ITB_S-6600_John Day Detection_Final.pdf

OregonBuys Bid # S-62900-00006600 – John Day Exclusive Use Fixed Wing Detection Aircraft Services

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FORESTRY (ODF)

CENTRAL OREGON DISTRICT JOHN DAY UNIT

EXCLUSIVE USE FIXED WING DETECTION

AIRCRAFT SERVICES

Invitation to Bid (ITB) Contract

ITB NUMBER: S-62900-00006600

Date of Issue: 05/10/2023

Opening Date and Time: 05/24/2023, at 2:00 PM (PST)

Single Point of Contact (SPC): Daniel (DJ) Carpenter, Contracts Officer

Address: 2600 State Street, Bldg. E City, State, Zip: Salem, OR 97310 Phone (voice): 503-507-6257 Phone (fax): 503-945-7268 E-mail: daniel.carpenter@odf.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:stacy.l.fulker@odf.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

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/AMENDMENT

2.8 PROTEST OF ADDENDUM/Amendment

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 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 PREFERENCES

4.7 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

7.7 CERTIFIED FIRM PARTICIPATION

7.8 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B – INSURANCE

EXHIBIT C – INDEPENDENT CONTRACTOR CERTIFICATION

EXHIBIT D – COMPENSATION

EXHIBIT E – PILOT SUMMARY

EXHIBIT F – AIRCRAFT SUMMARY

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCES

ATTACHMENT D – BID SUBMITTAL

ATTACHMENT E – RESPONSIBILITY INQUIRY

ATTACHMENT F – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G – CHECKLIST

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Forestry, (“Agency” or “ODF”), is issuing this Invitation to Bid (ITB) to establish a Contract for the furnishing of all equipment and labor to perform aerial Exclusive Use Fixed Wing Detection Aircraft Services (“Services”) for ODF’s Central Oregon District (“COD”), John Day Unit. The primary purpose of the Services is to assist in aerial detection reconnaissance missions of wildfires, the air tactical supervision and coordination of wildfire suppression efforts, and other related assignments.

Additional details on the Scope of the Services are included in Section 1.2 (Scope of Work/Statement of Work/Specifications).

Agency anticipates the award of one Contract resulting from this ITB. The initial term is anticipated to be one year with an option to renew for four annual renewal terms, up to a maximum of five years. If awarded, the Services shall begin on or around July 1st, weather depending, of each term.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

The awarded Contractor must provide certified pilot(s) and a 4-place high-wing airplane single or twin engines, turbine or piston engine with a minimum of 230 horsepower, certified in the normal or utility category (higher performance or equivalent to a Cessna Series 180, 182, 185, or 206).

The power loading of the operating weight of the aircraft shall not exceed 13.5 pounds per horsepower. This airplane shall be equipped as required by 14 CFR FAR Part 91.203 and 91.205.

Federal Cooperation Requirements:

The aircraft and pilots provided must meet federal approved standards for the mission in the United States Forest Service (USFS) carding system for the 2023 fire season and subsequent years.

Aircraft must meet the specifications outlined in the USFS Region 6 Call When Needed Light Fixed Wing Services Solicitation (No. 1204H119Q000) and hold a current Aircraft card. Aircraft with current Department of Interior Office of Aviation Services (OAS) cards that do not meet USFS specifications as outlined in the in the USFS Region 6 Call When Needed Light Fixed Wing Services Solicitation (No. 1204H119Q000) will not be accepted. OAS carded aircraft that do meet USFS specifications as outlined in the USFS Region 6 Call When Needed Light Fixed Wing Services Solicitation (No. 1204H119Q000) must be inspected by the USFS for compliance and a Cooperator Letter of Approval must be issued upon passing the cooperator inspection, before the aircraft can perform any Services under the Contract.

The awarded Contractor’s primary and relief pilots must be FAA Part 135 certified and hold a current pilot qualification card from OAS or the USFS for flight operations related to the Contract and must meet or exceed the pilot flight time minimums listed in Section 9.C and 9.D of Exhibit A “Statement of Work”, of Attachment A “Sample Contract”. The ODF reserves the right to inspect the awarded Contractor’s pilot records and logbooks for Contract compliance any time during the Contract.

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The awarded Contractor’s pilots must have and show proof of current USFS/OAS carding. For pilots with card(s) expiring before June 1, 2023, the Bidder must provide proof via email of a federal inspection date with its Bid. ODF may proceed with awarding the Contract in anticipation that the inspection will be passed and 2023 federal carding will be approved for fire season. The awarded Contractor’s failure to receive required carding for the 2023 fire season and subsequent years may result in Contract termination.

The Services will be utilized primarily by the ODF’s Central Oregon District, John Day Unit, which includes areas Grant, Harney, Wheeler, Morrow, and Gilliam Counties. The aircraft must be primarily based at the Grant County Regional Airport in John Day, Oregon, unless requested by ODF to relocate to a secondary base of operation. Additional areas of operation could include anywhere in the State of Oregon as a contingency for fire emergency and the following States:

California, Washington, Idaho, and Nevada. The awarded Contractor must be able to move the aircraft to the secondary base of operation upon dispatch by ODF. The Contract may also be utilized by ODF’s cooperators.

Refer to Attachment A “Sample Contract”, Exhibit A “Statement of Work” for detailed specifications of required Services and other exhibits for additional details that will be required under the Contract.

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)

Questions and Clarifications Due May 15, 2023 5:00 PM Answers to Questions and Clarifications Due

(approximate) May 16, 2023

ITB Protests Period Ends 7 calendar days prior to ITB Opening

Opening (Due date and time to submit Bids) See cover page Opening of Bids May 24, 2023 2:00 PM

OregonBuys Notice of Intent to Award (approximate)

May 31, 2023

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

Contract Execution (approximate) June 8, 2023

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

“Cooperator Letter of Approval” means a letter issued by the USFS approving ODF contracted aircraft and pilots for cooperative use on federal lands or federally managed fires.

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“Daily Availability” means a nine-hour period during which Contractor’s aircraft and pilot are immediately available for dispatch, with pre-flight inspection completed and ready for flight within 15 minutes of notification from ODF. The rate for each nine-hour period is the Daily Availability rate.

“Extended Standby” means any hours the pilot and aircraft are requested to be available beyond the nine-hour Daily Availability.

“Extension Term” means an extension, in 5-day increments, beyond the 60-day period in any given Term, not to exceed a total of 90 consecutive Days in any calendar year.

"Home Base” means the base or home unit of operations where the Contractor’s pilot and aircraft typically operate from when not working under contract.

"Initial Term” means a 60-day period in the first year of the Contract, beginning on the Effective Date.

“Observation Flight(s)” means a flight in which an experienced pilot flies the aircraft at lower altitudes with an observer, keeping the aircraft in the correct position to provide the observer the best possible view of the area to be observed. In order to be an experienced pilot under this definition, the experience is not limited to fire aerial detection and Observation Flights.

“Primary Base” means the base designated by ODF as the location for Contractor’s pilot and aircraft to operate from for all terms of the Contract. The Primary Base is located at the Grant County Regional Airport in John Day, Oregon.

“Renewal Term” means a 60-day period in subsequent years of the Contract after the Initial Term, as agreed upon by the parties and continuing for one year.

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

“Secondary Base” means a base designated by ODF as the location for Contractor’s pilot and aircraft to operate from that is not the Primary Base. The Secondary Base is usually designated when the return to the Primary Base is unfeasible.

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

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

“USFS /OAS Carding” means cards issued by the United States Forest Service or Office of Aviation Services after successful pilot, aircraft, personnel, and equipment inspections.

1.5 SINGLE POINT OF CONTACT

All communications related to any provisions of this ITB (including but not limited to questions, requests for clarification, protests about any component of this ITB, 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 conducting this ITB pursuant to its authority under ORS 477.406 and OAR 629-041-0100.

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2.2 PROCUREMENT METHOD

The Oregon Attorney General’s Model Public Contract rules (OAR Chapter 137, Divisions 46 and 47) apply to this solicitation. If necessary, judicial review of responses to solicitation protests, responses to award protests, or review of any other alleged violation of procurement processes for this solicitation is governed by ORS 183.484, and not ORS 279B.405, ORS 279B.415 and ORS 279B.420. See OAR 629-041-0100.

2.3 PRE-BID CONFERENCE

A pre-Bid conference will not be held for this ITB.

2.4 OREGONBUYS

This ITB, including all Addenda/Amendments, attachments and exhibits are published on OregonBuys e-procurement system https://oregonbuys.gov/bso/ (“OregonBuys”) and will not be mailed.

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 the ITB number.

Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum/Amendment 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 must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum/Amendment. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB number;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

https://oregonbuys.gov/bso https://oregonbuys.gov/bso/

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a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the protest is based.

• Any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency.

2.7 ADDENDUM/AMENDMENT

Unless otherwise stated in the ITB, Agency will post any Addendum/Amendment on OregonBuys.

Addendum/Amendment are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties in OregonBuys. Bidder is responsible for monitoring OregonBuys regularly until ITB Opening. Agency is not responsible for sending Addendum/Amendment to any prospective Bidder.

2.8 PROTEST OF ADDENDUM/AMENDMENT

Unless a modified deadline is set forth through Addendum/Amendment, a prospective Bidder may submit a protest of the Addendum/Amendment by the close of the next business day after the issuance of the Addendum/Amendment, 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/Amendment, 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 180 calendar days from Opening.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid via email. The Bid should be presented in a format corresponding to 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

Bids must be emailed to the SPC identified on the cover page of this ITB. Bidder shall include the ITB number in the subject line of the email. Bidder is solely responsible for ensuring its Bid is received by the SPC in accordance with the ITB requirements, by Opening. Agency will not be responsible for any delays in delivery or incomplete Bids or Bids that were not correctly addressed to email of SPC identified on the cover page.

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

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

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

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

3.2.4 BID MODIFICATION

A Bid submitted in response to this ITB may be modified, in writing, by the Bidder prior to Opening. It is the responsibility of the Bidder to ensure modified Bids are submitted before the Opening date and time.

A Bidder wishing to make modifications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.5.

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

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

• Include the ITB number.

• Bid modifications shall be submitted electronically (via email). Oral or telephonic modifications will not be accepted.

Bid modifications submitted must be clearly marked as such and must comply with all Bid submission requirements in Section 3.2.2.

3.2.5 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to the Opening date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative, and be received by the SPC identified on the cover page of this ITB prior to the Opening date and time.

3.2.6 LATE BIDS

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

3.2.7 OPENING OF BIDS

A public Bid Opening will be held via electronic means “by appointment only”. Bidders who wish to attend a public Bid Opening must notify the SPC at least 48 hours prior to Bid Opening, to allow time for planning and scheduling. Bids received in response to this Solicitation Document will be opened during the scheduled Opening date and time identified on the cover

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3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this Section 3.3 and its subsections MAY be considered nonresponsive.

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

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

3.3.1 OPENING

Bids must be submitted by Opening to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms and information:

• Attachment B – Bid Cover Sheet

• Attachment C – References

• Attachment D – Bid Submittal

• Attachment E – Responsibility Inquiry

• Exhibit E – Pilot Summary and copy of Airmen Certificate for each Pilot

• Exhibit F – Aircraft Summary

• Copy of current USFS/OAS cards for each aircraft(s) and pilot(s) as required (and proof via email of inspection date; only applicable when provided card(s) are expiring before June 1st, 2023).

Optional Bid Submissions (Successful Bidder may be required to submit the following forms and information):

• Attachment F – COBID Certification / Outreach Plan

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 3 references, on Attachment C – References, from similar projects performed for any clients within the last 5 years. Information provided must include for each reference the firm name, contact person, telephone number, and email address.

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3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS

All requirements listed within Exhibit A, Statement of Work within Attachment A, Sample Contract must be met.

3.3.6 KEY PERSONS

The awarded Contractor must provide pilots that have the following qualifications:

i) Pilots, primary and relief pilots, must possess a current and valid FAA commercial pilot certificate or equivalent certificate, appropriate aircraft ratings, and must be instrument rated. Pilots must be FAA Part 135 certified and hold a current FAA pilot qualification card. Pilots must hold a current pilot qualification card from OAS or the USFS, for flight operations related to the awarded Contract and must meet or exceed the pilot flight time minimums listed below.

ii) Primary pilot shall have a minimum of two (2) years of successful professional experience performing aerial detection or Observation Flights.

Pilots must have accumulated, as Pilot-In-Command, the following flight time minimums:

i) Total Time…………………………………………………………………….1,500 hrs.

ii) Pilot-in-Command………………………………………………………....1,200 hrs.

iii) Pilot-in-Command in category & class to be flown……………..200 hrs.

iv) Cross-Country…………………………………………………………………500 hrs.

v) Flying over typical terrain and conditions……………………….....200 hrs.

vi) Category – Preceding 12 months…………………………………….....100 hrs.

vii) In make and model w/in 60 days prior to flight………………….10 hrs.

viii) In make and model to be flown………………………………….….…...25 hrs.

ix) Night (all aircraft) ……………………………………………..……………..100 hrs.

x) Instrument – actual and simulated total………………….………….75 hrs.

3.3.7 BID REQUIREMENTS

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

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

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4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent Successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment E) with Bid.

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

4.3 COST COMPARISON

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

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

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

The minimum qualifications are identified in the Material and Technical Requirements from Section 3.3.5 above.

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 PREFERENCES

4.6.1 RECIPROCAL PREFERENCE

For Bid calculation purposes per OAR 137-046-0310, Agency will add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state. Agency will use the NASPO.org website to determine state bidding preferences:

https://www.naspo.org/research-innovation/state-preference-repository/

4.6.2 TIEBREAKERS

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

https://www.naspo.org/reciprocity1

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4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest cost, Responsive Bid. 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.

4.7.2 MULTIPLE ITEMS

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

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 by appointment.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in

ORS 279B.410:

• All lower Bids are non-Responsive.

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

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

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

279A or ORS Chapter 279B.

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

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email

• Reference the ITB number

• Identify Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

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5.2.2 RESPONSE TO PROTEST

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 PAY EQUITY

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

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

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

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

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

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

5.4 NONDISCRIMINATION IN EMPLOYMENT

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

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

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

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

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SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. Some of the Contract provisions, attached hereto as Attachment A, may be negotiable; however, many provisions cannot be changed.

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

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder.

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 Opening identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

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7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Responses to this ITB are subject to the Oregon Public Records Law and may be released in response 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, then Bidder must specifically identify those portions of its Bid that it believes should be confidential or otherwise exempt, and the authority to support this position.

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)

7.7 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns, or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=or egon4biz

If the Contract has potential subcontracting opportunities, the Successful Bidder may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

7.8 CHECKLIST DISCLAIMER

Any checklists contained in this ITB are provided only as a courtesy. Agency makes no representation as to the completeness or accuracy of any checklist. Prospective Bidders are solely responsible for reviewing and understanding this ITB and complying with all requirements.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz