ITB S-DASOBO-00018179_DEQ Nephelometer_Final_DOJ approved.pdf

DAS State Procurement Services, Version 2.0 – July, 2025 1

STATE OF OREGON

Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS PS”), on behalf of Department of Environmental Quality (“DEQ”), issues

Invitation to Bid (“ITB”) under OregonBuys Bid Number

S-DASOBO-00018179

for

Nephelometers for Ambient Air Monitoring

Date of Issue: 10/12/2026

Bid Opening Date and Time: 11/17/2026, Time 1:00 PM (Pacific)

Single Point of Contact (“SPC”): Jordan Sim, State Procurement Analyst Address: 155 Cottage Street City, State, Zip: Salem, OR 97330 Phone (voice): 971-375-5154 E-mail: jordan.r.sim@das.oregon.gov

ITB S-DASOBO-00018179 – DEQ Nephelometers for Ambient Air Monitoring

DAS State Procurement Services, Version 2.0 – July, 2025 2

Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

1.2 Background

1.3 Schedule of Events

1.4 Minimum Requirements

1.5 Submission Requirements

1.6 Single Point of Contact

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys®

3.4 Reserved

3.5 Pre-Bid Conference

3.6 Questions and Requests for Clarification

3.7 Protest of ITB

3.8 Amendments

3.9 Protest of Amendments

3.10 Bid Submission

3.11 Bid Delivery

3.12 Bid Modification or Withdrawal

3.13 Late Bids

3.14 Opening and Bid Review

3.15 Firm Offer

3.16 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 References

4.4 Preferences

4.5 Price Comparison (including application of preferences) and Ranking

SECTION 5: AWARD

5.1 Notice of Intent to Award

5.2 Protest of Notice of Intent to Award

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5.3 Method of Award

5.4 Price Agreement Execution

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

6.2 Statement of Values

6.3 Government Bodies

6.4 Electronic Signatures

6.5 Cancellation and/or Rejection of Bids; Damages

6.6 Cost of Submitting a Bid

6.7 Ownership/Permission to Use Materials

6.8 Confidential or Proprietary Information; Public Records

6.9 Recycled Products

6.10 Checklist Disclaimer

6.11 COBID

ATTACHMENT A Sample Price Agreement

ATTACHMENT B Bid Cover Sheet

ATTACHMENT C Reserved

ATTACHMENT D Bid Pricing Form

ATTACHMENT E Responsibility Inquiry

ATTACHMENT F Certified Disadvantaged Business Outreach Plan

ATTACHMENT G Defined Terms

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SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through the Department of Administrative Services, Enterprise Goods and Services, Procurement Services (DAS PS), is issuing this Invitation to Bid (ITB) for THE PURCHASE OF NEPHELOMETERS FOR AMBIENT AIR MONITORING AND

SUPPORT OF INSTRUMENTS.

1.2 Background

Oregon DEQ Air Quality Monitoring maintains a network of nephelometers to make ambient air quality measurements across the state, particularly for wood smoke that affects many Oregon communities. The existing nephelometers are obsolete, can no longer be reliably repaired or maintained, and must be replaced with a newer instrument that can be maintained by DEQ staff for years to come. DEQ requires nephelometers that will integrate into existing DEQ systems and intends to procure new nephelometers to replace the fleet that will integrate into DEQ’s systems.

1.2.1 DEQ anticipates two (2) or more orders of nephelometers. The first order will include up to 20 nephelometers and delivery is preferred by April 30, 2027. Orders for the remaining instruments will be placed by Purchase Order by the Agency with delivery negotiated at the time of order.

Agency anticipates the award of one (1) Price Agreement resulting from this ITB. The initial term is anticipated to be ten (10) years, beginning the date of execution of this Price Agreement, with the option to extend.

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.

EVENT DATE TIME

Voluntary Pre-Bid Conference 10/21/2026 10:00am Questions/Requests for Clarifications Due (7 days prior to closing)

11/10/2026 2:00pm

ITB Protests Period Ends 7 calendar days prior to Bid Opening Date

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

See cover page

Opening of Bids Immediately after Due Date and

Time Issuance of Notice of Intent to Award (approximate)

11/23/26

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

Intent to Award

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Agency operating hours are Monday through Friday 7:00 AM to 3:30 PM, Pacific Time, except for State holidays and State-approved closures, including those for inclement weather.

1.4 Minimum Requirements

In order to be considered for an award under this ITB, Bidder must meet or exceed the following minimum requirements:

Air quality Nephelometers must be certified as Federal Equivalent Method (FEM) or approved reference method by USEPA for PM2.5 by EPA as listed in the Federal Register.

1.5 Submission Requirements

The Bid must include the following mandatory forms in its submittal:

1.5.1 Attachment B – Bid Cover Sheet

1.5.2 Attachment D – Bid Pricing Form

1.5.3 Attachment E – Responsibility Inquiry

1.5.4 Attachment F – Certified Disadvantaged Business Outreach Plan

1.6 Single Point of Contact

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

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

DEQ requires the sale and support of up to 50 integrating nephelometers that measure in at least two (2) wavelengths for ambient air measurement, certified as Federal Equivalent Method (FEM) by USEPA. Technical support and repair may be required in the event that DEQ staff is unable to perform repairs.

Nephelometers must:

• Be capable of measuring on at least two (2) wavelengths for red and blue scattering coefficients,

• Include internal sample heater,

• Be user-calibratable with carbon dioxide, refrigerant gas, or other gas standards with known optical properties,

• Communicate data in a way that can be read by EnviDAS data acquisition software employed by DEQ.

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SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3). Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247- 0255.

3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Price Agreement are found in OAR 125-246-0110, and set forth in Attachment G or elsewhere in this ITB or its Attachments. For ease of reference, a link to the crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys®

3.3.1 OregonBuys® posting.

This ITB, including all Amendments, attachments and exhibits is posted in the State’s e-procurement system, OregonBuys®. ITB documents will not be mailed or otherwise delivered.

3.3.2 OregonBuys® Registration Information.

Bidder must be registered in OregonBuys® to do business with the State. Registration is free. To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys® website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR INFORMATION IS CURRENT

AND CORRECT IN OREGONBUYS®. AGENCY WILL ACCEPT NO RESPONSIBILITY FOR

MISSING OR INCORRECT VENDOR INFORMATION.

3.3.3 OregonBuys® Assistance

Parties needing assistance with OregonBuys® may contact the OregonBuys® Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

3.3.4 Failure of Electronic Procurement System

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

3.4 Reserved

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf mailto:support.oregonbuys@oregon.gov

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3.5 Pre-Bid Conference

Agency will hold a voluntary pre-Bid conference. The purpose of the pre-Bid 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 that ITB requirements will change only by written Amendment issued by Agency as provided in this ITB.

The pre-Bid conference will be:

DATE

TIME

(Pacific Time)

LOCATION

October 21, 2026 10:00am

Microsoft TEAMS Join:

https://teams.microsoft.com/meet/2396733777397196?p=oEDR7aCx8wVGbCc8Yq Meeting ID: 239 673 377 739 719 6 Passcode: ii6ZQ6WT

3.6 Questions and Requests for Clarification

All questions and requests for clarification, related to this solicitation must be in Writing. The preferred method of submission is through the Q & A tab located in OregonBuys®. If Bidder is unable to submit through the Q & A tab in OregonBuys®, Bidder may email the SPC. The submitted question or request must reference the OregonBuys® ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

3.7 Protest of ITB

Prospective Bidders may submit a Written protest of the ITB, including the specifications and requirements, the terms and conditions of the sample Price Agreement, or the procurement process described in this ITB.

Prospective Bidder must submit the protest to the SPC via email. The protest must:

1. Include prospective Bidder’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds demonstrating how the procurement process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or o Improperly specifies a brand name;

4. Provide evidence and documentation supporting the grounds on which the protest is based;

5. Identify any proposed changes to the ITB provisions or other relief sought.

https://teams.microsoft.com/meet/2396733777397196?p=oEDR7aCx8wVGbCc8Yq

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Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Agency will not consider protests that do no not meet these requirements.

3.8 Amendments

Agency may change this ITB by written Amendment, posted to OregonBuys®. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

Prospective Bidder is solely responsible for checking OregonBuy®s to determine whether any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

3.9 Protest of Amendments

A prospective Bidder may submit a protest of an Amendment by the date set forth in the Amendment, or if no date is set forth, then by the close of the next Business Day after the issuance of the Amendment, whichever is later. Unless otherwise specified in the Amendment, a protest to an Amendment must be submitted in the same manner as a protest of the ITB under Section 3.7 above.

3.10 Bid Submission

The Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers and include:

3.10.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B). Attachment B must be signed by Bidder’s authorized representative.

3.10.2 Bidder shall complete and submit the Bid Pricing Form (Attachment D).

3.10.3 Bidder shall complete and submit the Responsibility Inquiry (Attachment E). Attachment E must be signed by Bidder’s authorized representative.

3.10.4 Bidder shall complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.10.5 Public Records Exemption. If Bidder believes any portion of its Bid is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Bidder must submit a statement indicating the portions that are exempt and the statutory authority for the exemption, along with both an unredacted and a redacted version of its Bid. Please refer to section 6.8 for more in-depth information.

3.10.6 Benefit Company. If Bidder is an Oregon benefit company, Bidder must submit: (1) the complete benefit report required under ORS 60.768, and (2) certify that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

3.11 Bid Delivery

Bidder is solely responsible for ensuring its Bid is received by the Bid Opening Date. Agency is not responsible for any delays in delivery. Prospective Bidders may deliver Bids to Agency through OregonBuys® at: https://OregonBuys.gov .

https://oregonbuys.gov/

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Detailed instructions on how to submit a Bid can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20So licitation%20Response.pdf

Technical Difficulties: Larger files may take additional time to upload to OregonBuys®.

Bidders are responsible for allowing sufficient time to navigate the OregonBuys® system, upload files, and finalize and submit Bids via OregonBuys® prior to the Bid Opening Date.

If technical difficulties that are no fault of Bidder prevent submission of a Bid via OregonBuys®, Bidder must immediately notify the SPC in writing, via email, to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method.

3.12 Bid Modification or Withdrawal

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. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date. For assistance with making modifications or withdrawing a Bid submitted through OregonBuys®, please contact the OregonBuys® Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

3.13 Late Bids

Agency will not accept late Bids. Bids submitted on or before the Bid Opening Date will be accepted.

3.14 Opening and Bid Review

Agency will hold the public Bid Opening through electronic means. Interested parties may attend the public Bid Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

A Microsoft Teams meeting will be held at 2:00PM PST for the Bid Opening following the specific time included in the Bid Opening Date. Be sure to have MS Teams access available on your computer or mobile phone and follow the following link

HTTPS://TEAMS.MICROSOFT.COM/MEET/2963605722194808?P=VOJNE1EOVSJ4VHDNQX

or via telephone at 1 503-446-4951, using PIN 559 427 593

Bids will be reviewed as set forth in Section 4.

3.15 Firm Offer

A Bid is a firm offer for 60 calendar days following the Opening.

3.16 Additional Rounds

If Agency believes additional rounds of review are necessary, Agency will post an Amendment on OregonBuys® defining the additional round(s).

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://teams.microsoft.com/meet/2963605722194808?p=vOjnE1EovSj4Vhdnqx

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SECTION 4: BID REVIEW

4.1 Responsiveness Determination

Agency will review all Bids received prior to the Bid Opening Date to determine if a Bid is Responsive to all ITB requirements. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid.

Agency may waive mistakes in accordance with OAR 125-247-0470. If the SPC finds the Bid non-Responsive, the Bid may be rejected.

4.2 Responsibility Determination

Agency will review the Responsibility Inquiry (Attachment E), Bid Pricing Form (Attachment D), references and other information to determine if an apparent Successful Bidder is Responsible prior to award and execution of the Price Agreement per agreement ORS 279B.110 or ORS 279C.375.

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

4.3 References

Agency will review the Reference Check Form (Attachment C) submitted by Bidder. Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.4 Preferences

Agency will apply the following preferences to the Bid Cost:

4.4.1 Reciprocal Preference. Pursuant to OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in Bidder's state.

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

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

4.4.4 Tiebreakers. If Agency receives Bids identical in cost, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement by drawing lots as outlined in OAR 125-246-0300.

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4.5 Price Comparison (including application of preferences) and Ranking

After applying all preferences, Agency will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest. PLEASE NOTE AWARD WILL BE MADE TO LOW BIDDER

OF THE NEPHELOMETER EQUIPMENT ONLY, PERCENTAGE OFF ACCESSORIES &

REPLACEMENT PARTS WILL BE INCLUDED IN THE CONTRACT FOR POTENTIAL FUTURE USE

BUT NOT EVALUATED FOR AWARD.

Agency intends to award the Price Agreement to the lowest Responsive and Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB and that provides the most favorable pricing (apparent successful Bidder). If this ITB authorizes the award of multiple Price Agreements, Agency will award the Price Agreement to the Responsive and Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in this ITB.

SECTION 5: AWARD

5.1 Notice of Intent to Award

Agency will issue a notice of Intent to Award to the apparent successful Bidder on OregonBuys®. Bid files are available for review after issuance of the Notice of Intent to Award.

5.2 Protest of Notice of Intent to Award

5.2.1 Written Protest. An Affected Person has seven calendar days from the date of issuance of the Notice of Intent to Award to file a Written protest.

A Bidder is an Affected Person, only if Bidder would be eligible for 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:

1. All lower Bids are non-Responsive.

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

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

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

5.2.2 The Affected Person must submit the protest to the SPC via email or regular mail. The protest must:

1. Include protestor’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds for the protest; and

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

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

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5.3 Method of Award

Agency will award a contract to the Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder).

5.4 Price Agreement Execution

Agency intends to enter into a Price Agreement based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Prior to execution of the Price Agreement, the apparent successful Bidder must submit the following to Agency:

5.4.1 Pay Equity Certification. If the value of the Price Agreement exceeds $500,000 and Bidder has 50 or more employees, the apparent successful Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.4.2 Non-Discrimination. As a condition of receiving the award of a Price Agreement under this ITB, the apparent successful Bidder must certify 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.

5.4.3 Insurance. The apparent successful Bidder shall obtain and provide Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.

5.4.4 Business Registry. If selected for award, Proposer must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

This ITB is governed by the laws of the State of Oregon, specifically including ORS 279B.055 and OAR 125-247-0255. The venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon;

provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 Statement of Values

The State of Oregon is committed to taking active steps toward equity and inclusion in procurement processes for minority, women, emerging small, and veteran-owned https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx http://sos.oregon.gov/business/pages/register.aspx

DAS State Procurement Services, Version 2.0 – July, 2025 13 businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this opportunity. 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.

6.3 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.

6.4 Electronic Signatures.

BY SUBMITTING A BID IN RESPONSE TO THIS ITB, BIDDER AGREES WITH AGENCY THAT

SIGNATURES, AND OTHER FORMS OF AUTHORIZED REPRESENTATIVE CERTIFICATION,

SHOWING ON DOCUMENTS SUBMITTED VIA OREGONBUYS® OR EMAIL 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.

6.5 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 Bid Opening Date identified in Section 1.2, all Bids will become part of the public record without obligation to Agency.

6.6 Cost of Submitting a Bid

Bidder 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.

6.7 Ownership/Permission to Use Materials

Bids submitted in response to this ITB become the property of the State. 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 Price Agreement, 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.

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6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Price Agreement, responses to this ITB are subject to public records 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, Bidder must submit a statement claiming the exemption and the statutory reason for the exemption and each page containing such information must identify the exemption provision and include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 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.

6.9 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 Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270- 279B.280)

6.10 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.

6.11 COBID

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: minority-owned business, woman-owned business, veteran-owned business, or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

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ATTACHMENT A

SAMPLE PRICE AGREEMENT

Attached in OregonBuys as a separate document.

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ATTACHMENT B

BID COVER SHEET

Bidder Name (printed):

Address:

City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

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

The undersigned, as Bidder’s authorized representative, certifies that:

1. Bidder understands and accepts the requirements of this ITB. Bidder acknowledges receipt of any and all Amendments to this ITB.

2. By submitting a Bid, Bidder agrees to be bound by the Price Agreement terms and conditions in Attachment A, as modified by Amendment, if any.

3. The costs set forth in Attachment D are firm for 60 Calendar Days after the Opening.

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

5. Bidder complies with and is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation taxes referenced in ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317 and 318.

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

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

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

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

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

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

https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf

DAS State Procurement Services, Version 2.0 – July, 2025 17 https://www.sam.gov/

8. Bidder certifies to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder shall promptly notify the State in writing.

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

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

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

12. If Bidder is an Oregon benefit company, Bidder certifies that the majority of the benefit company’s regular, full-time workforce is located in Oregon.

BIDDER, Authorized Representative

Signature: _______________________________________________________________________

Print Name and Title: _______________________________________________________________

Date: ____________

Email: ________________________

Telephone Number: (______) _________ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sam.gov%2F&data=05%7C02%7CSandy.CLAVET-CONNOLLY%40das.oregon.gov%7C20d5c1c77a734944e43b08dd9723da80%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C638832902425383725%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=cEouPD556UvLKXydEeigOs5c2CFHproRy4Ils69Lgl0%3D&reserved=0

DAS State Procurement Services, Version 2.0 – July, 2025 18

ATTACHMENT C

Reserved

DAS State Procurement Services, Version 2.0 – July, 2025 19

ATTACHMENT D

BID PRICING FORM

BID SUBMITTAL INSTRUCTIONS:

Bidders shall enter pricing and other required information for all Bid Items listed in this Bid Pricing Form. If this Bid Pricing Form is replaced by Addendum, Bidders shall use the Addendum form to provide pricing and other required information. If the Bid Pricing Form is only modified by Addendum, Bidders shall follow the instructions in the Addendum for making modifications to the Bid Pricing Form. Failure to supply the required information in the Bid Pricing Form, as modified by subsequent Addenda, may result in Bid rejection as non-responsive.

Please note award will be made to low bidder of the Air Quality Nephelometers only, Accessories, Replacement Parts, and Repair Services will be included in the Contract for potential use but not evaluated for award.

FOR AWARD DETERMINATION:

50 NEPHELOMETERS

BID: $ (per unit)

$ (total bid)

REQUIRED ITEMS NOT INCLUDED IN AWARD DETERMINATION:

Nephelometer Accessories

% discount off catalog price

Nephelometer Replacement Parts

% discount off catalog price

Bidder Name (Company Name):

Authorized Representative:

Address:

Phone: Email:

DAS State Procurement Services, Version 2.0 – July, 2025 20

ATTACHMENT E

RESPONSIBILITY INQUIRY

Bidder must complete and return this Responsibility Inquiry with its Bid. Agency will determine responsibility of a Bidder prior to award and execution of a Price Agreement. In addition to this form, Agency may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO .

Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party?

Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

Within the last three years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted, or convicted in connection with:

1. Obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

2. Violation of federal or state antitrust statutes relating to the submission of bids, or

3. Embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, tax evasion, or receiving stolen property?

YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

Within the last three years, has Bidder had:

1. Any contracts terminated for default by any government agency, or

2. Any lawsuits filed against it by creditors or involving contract disputes?

YES / NO .

DAS State Procurement Services, Version 2.0 – July, 2025 21

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO .

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed Price Agreement period? YES / NO

If "YES” on the first question or second question of the three questions immediately above, or “NO” on the third question, please provide additional details.

Response:

Within the last three years, has Bidder 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," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

Pay Equity Certificate. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A .

If applicable, submit a copy of the certificate with this form.

Response:

AUTHORIZED SIGNATURE: By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of their knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB:

Project Name:

By: ___________________________________________ Date:

_________________________Authorized Representative

DAS State Procurement Services, Version 2.0 – July, 2025 22

ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

Bidder Name: Date:

Contact Name: Telephone: Email:

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, veteran-owned businesses, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Bidder certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any evaluation.

1. Is Bidder an Oregon Certified Firm? Yes No

If yes, indicate all certification type(s): DBE MBE WBE SDV ESB and supply

Oregon State Certification Number: __________________________

2. Include a list of Certified Firms that Bidder has had a contractual relationship with within the last two years.

3. Include a list of firms that Bidder has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

4. Does Bidder foresee any subcontracting opportunities for this procurement? Yes No

If no, do not complete the rest of this form and submit this first page with your Bid.

If yes, please complete the following pages and submit all pages with your Bid.

DAS State Procurement Services, Version 2.0 – July, 2025 23

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONT.)

1. Describe the steps Bidder will take to solicit Certified Firms for subcontracting opportunities if awarded a Price Agreement from this procurement.

2. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Price Agreement.

3. Would Bidder be willing to report the identity of each subcontractor and the value of each subcontract to COBID if awarded a Price Agreement from this procurement?

DAS State Procurement Services, Version 2.0 – July, 2025 24

ATTACHMENT G

DEFINED TERMS

For ease of reference, a crosswalk of terms used in OregonBuys® to terms defined in Oregon Administrative Rules is included in this attachment.

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys®) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum will be labeled as such and must be made available to all interested Bidders in accordance with OAR 125-247- 0305(8). The plural form of “Addendum” is “Addenda.”

“Amendment” “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

"Bid" (referred to as “Quote” in OregonBuys®) means Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

“Bid Solicitation” Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys®.

“Change Order” A formal change to an existing MBPO (i.e., any form of contract, agreement, price agreement or on-call contract, etc., purchase order or work order contract).

"Closing" (referred to as “Bid Opening Date” in OregonBuys®) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

“Master Blanket Purchase Order” (“MBPO”) Any form of contract, agreement, price agreement or on-call contract, etc., purchase order, or work order contract.

"Opening" means the date/time set to read the Bid submittals.

"OregonBuys® System" or “OregonBuys®” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services. The OregonBuys® System website is: https://oregonbuys.gov/bso/.

“Quote” Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

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

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

DAS State Procurement Services, Version 2.0 – July, 2025 25

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

“Vendor” Any form of business entity registered in OregonBuys®.

CROSSWALK OF TERMS USED IN OREGONBUYS® Please see this link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf