ITB S 63500 00010361 Aldrich Ponds Timber Sale.pdf

OregonBuys #S-63500-00010361 Aldrich Ponds Timber Sale

State of Oregon

INVITATION TO BID (ITB)

Oregon Department of Fish and Wildlife

Is issuing this Invitation to Bid under OregonBuys Bid Number S-63500-00010361 for the

ALDRICH PONDS TIMBER SALE

On

PHILLIP W. SCHNEIDER WILDLIFE AREA

Date of Issue: 05/17/2024

Bid Opening Date and Time (Bid Due Date): 06/28/2024, Time 03:00 PM

SINGLE POINT OF CONTACT:

There will be only one point of contact during the procurement process. This includes the Solicitation process, and change, Clarification; the Award process; and any other questions that may arise. The single point of contact for this ITB is:

Patty Whalen, Procurement & Contract Specialist III Oregon Department of Fish and Wildlife

4034 Fairview Industrial Drive SE Salem, OR, 97302

Email: Patty.L.Whalen@odfw.oregon.gov

The Agency, Oregon Department of Fish and Wildlife (ODFW), will conduct this Solicitation in accordance with Oregon Revised Statutes (ORS) Chapters 279A and 279B and Oregon Administrative Rules (OAR) Chapter 125, Divisions 246 and 247 and any other applicate statutes and rules and as laid out in this ITB. This is a Competitive Sealed Bid as described in ORS 279B.055 and OAR 125-247-0255 and other relevant provisions of law related to Competitive Sealed Bidding.

TABLE OF CONTENTS

SECTION A – SCHEDULE OF EVENTS

SECTION B – GENERAL INFORMATION

SECTION C – SOLICITATION PROCESS

SECTION D – INSTRUCTION TO BIDDERS

SECTION E – EVALUATION CRITERIA AND PROCESS

SECTION F – RESPONSIBILITY INQUIRY AND BIDDER REFERENCES

SECTION G– CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS AND POLICY AND PRACTICE AGAINST

SEXUAL HARASSMENT AND DISCRIMINATION

SECTION H – RESIDENCY INFORMATION

SECTION I – BIDDER SIGNATURE AND CERTIFICATION

SECTION J – PRICING – FORM OF PROPOSAL

ATTACHMENT A – SAMPLE CONTRACT (INCLUDING ALL EXHIBITS A-H)

EXHIBIT A - TIMBER SALE MAPS (2):

EXHIBIT A-1 VACINITY MAP,

EXHIBIT A-2 HARVEST MAP,

EXHIBIT A-3 NO MECHANICAL EQUIPMENT AREA.

EXHIBIT B - OPERATIONS PLAN

EXHIBIT C - SCALING/PROCESSING INSTRUCTIONS SAWMILL GRADE/PULP

EXHIBIT D - FOREST ROAD SPECIFICATIONS

EXHIBIT E - CULVERT SPECIFICATIONS

EXHIBIT F - WATERBAR SPECIFICATIONS

EXHIBIT G - WATERSHED REGULATIONS

EXHIBIT H - AFFIDAVIT OF COMPLIANCE WITH TAX LAWS

ATTACHMENT B – BID BOND FORM

SECTION A – SCHEDULE OF EVENTS

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. ODFW may modify the schedule at its sole discretion.

EVENT DATE TIME (Pacific Time)

Mandatory Pre-Bid Tours Dates by appointment (See Section B.3.1)

Tuesday, May 28, 2024 Wednsday, May 29, 2024 Thursday, May 30, 2024

By appointment only (For May 30th, no appointments after 12:00

PM)

Mandatory Pre-Bid Conference (See Section B.3.2)

06/10/2024 At 2:00 PM PST

Questions and Clarifications Due 06/11/2024 By 2:00 PM PST

Answers to Questions and Clarifications Due (approximate)

06/14/2024 By 3:00 PM PST

Bid Opening Date (Due Date and time to submit Bids)

06/28/2024 See Cover Page

By 3:00 PM PST

Notice of Intent to Award (approximate) 07/05/2024

Contract Execution (approximate) 07/12/2024

SECTION B – GENERAL INFORMATION

B.1 SUMMARY OVERVIEW AND SCOPE OF WORK:

The purpose of this ITB is to establish a Contract for the harvest of timber on 312 acres of Phillip W. Schneider Wildlife Area located in Grant County Oregon (“Timber Sale Area”). Successful Bidder will complete Project Work, as defined below, and complete the Timber Harvesting Operations as laid out in more the Sample Contract (attachment A), attached hereto and incorporated herein by this reference. The Sample Contract lays out the scope of work, the Successful Bidder’s anticipated duties, and expectations for the Successful Bidder’s performance.

Unless ODFW specifies otherwise, the Successful Bidder is required to meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate Services.

B.1.2 SALE NAME: Aldrich Ponds Timber Sale.

B.1.3 AUCTION LOCATION: This will be a Competitive Sealed Bid Process. No Live Auction will occur.

B.1.4 DISTRICT/UNIT: ODFW.

B.1.5 AUTHORITY: ODFW has authority to Contract pursuant to ORS 496.146(11).

B.1.6 HARVEST TYPE: Timber harvest of Douglas fir, Ponderosa Pine, Western Larch, Grand Fir, and other conifers.

B.1.7 SALE LOCATION:

Timber Sale Area is on ODFW administered lands in T 13S, R27E, sections 26, 35, 36 of the Phillip Schneider Wildlife Area (Exhibit A). Elevation ranges from 4,400 feet to 5,000 feet within the Timber Sale Area.

B.1.8 EXPIRATION DATE OF SAMPLE CONTRACT: April 14, 2027.

B.1.9 DIRECTIONS TO TIMBER SALE AREA: The Timber Sale Area will be accessed through STATE lands east of

Dayville, Oregon. The road access to the Timber Sale Area will be partially on existing road system within Phillip Schneider Wildlife Area and will be partially on roads constructed by Successful Bidder as part of the Project Work in the Sample Contract.

B.1.10 ESTIMATED VOLUMES AND QUALITY:

SPECIES

AVG

DBH1

TOTAL

MBF2

GRADES BY MBF

1P 2P 3P P SM 1S 2S 3S 4S 5S 6S SEL S

C

U T

CR WR

M

PLP

Douglas-fir/ Western Larch

12” 371 371

Ponderosa pine 13” 734.4 734.4

Grand fir & White Wood spp.

13” 554.4

554.4

Lodgepole Pine 14” 68.2 68.2

Pulp Logs (optional removal)

451.1 451.1

Sale Total 1728

1 DBH is the Diameter Breast Height.

2 MBF is the Thousand Board Foot.

B.1.11 MINIMUM BID:

Min. Bid per MBF

BID SPECIES Douglas-Fir/Western larch $40.00

Ponderosa Pine, non-blued $40.00

Grand Fir/and other conifer spp $40.00

Lodgepole Pine $30.00

Price per TON

NO-BID SPECIES Pulp Logs (optional removal) $0.10

In order to compensate Successful Bidder for Project Work (as defined below), ODFW will credit Successful Bidder’s timber account in the amount of $15,941.83 after the Project Work is completed and accepted, as described in Section 2630, "Credit for Project Work" of the Sample Contract.

The Timber Sale Area contains negligible volumes of other logs to be paid for at the prices in Section 1740 of the Sample Contract.

Quality and Quantity of Timber. ODFW makes no guarantee or warranty to successful Bidder as to the quality or quantity of the timber that will be available for harvest (“Designated Timber” under the Sample Contract) in the Timber Sale Area. Successful Bidder shall be liable to STATE for the Total Purchase Price set forth in Section 1710 of the Sample Contract, "Purchase Price," or in Section 1740 of the Sample Contract, "Log Prices," even if the quantity or quality actually cut, removed, or designated for taking is more or less than that estimated by ODFW to be available for harvesting on Timber Sale Area.

Further, ODFW makes no representation, warranty, or guarantee of the accuracy of any information either provided by ODFW or made available by ODFW under the Public Records Law with respect to this ITB or Contract. Bidder and successful Bidder agrees to bear exclusive responsibility for, and to accept all risks associated with, the actual conditions on the Area of Operations and successful Bidder’s computation of its bid for this Sample Contract.

Examination of Plans, Exhibits, and Areas of Operations. Bidder acknowledges and agrees that, before submitting a Bid, Bidder: (i) has made a careful examination of the terms and conditions of the Sample Contract; (ii) has become fully informed as to the quality and quantity of materials and the character of the Operations required; and (iii) has made a careful examination of the Area of Operations, including the Timber Sale Area and the Project Location, and the location and conditions of the Operations, including the sources of supply for materials. ODFW will in no case be responsible for any loss or for any unanticipated costs that may be suffered by successful Bidder as a result of successful Bidder’s failure to acquire full information in advance in regard to all conditions pertaining to the Operations.

B.1.12 PERFORMANCE BOND: 20% of total purchase price not to exceed $500,000. Actual bond amount will be rounded up to an even $1,000/unit. The bond will be paid upon Award of Contract (before ODFW signature on Contract, but after successful Bidder signs Contract).

B.1.13 BID BOND:

10% of the total estimated Bid value, not to exceed $500,000. Bond amount will be rounded down to an even $100/unit. The Bid Bond shall be paid upon submission of Bid. The Bid bond shall be returned to Bidder upon execution of the Contract. The

Agency shall retain the Bid bond if a bidder who is awarded a Contract fails to promptly and properly execute the Contract.

Prompt and proper execution of the Contract includes all action by a Bidder that is necessary to form a Contract in accordance with the ITB, including posting performance security and submitting proof of insurance. See ORS 279B.055(3)(a).

B.1.14 SALE TYPE: The sale will be 100% Recovery/scale, meaning that all loads and tonnage delivered from Successful

Bidder to the mill will generate a report from the scaling bureau which ODFW will then use to invoice the Successful Bidder.

Successful Bidder will pay ODFW based on the volume and tonnage that is delivered to the mill from the logging process. ODFW will invoice Successful Bidder for the dollar amount (stumpage based on what is settled in the bids for each saw log species and tonnage for pulp) received from what is delivered.

B.1.15 INSURANCE: $2,000,000 Commercial General Liability; $2,000,000 Automobile Liability; $2,000,000 Logger's Broad Form., and Workers Compensation as statutorily required. Reference Section 1240 of the Sample Contract.

B.1.16 HARVEST METHOD: 100% tractor logging, meaning, a mechanical feller-buncher with a lateral reaching boom is required for all mechanical felling.

B.1.17 PROJECT WORK: Complete details regarding project specifications are as described in Section 2610 of the

Sample Contract, "Project Work," which includes

Project No. 1: Dam Tree Removal.

Project No. 2: Road Improvement and Maintenance.

Project No. 3: Road Construction.

Project No. 4: Fell, Skid and Pile Sub-merchantable Material (juniper and conifer)/landing cleanup.

B.1.18 ENDANGERED SPECIES ACT COMPLIANCE STATEMENT: ODFW is engaged in an active threatened and endangered

(T&E) species survey program. Surveys, determinations, and management measures are developed and implemented in good faith compliance with federal and state Endangered Species Act (collectively, ESA) requirements. Restrictions on operations due to T&E species considerations are included in the prospectus. Successful Bidders are required to comply with all federal and state laws, including but not limited to the ESA. Bidders should take steps to be certain that no ESA violations occur. Successful Bidders of timber sales are reminded that ODFW surveying efforts may take place any time during the term of a timber sale contract. In some cases, ODFW may require that initiation of operations be delayed allowing for completion of spot check surveys, as recommended by the U.S. Fish and Wildlife Service (USFWS) survey protocol and required by ODFW policy. As part of the survey program, ODFW surveys its lands on a continuing basis for land management, species protection, research, and other reasons. During the contract term, T&E survey work or the discovery of a threatened or endangered species within or in the vicinity of a timber sale may affect operations contemplated under the contract. Also, legal challenges and other litigation regarding ODFW threatened and endangered species related processes may occur and may affect operations contemplated under the contract. In the event a threatened or endangered species is found within or near this sale, or efforts are required to respond to legal issues, ODFW may take steps necessary to protect the interests of the State, including contract alteration, suspension, or termination.

Bidders are encouraged to contact the Phillip W. Schneider Wildlife Area Management Office at (541) 898-2826 for further information or questions relative to threatened or endangered species surveys, future planned survey information, or other threatened or endangered species information.

B1.19 SPECIAL REMARKS: NO PERSONAL OR COMPANY CHECKS ACCEPTED FOR THE BID BOND.

PULP REMOVAL IS ALLOWED.

ACREAGE WAS DETERMINED USING GIS DATA.

VOLUMES ARE BASED ON VARIABLE PLOT CRUISE.

Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for Contract Award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while on State property.

The information shown on the Sample Contract in the Exhibits A map(s) are approximate locations. Exact locations of features represented by map symbols shall be determined on site and shall depend upon the conditions that exist on site. Activities shall be conducted based upon features determined on site rather than features shown on maps.

B.2 ITB DEFINITIONS:

Capitalized terms in the ITB have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney

General’s Model Public Contract Rules (OAR Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear or in the Sample Contract in attachment A.

B.2.1 “Addendum" or "Addenda" means an addition or deletion of a material change in, or clarification of, the ITB. Addendum or Addenda shall be labeled as such, issued by ODFW, and shall be made available to all interested Bidders as set forth in this

ITB.

B.2.2 “Agency” or “ODFW” means the State of Oregon, Department of Fish and Wildlife.

B.2.3 “Bid" means a response to this ITB.

B.2.4 “Bidder" means a Person who submits a Bid in response to an ITB.

B.2.5 “Bid Opening" means the date and time on or before all Offers must be submitted.

B.2.6 "Invitation to Bid" or "ITB" is defined in OAR 125-246-0110, and means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.2.7 “Opening" means the date, time and place announced in the ITB for the public opening of written sealed Offers.

B.2.8 “Offer" means Bid.

B.2.09 “OREGONBUYS” means the on-line electronic Oregon Procurement Information Network administered by the State

Procurement Office through the Department of Administrative Services.

B.2.10 “Contract" means the signed agreement between the Successful Bidder and the State. “Sample Contract” means the proposed Contract provided with this ITB, which may be negotiated as allowed between ODFW and a Successful Bidder.

B.2.11 “ODFW” or the “Oregon Department of Fish and Wildlife” means the State of Oregon acting by and through its Department of Fish and Wildlife.

B.2.12 “Services” or “Operations” means the Services and Operations described in Section B.1

B.2.13 “Area of Operations” means the location in where the Services are to be performed and includes the Timber Sale Area and the Project Location.

B.2.14 “Specification” means the description of the Services required by this ITB and the Contract.

B.2.15 “State" means the State of Oregon.

B.3 MANDATORY PRE-BID TOURS AND PRE-BID CONFERENCE:

Attendance at pre-bid tour and pre-bid conference Timber Sale Area is mandatory for this ITB. Bidders must visit the Area of

Operations to determine if they have adequate vehicle and equipment to provide the Services. Bidders are responsible for examining the Area of Operations and being aware of all terms of this ITB. No consideration will be given to any claim resulting from bidding without comprehending all instructions, specifications, or work conditions.

B.3.1 PRE-BID TOURS:

Pre-Bid Tours of the project site are mandatory and will be allowed by appointment only.

Days available for tours of the project site are Tuesday, May 28, 2024, Wednesday, May 29, 2024, and Thursday, May 30, 2024 only. For Thursday, May 30, 2024, no appointments will be scheduled after 12:00 P.M.

Bidders will need to call (541) 318-7972 or (541)-620-1047 to schedule an appointment.

The purpose of the tour is to view the Timber Sale Area, including timber harvest area, to determine if bidders have adequate vehicle and equipment to provide the Services. Bidders are responsible for examining the Area of Operations and being aware of all terms of this ITB. Bidders are required to bring adequate vehicle to tour the property such as an ATV.

During times when the wildlife area is closed to the public, collection of shed antlers is NOT allowed, and, will be strictly enforced. These actions by a Contractor, witnessed by ODFW Staff, could result in automatic disqualification of Contractor’s

Bid.

The purpose of the tour is to view the Timber Sale Area, including the timber harvest area, and to answer questions.

Statements made at the pre-Bid tour are not binding upon Agency.

B.3.2 PRE-BID CONFERENCE:

Only Bidders that complete the Pre-Bid Tour will be invited to the Pre-Bid Conference.

Bidders will receive an invitation by email with a link to attend a virtual Pre-Bid Conference.

Bidders will have the opportunity to ask questions at that time.

Bidders are cautioned that the ITB requirements will change only by written Addenda issued by Agency as provided in Section D.

B.4 SINGLE POINT OF CONTACT:

All questions concerning the procurement process, requests for brand approval, change, and clarification, the award process, and any other questions that may arise must be directed to the person identified on the cover sheet of this ITB as the single point of contact, unless otherwise specified in this ITB.

B.5 SUBSTANTIAL COMPLIANCE REQUIRED:

The Agency will not consider Bids not in substantial compliance with ITB requirements, and Bidders may not supplement such

Bids by delivering submissions after Bid Opening. However, the Agency may, but is not required to, waive minor informalities and irregularities, and may seek clarification from Bidders of any response that, in its sole discretion, it deems necessary or advisable.

B.6 Public Notice:

In accordance with OAR 137-047-0300, this ITB, including attachments and any Addenda issued, 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 to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

B.6.1 OregonBuys SYSTEM USAGE: Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at (855) 800-5046 or email to support.oregonbuys@oregon.gov.

B.6.2. OregonBuys SYSTEM REGISTRATION INFORMATION:

For Vendor Registration: visit https://OregonBuys.gov Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

B.6.3 Questions and Clarifications:

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

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Bidders’s name and contact information;

• Refer to the specific area of the ITB being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule of

Events.

SECTION C – SOLICITATION PROCESS

C.1 PROCUREMENT AUTHORITY AND PROCESS:

ODFW has the authority to enter into contracts with any person for the development and encouragement of wildlife research and management programs and projects. See ORS 496.146(11).

The Agency will conduct this Solicitation in accordance with ORS Chapters 279A and 279B and OAR Chapter 125, Divisions 246 and 247. This is a Competitive Sealed Bid as described in ORS 279B.055 and OAR 125-247-0255 and other relevant provisions of law related to Competitive Sealed Bidding.

C.2 REJECTION OF OFFERS:

In accordance with, the Agency reserves the right to reject any or all Bids in-whole or in-part and reserves the right to cancel this ITB at any time when the rejection or cancellation is in the best interest of the State as determined by the Agency. The Agency is not liable to any Bidder for any loss or expense caused by or resulting from the rejection or cancellation of this ITB or award. All Bids will become a part of the public file without obligation by the Agency except as required by administrative rule or statute.

SECTION D – INSTRUCTION TO BIDDERS

D.1 BIDS ARE FIRM OFFERS:

Any Offer submitted in response to this ITB constitutes a Firm Offer by the Bidder at the time of Bid Opening. A firm offer is an offer that may not be modified or revoked. Any Bid received may result in a Contract where the Bidder is bound by the terms and conditions set forth in the resulting Contract.

D.1.1 OFFER SUBMISSION AND BID OPENING:

Bid submission is electronically through OregonBuys at: OregonBuys.gov

Offers will not be accepted after the Bid Opening. Failure to comply with this requirement will result in rejection of the Offer as non-Responsive. Offers will not be publicly opened or read at the Bid Opening. Bids received after Bid Opening will not be considered for award.

D.2 METHOD OF BIDDING:

Bidders shall submit a rate for completing the Services and the total price as listed on Section J of this ITB.

Bidders must submit all pricing information as requested in the ITB or the Bid may be rejected.

Bidder shall bid in US Dollars, NO MORE THAN TWO DIGITS TO THE RIGHT of the decimal point.

IMPORTANT INFORMATION: Bidders are responsible for examining work localities and all terms of this ITB. No consideration will be given to any claim resulting from submitting a Bid without comprehending all instructions, specifications, or work conditions.

D.3 BID SUBMISSION REQUIREMENTS:

The information listed below shall be included in the Bid submission and shall be SIGNED BY BIDDER’S AUTHORIZED

REPRESENTATIVE. Any Bid that fails to follow one of the procedures below or that takes exception to the Specifications or contractual terms of the ITB may be deemed non-Responsive and their Bid may be rejected. Any Offer received after the Closing is late and will be rejected; see OAR 137-047-0460.

1) Cover Sheet of the ITB document

2) Bid Bond: Attachment B, and reference B.1.13

3) Section F: Responsibility Inquiry and Bidder References

4) Section G: Certification of Compliance with Non-Discrimination Laws

5) Section H: Residency Statement

6) Section I: Signature page

7) Section J: Pricing – Form of Proposal

D.3.1 BID SUBMISSION: Bid submission is electronically through OregonBuys at: OregonBuys.gov

D.4 BID FORMAT:

D.4.1 SIGNATURE REQUIRED; BIDDER AFFIRMATIONS: All Bid documents requiring signature must be signed in ink by an authorized representative of the Bidder. Bidder is required to sign Section I of the ITB and the attached Contract.

D.4.2 IN WRITING: Bidders must prepare all Bids including pricing information by word processor, typewriter, or in ink.

D.4.3 FORMS TO BE USED: Bidders must submit all required information on the forms specified in this ITB. Any information

Bidder submits that is not required to be included on forms prescribed by the Agency shall be formatted in the manner called for in the ITB and submitted on Bidder's letterhead.

D.5 METHODS OF SEEKING REQUESTS FOR CLARIFICATIONS AND MODIFICATIONS TO ITB

PROVISIONS:

D.5.1 METHOD OF SUBMITTING REQUESTS: Bidders may seek (a) requests for clarification; (b) requests for changes to

Contract terms or Specifications.

Bidders must mark containing requests for clarification, and requests for change as follows:

Bid Request for Clarification or

Request for Change and The ITB Number and

The Bid Bid Opening Date and time

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

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Bidders’s name and contact information;

• Refer to the specific area of the ITB being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

The Agency must receive the request by the time and date specified in Section A, Schedule of Events. Unless this specific deadline is extended by subsequent Addendum, the Agency will not consider requests for clarification, or requests for change pertaining to provisions contained in the originally-issued ITB after the date specified herein.

D.5.2 REQUEST FOR CLARIFICATION: A Bidder may request clarification of any provision contained in this ITB. Any request for clarification must be submitted in writing as described in D.5.1 to the single point of contact. To be considered, the Agency must receive the request for clarification by the deadline specified in Section A, Schedule of Events. At its sole discretion, ODFW will respond to such requests received by direct response to the Bidder, by issuing clarification(s) in the form of Questions and

Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys.

D.5.3 REQUEST FOR CHANGES TO CONTRACT TERMS OR SPECIFICATIONS: A Bidder may request a change of any

Contract terms of specifications contained in this ITB. Any request for change must be submitted in writing as described in D.5.1 to the single point of contact. To be considered, the Agency must receive the request for changes by the deadline specified in

Section A, Schedule of Events. Bidder must include in the request the reason for requested changes, supported by factual documentation, and any proposed changes.

D.5.5 RESPONSE TO REQUESTS FOR CLARIFICATION, or REQUEST FOR CHANGES: ANY RESPONSES PROVIDED BY the Agency, WHETHER VERBAL, IN WRITING, OR INCLUDED IN AN ADDENDUM AS A CLARIFICATION, DO NOT CHANGE

SPECIFICATIONS, CONTRACTUAL TERMS, OR PROCUREMENT REQUIREMENTS OF AN ITB AND IS NOT BINDING ON the

Agency. IF A REQUEST FOR CLARIFICATION RAISES AN ISSUE THAT THE AGENCY DETERMINES SHOULD BE CHANGED, THE AGENCY SHALL AMEND THE ITB, AND ANNOUNCE SUCH A CHANGE IN AN ADDENDUM. Any response to request for changes does not change the ITB and is not binding on ODFW unless the ITB is amended by Addendum.

D.5.6 RESPONSE TO REQUESTS: The Agency will promptly respond to each properly-submitted request for change. Where appropriate, The Agency will issue ITB revisions via Addenda posted on OregonBuys. The Agency may, but is not required to, informally respond to Bidder questions. HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB or the Sample Contract. SPECIFICATIONS, AND CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA FORMAL ADDENDA ISSUED BY THE AGENCY AND POSTED ON OregonBuys.

D.6 BID MODIFICATION:

The person signing the Bid must initial in ink each individual alteration and erasure made before Bid submission. Bidders may, in writing, modify Bids once submitted only before Bid Opening. Bidder shall prepare modifications on Bidder's letterhead. Each

Bid modification document must be signed by an authorized representative, and state that the modifications amend and supersede the identified portions of the Bid. The Agency will reject any Bid that fails to comply with OAR 137-047-0440 or any requirement of this ITB.

D.6.1 OFFER MODIFICATION PRIOR TO SUBMISSION OF BID: Prior to Bid submission, Bidders may modify their Bid by having the person signing the Bid initial, in ink, each individual alteration and erasure made.

D.6.2 OFFER MODIFICATION AFTER SUBMISSION OF BID: After Bid submission, Bidders may modify their Bid in writing and only if received by Agency before Bid Opening. Bidders shall prepare modifications on Bidder's letterhead. Each Offer modification document must be signed by an authorized representative, and state that the modifications amend and supersede the identified portions of the Bid.

Bidders must submit modifications in a sealed envelope marked as follows:

Bid Modification

OregonBuys ITB Number

Bid Bid Opening Date and Time

The Bid modification may be delivered by mail or in person at the drop box.

D.7 OFFER WITHDRAWALS:

D.7.1 IN WRITING. Bidders may withdraw Offers before Closing in writing. Offer withdrawals must be submitted in writing on Bidder's letterhead, signed by an authorized representative, and received by the Agency prior to Bid Opening. Offer withdrawals must be labeled as such and contain the ITB number. The Agency will reject any Offer that fails to comply with OAR 137-047-0440 or any requirement of this ITB.

D.8 JOINT VENTURES/PARTNERSHIPS:

When a Bidder is a partnership or joint venture, Bidder shall supply, with Bid submission, the name of the contact person for the partnership or joint venture. Prior to Award, joint ventures and partnerships submitting Offers must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded and Contracts resulting there from, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. Such Bidder must also designate a contact person for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the awarded Contract.

D.9 TRADE SECRETS:

This ITB and one copy of each original Bid received in response to it will be kept by ODFW and made a part of a file or record which shall be open to public inspection after the Agency makes its intent to award. If a Bidder believes that its Bid contains any information that it considers a trade secret under ORS 192.345 (2) or believes is otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.460, the information that the Bidder believes is exempt must be specifically marked as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and Bidder requests that it is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.460.”

Bidders are cautioned that cost information submitted in response to an ITB is generally not considered exempt from disclosure or a trade secret under the Oregon Public Records Law. Bidders are also cautioned that ORPD will make an independent determination of whether or not it believes information constitutes a trade secret or is otherwise exempt from disclosure when fulfilling its obligations under the Oregon Public Records Law and are cautioned that Bidders’ identification of information as trade secret or as otherwise exempt from disclosure under the law does not result in any guarantees that ODFW will decline to disclose that information in response to a request under the Oregon Public Records Law or otherwise. Further, Bidder should be aware that information submitted by a Bidder that is already in the public domain is not protected as a trade secret. ODFW shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. ODFW shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

For details go to https://www.oregonlegislature.gov/bills_laws/ors/ors192.html and scroll to Section 192.501(2).

By submitting a response to this ITB , Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this procurement, to fulfill obligations under the Oregon Public Records Law, or to fulfill obligations pursuant to discovery or otherwise in litigation.

D.10 PROOF OF INSURANCE:

The apparent successful Bidder shall provide all required proofs of insurance to the Agency within ten calendar days of notification of intent to Award The Agency may reject the Bid if the apparent successful Bidder fails to present the required documents within the ten calendar-day period. Bidders are encouraged to consult their insurance agent(s) prior to Bid submission about the insurance requirements contained in the ITB.

All Bids must be complete in all respects, including necessary signatures, certifications, documentation, responses on pricing and Specifications pages, and any other required information. All necessary attachments (residency statement, references, and other documents must be submitted with the Bid in the required format). Bidder shall submit only one original and zero copies.

SECTION E – EVALUATION CRITERIA AND PROCESS

Bids will be opened at the Opening and time designated in the Procurement Schedule or as changed by Addendum. Only the names of the Bidders will be made publically available at time of Opening.

E.1 METHOD OF AWARD:

The Agency shall award the Contract to the Responsible Bidder submitting the highest Responsive Bid after applying the preferences in ORS 279A.120, ORS 279A.125, and ORS 282.210, as applicable.

E.2 OFFER EVALUATION CRITERIA:

Bids received prior to Bid Opening will be evaluated in accordance with the evaluation process described below and any other applicable rules and statutes, including but not limited to ORS 279B.055, OAR 137-047-0255, and in accordance with this ITB.

The Agency will evaluate Bids to identify the highest Responsive Bid submitted by Responsible Bidders and not otherwise disqualified. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder's Bid or any Contract awarded pursuant thereto. Any attempt by Bidder to improperly influence the evaluation process will result in the disqualification of Bidder’s Bid.

Agency may, but is not required to, submit requests for clarification to Bidders to clarify information included in a Bid.

E.2.1 RESPONSIVENESS: To be Responsive, the Bid must comply with all requirements of the ITB and all prescribed public solicitation procedures. In making such valuation, the Agency may, but is not required to, waive minor informalities and irregularities. See OAR 125-247-0470.

E.2.2 RESPONSIBILITY: Prior to award of a Contract, the Agency will evaluate whether the apparent successful Bidders meet the applicable standards of responsibility identified in ORS 279B.110 and OAR 125-247-0500, including determining whether

Bidder:

(a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all Contract responsibilities.

(b) Has completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within Bidder's control, and Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. ODFW shall document the Bidder's record of performance if ODFW finds under this paragraph that the Bidder is not

Responsible.

(c) Has a satisfactory record of integrity. ODFW in evaluating the Bidder's record of integrity may consider, among other things, whether the Bidder has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a contract or subcontract. ODFW shall document the Bidder's record of integrity if ODFW finds under this paragraph that the Bidder is not

Responsible.

(d) Is legally qualified to contract with the agency.

(e) Has complied with the tax laws of the state or a political subdivision of the state, including ORS 305.620 and

ORS chapters 316, 317 and 318. The Bidder shall demonstrate compliance by attesting to the Bidder's compliance in any way the Agency deems credible and convenient.

(f) Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS

279A.167 if the Bidder employs 50 or more full-time workers and submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation from a state contracting agency.

(g) Supplied all necessary information in connection with the inquiry concerning responsibility. If a Bidder fails to promptly supply information concerning responsibility that the agency requests, the contracting agency shall determine the Bidder's responsibility based on available information or may find that the Bidder is not Responsible.

(h) Was not debarred by the agency under ORS 279B.130.

ODFW may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide Services.

In doing so, the agency may investigate Bidders and request information in addition to that already required in the ITB, when the Agency, in its sole discretion, considers it necessary or advisable.

E.2.3 DISCOUNTS: Bidder may offer cash or term discounts, or both. If accepted by the Agency, such discounts will be binding upon Bidder in the event Bidder is awarded a Contract. However, such discounts will not be considered for Award purposes unless specified in this ITB.

E.2.4 RECIPROCAL PREFERENCE: For Offer evaluation purposes only, the Agency will add a percentage increase to each out-of-state Bidder's Offer price which is equal to the percentage preference, if any, given to resident Bidders of the Bidder's state. For example, if the Bidder is from a state that grants a ten percent preference to local Bidders, the Agency will add ten percent to that Bidder's Offer price. See OAR 125-246-0310.

E.2.5 PREFERENCE FOR IN-STATE GOODS AND SERVICES: As required by ORS 279A.120(2)(a), ODFW will give preference to goods or services that have been manufactured or produced in this State if price, fitness, availability and quality are otherwise equal.

E.2.6 RECYCLED MATERIAL: Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the Contract.

E.3 PROCESSING OF OFFERS:

Neither the return of an Bid, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice of Intent to aAward, or otherwise), shall operate as a representation by the Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

E.4 INTENT-TO-AWARD ANNOUNCEMENT:

E.4.1 Notice of Intent to Award. The Agency may announce its Intent to Award prior to a formal Contract Award by posting the tabulation sheet of Bid results on the OregonBuys System. The Intent-to-Award announcement shall serve as notice to all Bidders that the Agency intends to make an Award subject to the successful negotiation of any negotiable provisions. ODFW will notify all Bidders via OregonBuys of the selected Bidder at least seven days before the Award of the public Contract and in accordance with ORS 279B.135.

E.5 REVIEW OF AWARDED BID FILES:

Most information contained in Bid files are public records and available for review at the Agency office indicated on the cover page by appointment after the Intent to Award has been issued.

SECTION F – RESPONSIBILITY INQUIRY AND BIDDER REFERENCES

(BIDDER MUST COMPLETE AND RETURN WITH Bid)

RESPONSIBILITY NOTIFICATION: The Agency reserves the right, pursuant to OAR 125-247-0500, to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent Successful Bidder’s responsibility to perform the Contract.

Bidder's submission of a signed Bid shall constitute Bidder's authorization for the Agency to obtain, and Bidder's agreement to produce for the Agency’s review and copying, any information the Agency deems necessary to conduct the evaluation. The

Agency shall notify the apparent successful Bidder, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information;

material, equipment, or inventory; facility and personnel information; record of contract performance; etc. The Agency may reject a Bid if Bidder fails to promptly provide this information. The Agency may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent

Successful Bidder to demonstrate Responsibility, as required under OAR 125-247-0500, shall render the Bidder non-Responsible and shall constitute grounds for Bid Rejection.

F.1 NUMBER OF YEARS IN BUSINESS PROVIDING THE SERVICES LISTED IN THIS ITB: _________________________

F.2 NUMBER EXISTING CONTRACTS FOR SERVICES EQUIVALENT IN TYPE, VOLUME, AND VALUE: __________

F.3 WITHIN THE PAST FIVE YEARS, HAS BIDDER’S FIRM HAD ANY LAWSUITS OR CLAIMS FILED AGAINST IT EITHER INVOLVING CONTRACT DISPUTES OR RELATING TO PRODUCTS SOLD OR SERVICED BY BIDDER? [ ] YES [ ] NO.

IF "YES," INDICATE DATES AND ULTIMATE RESOLUTION OF SUIT. (WITH REGARD TO JUDGMENTS, INCLUDE JURISDICTION

AND DATE OF FINAL JUDGMENT OR DISMISSAL.)

(USE SEPARATE SHEET IF ADDITIONAL SPACE NEEDED)

F.4 WITHIN THE PAST 24 MONTHS, HAS BIDDER’S FIRM FILED A BANKRUPTCY ACTION, FILED FOR REORGANIZATION, MADE A GENERAL ASSIGNMENT OF ASSETS FOR THE BENEFIT OF CREDITORS, OR HAD AN ACTION FOR INSOLVENCY

INSTITUTED AGAINST IT?

[ ] YES [ ] NO.

IF "YES," SUPPLY FILING DATES, JURISDICTIONS, TYPE OF ACTION, ULTIMATE RESOLUTION, AND DATES OF JUDGMENT OR

DISMISSAL, IF APPLICABLE.

(USE SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED)

F.5 WITHIN THE PAST 24 MONTHS, HAS BIDDER’S FIRM HAD ANY LAWSUITS FILED AGAINST IT BY CREDITORS? [ ] YES

[ ] NO.

IF "YES," INDICATE DATES AND ULTIMATE RESOLUTION OF SUIT (WITH REGARD TO JUDGMENTS, INCLUDE JURISDICTION

AND DATE OF FINAL JUDGMENT OR DISMISSAL).

(USE SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED)

F.6 Bidders shall provide three references from current and former private business and government body customers. These references must be supportive of each Bidder’s ability to comply with the requirements of this ITB and the Contract. No more than one reference will be accepted from any one business entity or government body. Bidder must complete this Section F.6 and return it with their Bid. Failure to provide complete and accurate information may be cause for Bid rejection.

NOTE: Bidders may use State of Oregon agencies or their employees as one reference.

F.6.1. Bidders must provide references who can be contacted regarding the quality of workmanship and service provided by

Bidder.

F.6.2. The Agency reserves the right to investigate any references, whether or not furnished by the Bidder, and past performance of any Bidder in respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a product or service on schedule, and its lawful payment of suppliers, subcontractors, and employees.

F.6.3. ODFW may postpone the award or execution of the Contract after the announcement of the apparent successful Bidders in order to complete its investigation. ODFW may reject an Offer if, in the opinion of the ODFW, overall reference’s responses indicate that the Bidder is not Responsible, as determined under OAR 125-247-0500.

BIDDER REFERENCE #1:

FIRM NAME: __________________________________________________________________

ADDRESS: ___________________________________________________________________

CONTACT PERSON: ____________________________________________________________

POSITION TITLE: _____________________________________________________________

TELEPHONE NUMBER: _________________________________________________________

E-MAIL:______________________________________________________________________

BIDDER REFERENCE #2

BIDDER REFERENCE #3

SECTION G- CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

LAWS AND PREVENTION OF SEXUAL HARASSMENT, SEXUAL ASSAULT AND

DISCRIMINATION

(BIDDER MUST COMPLETE AND RETURN WITH OFFER)

By my signature below, I hereby attest or affirm under penalty of perjury: that I am authorized to act on behalf of Bidder in this matter, that to the best of my knowledge the information contained in my Bid is true and correct, and to the to the best of my knowledge Bidder has not and certifies that it will not discriminate against minority, women-owned, veteran owned, or emerging small business enterprises that is certified under ORS 200.055 in obtaining any required subcontracts, and that Bidder is not in violation of any federal or State anti-discrimination laws.

I further certify that Bidder has a written policy and practice that meets the requirements described in HB 3060 (2017) Oregon Laws, chapter 212, of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class and that Bidder is aware that having and maintaining such a policy and practice will be a material term of any Contract Award.

Signature Date

Printed Name Title

SECTION H- RESIDENCY INFORMATION

ORS 279A.120 states that for the purpose of awarding a public Contract, a contracting agency shall, “add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides."

"Resident bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid/proposal, has a business address in this state and has stated in the bid/proposal whether the Bidder is "resident bidder." ORS 279A.120(1)(b).

"Non-resident bidder" means a bidder who is not a "Resident bidder" as defined above. ORS 279A.120(1)(a).

a. Check one: Bidder is a ( ) Resident bidder ( ) Non-resident bidder.

b. If a Resident bidder, enter your Oregon business address:

c. If a Non-resident bidder, enter state of residency:

d. If a Non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state's government or with other governmental bodies in your state?

Check one: ( ) Yes ( ) No

If yes: state the preference percentage: _______%

If yes, but not a percentage of bid/proposal price, describe the preference: _______________

If yes, state the law or regulation that allows the preference described (legal citation):

SECTION I – BIDDER SIGNATURE AND CERTIFICATION

By my signature at the end of this Section I, I hereby submit a binding Offer and agree to the following terms and conditions:

1. Bidder has completely read, understands, agrees with and complies with all of the provisions of this ITB and applicable laws.

2. The Bid submitted is in response to the specific language contained in this ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

3. The Bid was prepared independently from all other Bids and Bidders, and without collusion, fraud, or other dishonesty.

4. The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder's failure to comprehend all requirements of this ITB.

5. The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Offer or in participating in the Bid Solicitation process.

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

7. Bidder accepts and agrees to be bound by the terms and conditions of the attached Sample Contract, and as modified by Addenda, and any resulting Contract(s), and agrees to provide Work in that Sample Contract.

Bidder’s Company Name:_________________________________________________________

Signature of Authorized Representative: _____________________________________________

Typed or Printed Name of Authorized Representative: __________________________________

Title: _________________________________________________________________________

Phone # ________________________________ Fax # ________________________________

Email: _________________________________________________________________________

Date Signed: ___________________________________________________________________

OREGONBUYS Supplier #: _______________________________________________________________

(THE NUMBER YOU RECEIVED WHEN YOU REGISTERED IN OREGONBUYS).

SECTION J – PRICING

(BIDDER MUST COMPLETE AND RETURN WITH OFFER) TIMBER SALE NAME: Aldrich Ponds

OREGONBUYS #: S-63500-00010361

BID OPENING DATE: /2024

FORM OF PROPOSAL

The undersigned agrees to accept and perform all of the above terms and conditions as stated in the Sample Contract for the above-cited timber sale, and Bids, and will pay:

Bid Species:

Minimum grades and volumes for Bid species are stated in the timber sale contract documents.

Douglas-fir/Western Larch, *Minimum Bid at $40.00 Dollars $ per MBF

Ponderosa pine, non-blued, *Minimum Bid at $40.00 Dollars $ per MBF

Grand Fir/White Wood spp, *Minimum Bid at $40.00 Dollars $ per MBF

Lodgepole Pine, *Minimum Bid at $30.00 Dollars $ per MBF

Pulp logs, Optional Removal *Minimum Bid at $0.10 Dollars $ per Ton

Enclosed is a Bid bond as required, consisting of a in the amount of $_________payable to the ODFW.

The undersigned agrees to execute and deliver the Contract, initial payment, required certificates of insurance, and performance bond, within

30 days of the date of the written notice of intent to award; and that any cash bid bond may be applied to the first required payment by

Successful Bidder…