “Key Persons”). Neither Contractor nor a Key Person may delegate performance of the powers and responsibilities that a Key Person is required to provide under this Contract to another Contractor employee, subcontractor, or agent without first obtaining the written consent of Agency. Further, Contractor may not re-assign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide the Agency with the required expertise, experience, judgment, and personal attention, without first obtaining Agency's written consent to such re-assignment or transfer, which Agency will not unreasonably withhold or delay. Notwithstanding the foregoing, Contractor may replace a Key Person in the event the Key Person is no longer available due to circumstances beyond Contractor’s reasonable control, such as death, illness, or termination of employment with Contractor. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, or if Contractor must replace a Key Person, Agency may interview, review the qualifications of, and approve or reject the proposed replacement for the Key Person. Any such replacement must have substantially equivalent or better qualifications than the Key Person being replaced. Any replacement personnel approved by Agency in writing (email acceptable) will thereafter be deemed a Key Person for purposes of this Contract, and the Statement of Work will be deemed amended to include such Key Person.

5.2. Payment for Replacement Key Personnel. If Agency is paying Contractor on an hourly or other periodic basis, then Contractor will not charge Agency, and Agency will not pay, for a replacement Key Person while such replacement acquires the project knowledge and skills necessary to perform the Services.

Such period of non-charge will be agreed upon by the parties.

5.3. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by…