ITB to Sell Surplus Spring Chinook Salmon 2024~1.pdf

March 26, 2024 OREGON DEPARTMENT OF FISH AND WILDLIFE

INVITATION TO BID

OregonBuys # S-63500-00009915

PROJECT

NAME:

SURPLUS SPRING

CHINOOK SALMON

CARCASSES SALE

BID CLOSING DATE AND TIME:

April 10, 2024 at 3:00 PM

BID POSTING DATE:

March 26, 2024

DESCRIPTION:

SALE OF SURPLUS SPRING CHINOOK SALMON CARCASSES, 2024

Contract Administrator:

Muhammad A. Latif

PHONE:(503) 947-6248 FAX:(503) 947-

E-MAIL: muhammad.a.latif@odfw.oregon.gov

SEALED BIDS by mail or in drop box or at the front desk/reception will be received at ODFW’s address listed below until 3:00 PM of April 10, 2024, at which time a public bid opening will occur.

Electronic bids by email attachment(s) to ODFW.Bids@state.or.us on or before the above date and time will also be accepted.

SALE OF SURPLUS FALL CHINOOK & COHO SALMON

OREGON DEPARTMENT OF FISH AND WILDLIFE (ODFW)

Attn: Muhammad A. Latif 4034 Fairview Industrial Drive SE Salem, OR 97302

SINGLE POINT OF CONTACT: There will be only one point of contact for this Invitation to Bid.

The contact point is the Oregon Department of Fish and Wildlife Contract Administrator listed above.

Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Contract Administrator listed above. The State’s official response to any questions or requests will be through direct letters or the addendum process.

Bidders shall submit two copies (2), with original signatures of the required bid documents (see below “X” marked sections) in a sealed envelope before bid closing date/time.

In electronic bids by email attachments, bidders must attach signed scanned copies of the following documents (see below marked with “X” in the TABLE OF CONTENTS) and transmit to:

ODFW.Bids@state.or.us before bid closing date/time.

TABLE OF CONTENTS

“X” INDICATES PAGES TO BE COMPLETED AND RETURNED

WITH BID RESPONSE*

BID DOCUMENT: Invitation to Bid/Table of Contents SECTION 1 Instructions to Bidders SECTION 2 Special Terms and Conditions SECTION 3 Insurance Requirements SECTION 4 Residency Information X SECTION 5 Affidavit of Compliance with Tax Laws X

SECTION 6

SECTION 7

Certification of Compliance with Oregon Tax Laws Certificate of Compliance with Discrimination Laws

X

SECTION 8 Signature of Bidder’s Duly Authorized Representative X SECTION 9 Bidder Qualification and Reference Form X SECTION 10 Evaluation/Selection Process SECTION 11 Bid Proposal Form

ATTACHMENTS: The following attachments are hereby incorporated by reference:

Attachment A – Sections A and B Contract of Sale Exhibit A Participating Hatcheries Exhibit B Performance Bond Form Exhibit C Fish Dealer License Application Exhibit D Payment of Sales Licenses and Permit Regulations Exhibit E Insurance Liabilities

*Bidder is responsible for completing and returning any page(s) in any attachment(s) that require a response.

SECTION 1. INSTRUCTIONS TO BIDDERS:

All bids are subject to the provisions and requirements of the Oregon Revised Statutes, and the Attorney General's Model Public Contract Rules.

BIDDERS NOTES:

1. BIDDERS NOTE:

(A) It is the responsibility of all proposed bidders to obtain bid document(s) and any addendum(s) issued. ODFW shall not be responsible for failure of bidders to obtain any issued addendum(s).

(B) Bidders may be rejected for failure to follow instructions contained in the bidding documents or any issued addendum(s).

SPECIFICATIONS

The State of Oregon, hereinafter referred to as the State, acting by and through its Department of Fish and Wildlife, hereinafter referred to as the Department, invites the public to bid for the purchase of surplus spring Chinook salmon carcasses which may become available at Department hatcheries between the months of May and September 2024.

The terms and conditions of the bid proposal shall become the terms and conditions for Contract of Sale upon acceptance of a bid by the Department. The contract will be entered into pursuant to authority granted to the Department under ORS 508.730.

For consideration of this bid, bidders must submit two copies (2), with original signatures of:

1. (Section 11)-Bid Proposal Form A (open to all) and Bid Proposal Form B (open to Oregon small businesses only), which must be completed with ink or typewritten.

2. (Section A&B)-Contract of Sale – Complete Section A only

3. (Section 4) Bidder Residency Form

4. (Section 5)-Notarized Affidavit of Compliance with Tax Laws

5. (Section 8)-Signature of Bidder’s Duly Authorized Representative Form

6. (Section 9)-Bidder Qualifications and Reference Form

7. A copy of 2024 Oregon Wholesale Fish Dealer License or a completed Wholesale Fish Dealer

License Application (see Exhibit C) and a $502.00 application fee. The license will only be issued to any successful unlicensed bidder provided that the necessary fee (and application) is received, and the bidder is otherwise qualified.

8. If electronic bids are submitted by email attachment, the bidders must attach signed scanned copies of the above documents.

All bid forms must be received by April 10, 2024 at 3:00 PM when a public bid opening will occur.

PROPOSED DEFINITION OF OREGON SMALL BUSINESS (OAR 635-007-0530):

“Oregon Small Business” is defined as a business-firm that meets the following criteria:

(a) Must be in existence, operational, and in business for profits.

(b) The principal place of business must be in the State of Oregon as determined by the address to file federal and state income taxes. If the business uses a P.O. Box address, the Department may require additional documentation to verify the location.

(c) The business must be properly licensed and legally registered with the Secretary of State in the State of Oregon (i.e., registered as a domestic corporation, limited liability corporation, partnership, or assumed business name, etc.).

(d) The business must not be a subsidiary or parent company belonging to a group of firms that are owned or controlled by the same individuals if, taken together, the group of firms do not qualify.

(e) If state or local law requires a person to have a particular license or other credential in order to own and/or control a certain type of firm, then the owner of the Oregon Small Business must possess the required license or credential.

(f) The owner must work a minimum of 20 hours per week for the business.

(g) To qualify for “small business” category, the business must have less than 10 full-time employees. A full-time employee is calculated as follows:

(i) Hours worked by all employees (part-time, seasonal, or full time) shall be converted into equivalent hours; dividing the total hours worked by 2080.

(ii) Do not include owners of the business in the calculation of the equivalent employees.

(iii)The period of calculation shall be the same as the business’s tax year.

ALLOCATION OF SURPLUS FISH TO OREGON SMALL BUSINESSES: A portion i.e., 100 fish or 5% of the estimated surplus fish in a hatchery (including males, females, and jacks), whichever is greater would be available for sale to Oregon small businesses through competitive bid process to the following groups in the following order: 1) Oregon small businesses that operate in communities in which their county has a high rate of unemployment, and 2) Other Oregon small businesses. A small business is defined as a registered business in Oregon with less than ten employees and possessing a wholesale fish dealership license. A county of high unemployment is defined as a county with an unemployment rate higher than the state’s average as determined by the most recent State of Oregon Employment Department assessment. All licenses and liability insurance requirements will apply as determined by the Agency and the State of Oregon. The Department sales surplus salmon carcasses through competitive bidding process to generate revenue for the hatchery programs to produce fish for sustainable harvests by the Oregonians. Therefore, the department reserves the right to not to offer any contract if the bid prices do not appear to be reasonable to the agency.

BID FORMS (SECTION 11): BID PROPOSAL FORM A is open to all businesses and BID PROPOSAL FORM B is restricted to Oregon Small Businesses only for bidding purpose. A small business owner may compete for fish shown in one or all BID PROPOSAL FORM B (pages 21-26). If no bids are received from the Oregon small businesses, all fish shall be awarded to the highest bidder for the hatchery. All bids must be submitted on the Bid Proposal Forms (Section 11) provided with this ITB. Bidders are to complete and provide the necessary bid information for each hatchery in which the bidder is interested. All information is to be typewritten or prepared in ink, and all bids must be signed in ink by the authorized representative bidder.

BASIS OF BID AWARD: Per facility, the bidding unit will be per fish, and categorized by hatchery, fish sex, and grade. An estimated number of returning salmon to be sold, by each category is provided for which calculation of a total bid per facility can be made.

The estimated numbers of returning salmon for each category is not to be regarded as defining the actual number of fish to be sold. The actual number of returning salmon that will be available for sale may be more or less than the estimation shown on BID PROPOSAL FORM.

Bidders may bid on any or all hatcheries, unless specified otherwise on the BID PROPOSAL FORM for any contract.

The categories of fish (Females, Males, Jacks and Sub-jacks) will be sold to the highest bidder per hatchery. Note, eggs from female fish will not be taken out and all females will be sold "egg-in" condition. Each female may carry from one to two pound(s) of eggs. Males, jacks and sub-jacks also shall be sold as whole fish.

The estimated total bid will be used as a comparison of bids only; it is not to be regarded as defining the actual total price to be paid for salmon carcasses sold under this contract. Further, the estimated total number of surplus salmon carcasses is not to be regarded as defining the actual number that may become available.

BID EVALUATION: In accordance with Part C of Section 10 below, award will be made to the highest responsible and responsive bidder(s) for each hatchery in the form that is in the State's best interest. Consequently, this Invitation to Bid may result in multiple contracts being awarded, with the highest bid per hatchery being awarded a contract. If the highest bid is below the designated minimum bid, the Department reserves the right to reject all bids and not award a contract for that hatchery. In case of a mathematical error in any bid, the price per carcass shall govern and the Department may recalculate the bid and award a contract based upon the true estimated total. In the event of a tie bid the Department will use the bid that was received the earliest as a tiebreaker. In BID PROPOSAL FORM B, if no bids are received from the Oregon Small Businesses the estimated or allocated number of fish in BID PROPOSAL FORM B shall be awarded to the highest bidder of BID FORM A for the hatchery. The Department reserves the right to reject any or all bids and to waive minor defects as may be in the best interest of the State.

BID NOTIFICATION: The Department will notify all successful and unsuccessful bidders as soon as bid results are confirmed. All bidders will be sent a bidder's summary sheet that will summarize the bid results.

BID WITHDRAWAL: Bids withdrawals must be received in person by the Department before the Closing Date and Time Deadline for bid submission. No bids may be withdrawn after the designated time set (April 10, 2024, at 3:00 pm) for the opening of bids.

BID SECURITY: A 10% bid security deposit (or a performance bond) is required from all successful bidders. The security deposit must be provided to the Department within ten (10) calendar days after the successful bidder has been notified. The security deposit may be in the form of a bid bond, cashier's check, certified check, or money order. The bid security is subject to redemption by the Department as liquidated damages, and not as a penalty, in the event a successful bidder fails to execute a contract of sale. However, this remedy is not exclusive, and the retention of the bid security shall not be a bar to the recovery of any damages sustained by the Department because of the bidder's failure to execute the contract of sale.

PERFORMANCE BOND: If the aggregate of an individual bidder’s successful bid is greater than (or equal to) $5,000, a Performance Bond will be required. The amount of the bond shall be equal to the total estimated bid(s) for all hatcheries at which the bidder is successful. The Performance Bond must meet the bond requirements necessary for obtaining a Wholesale Fish Dealer License providing no purchases of salmon or other fish are made from sources other than Department hatcheries. A cash bond in the full amount of the estimated bid(s) will be accepted in lieu of a performance bond. The performance bond must be provided to the Department within ten (10) calendar days after the successful bidder has been notified.

Bidders acknowledge and understand that in the event of a breach in any terms or conditions of the contract, the enforcement of the Performance Bond shall not be the Department's exclusive remedy.

The Department may pursue concurrently, or consecutively, any remedy it has available.

CARCASS COLLECTION: The successful bidder(s) for a hatchery (BID PROPOSAL FORM A) must accept all carcasses that the Department makes available for sale at that hatchery. The Department will notify each successful bidder when salmon carcasses become available. Once notification is given, the salmon carcasses become the property of that bidder and, as such, the bidder shall be responsible for pickup. The times, which may include weekends and holidays, when the carcasses are to be made available to the successful buyer, will be determined by the hatchery manager. Department personnel will not be available for assistance in loading carcasses after the normal workday has been completed. Any unclaimed salmon carcasses may be disposed of in any manner deemed appropriate by the Department after twenty-four (24) hours of notification; the successful bidder shall be liable to the Department for any difference between the value received upon disposal and the buyer's bid price. Successful bidder must furnish adequate, clean containers when picking up carcasses.

Upon each delivery a sales receipt shall be completed listing the hatchery of origin, species, grade, number of fish, estimated weight, and successful bidder’s name. The successful bidder and a representative of the Department shall each sign the receipt with a copy provided to that bidder. Note, receipts should always be signed by personnel representing the successful bidder, and each receipt signature should clearly identify the recipient successful bidder/vendor/business.

CONDITION OF PROPERTY: All carcasses (males, unripe females, and jacks) sold by the Department shall be in good condition and, in the opinion of Department personnel, fit for human consumption. Mature (ripe) or spawned fish will not be sold. However, the Department makes no guarantee, warranty, or representations expressed or implied of merchantability or fitness of the salmon carcasses for any use or purpose except as to general appearance, condition, and size at the time the salmon carcasses are made available for pick up.

Carcasses will be separated into grades, as defined below, at the hatcheries when they are removed from the holding ponds. Salmon carcasses will not be graded according to flesh color. Department personnel shall grade all carcasses and their decision shall be final. Any change in appearance due to delay in pick-up of carcasses shall not be accepted as justification for a change in assigned grade and shall not be considered as justification for not taking delivery.

Grade # 1: Appears to be in excellent condition. Silver to light bronze skin color with scales and fins intact. No abrasions.

Grade #2: Appears to be in reasonably good condition. Dark-silver, dark-brown, or reddish skin color.

Fish may have worn/frayed fins and/or broken lacerated skin tissue of less than 10 percent. Fish has good odor and no ulceration.

Department personnel will make the determination of adults and jacks. All decisions will be final and will be based on overall total lengths of fish (measured from the tip of the snout to the tip of the longer lobe of the caudal fin). Chinook salmon that are longer than 24 inches are considered adults, and Chinook salmon from 15 to 24 inches are jacks. Sub-jack Chinook are less than 15 inches. For Coho salmon, adults are longer than 20 inches, and jacks are 15 to 20 inches in lengths.

CATCH FEES, SALMON RESTORATION & ENHANCEMENT FEES AND OHRC FEES: The State of Oregon, pursuant to ORS 508.505, shall collect catch fee from every person operating within the state as a canner, buyer, bait dealer, retail seller, or wholesaler of any food fish a fee equal to 3.15 percent of the value of all salmon carcasses sold under this contract. The bidder/contractor as authorized by the Oregon Fisheries Restoration and Enhancement Act of 1989 must pay an additional $0.04 per pound (R&E fee) and $0.04 per pound (OHRC fees) of salmon sold under this contract.

The total catch fee will be based on the invoiced value of the salmon carcasses sold and a representative weight sampling taken by hatchery personnel during the collection period of each salmon carcass lot sold. The catch fee shall be calculated by the Department and added to the invoice statement.

PAYMENT ON SALES: Pursuant to ORS 508.515, subsection (1) (see Exhibit D, ORS Licenses and Permits regulations), fees "shall be paid to the State Fish and Wildlife Director on or before the 20th day of each calendar month for the preceding calendar month”. Invoice statements will be mailed to you promptly following sale transactions, such that payments may be prompt. Payments are to be made payable to the order of Oregon Department of Fish and Wildlife.

INTEREST: In the event that fees are not paid pursuant to ORS 508.515, subsection (1), a fine of 5 percent of the unpaid fees (or $5 dollars, whichever is greater) may be added as a late payment charge.

An additional one percent interest rate per month will be charged until the principal and interest is paid. If such payments are not made and attorney or other fees are incurred in the collection of the debt, the bidder shall be liable for all collection fees.

RECORD OF DISPOSITION: The buyer may be required to provide the Department, Oregon State Police, or other government agencies with information as to the dispositions of any carcasses by category either during or after the season.

INDEPENDENT CONTRACT STATUS: The service or services to be rendered under this contract are those of an independent bidder. Bidder is not an officer; employee or agent of the State as defined in ORS 30.265.

WORKERS’ COMPENSATION: The bidder, as an employer, shall abide by all applicable workers’ compensation laws.

INDEMNIFY/HOLD HARMLESS/DEFEND: Bidder shall indemnify, defend and hold harmless the State of Oregon and the Department of Fish and Wildlife, its officers, divisions, agents, employees and members from all claims, suits or actions of any nature arising out of the activities of the bidder, its officers, subcontractors, agents or employees under this contract.

DISCLAIMER: No claims shall be made against the State of Oregon if the actual number of salmon carcasses made available to the successful bidder (1) exceeds or is less than the numbers estimated on the bid form, or (2) are made available before or after the times estimated for delivery. If fewer than the estimated number of carcasses are available, then any or all carcass groups on the Bid Form may not be sold or only partially fulfilled.

Salmon will be used to meet all Department needs and priorities before they will be considered surplus for sale. Further, the Department reserves the right to designate any or all of the surplus salmon made available at its hatcheries for priority use by the United States, the State of Oregon and its agencies, tribal entities, or other public institutions.

2024 WHOLESALE FISH DEALER LICENSE

All bidders including Oregon small businesses must possess a 2024 Oregon Wholesale Fish Dealer License or must submit, with the bid, a Wholesale Fish Dealer License Application and required license fee. The license will be issued to the successful unlicensed bidder providing the necessary fee (and application) is received, and the bidder is otherwise qualified.

2. PROTEST OF SPECIFICATIONS OR CONTRACT TERMS: A bidder who believes bid specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the ODFW Contract Administrator. To be considered, protests shall be received at least five (5) calendar days before the bid closing date.

The right to protest bid specifications or contract terms, or both, is provided in OAR 137-046-0730, as a provision for "checks and balances" on the ITB. The ODFW Contract Administrator shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via addendum(s) on the OregonBuys website.

Envelopes containing bid protests shall be marked as follows:

BID SPECIFICATION PROTEST

ODFW, Attn: Muhammad A. Latif 4034 Fairview Industrial Drive SE Salem, OR 97302

Protest of technical or contractual requirements shall include the reason for protest, supported by documented factual information, and any proposed changes to the requirement.

3. METHOD OF BIDDING: Bidders shall submit all pricing for each hatchery for which they are bidding, as required under Section 11 of the ITB; failure to provide all pricing for each hatchery for which they are bidding may result in Bid rejection. Bidders may bid on any or all hatcheries listed on the BID PROPOSAL FORM A (Section 11), unless otherwise specified on the Bid Proposal Form for any contract and Exhibit A. BID PROPOSAL FORM B (Section 11) is only for the Oregon Small Businesses to bid. Priority shall be given to small businesses operating in areas of high unemployment rates in Oregon.

4. METHOD OF AWARD: Award of contract for each hatchery shall be made to the highest bidder and one bidder only. The Department reserves the right to withdraw any item(s) from award consideration if it is in the best interest of the State to do so. In the event of a tie bid the Department will use the bid that was received the earliest as a tiebreaker.

5. ESTIMATE OF PURCHASES: The number/quantity of fish listed in Section 11 “Bid Proposal Form” are estimates only of items that may be purchased on this ITB. These figures are intended to serve only as a guide to bidders, and are not to be construed as a guarantee. All quantities are estimated, and are for bid purposes only. The Department reserves the right to adjust quantities, add or delete, as needed.

6. BID SUBMISSION: Sealed bids, containing a minimum of two (2) original signed bid responses, including any addenda which require signature, shall be received by Department at address below on or before the date, and time-stamped by the ODFW Contract Administrator prior to bid closing date and time. No bid received after bid closing date and time shall be considered. To ensure that your bid receives priority treatment within our mailing system, your bid should be labeled with the following information:

SALE OF SURPLUS SPRING CHINOOK SALMON

OREGON DEPARTMENT OF FISH AND WILDLIFE

Muhammad A. Latif 4034 Fairview Industrial Drive SE

Bid Close: April 10, 2024 at 3:00 PM

Electronic bids by email attachment(s) to ODFW.Bids@state.or.us on or before the above date and time will also be accepted. Documents submitted by email attachments must have bidder’s signatures on them (scanned copies of signed documents).

ODFW is not responsible for the proper identification and handling of any bid not submitted in a timely manner.

7. RESERVED.

8. SIGNATURE ON BID: Bids shall be signed in ink by an authorized representative of the bidder.

Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a bid also certifies that the bidder has read, fully understands and agrees with all bid specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Invitation to Bid.

9. Bidders shall only enter information within the bid document where it is requested or required.

Bidders shall not make any alterations to the Original Solicitation Documents. Any bid that has been altered may be rejected.

10. BIDDER CERTIFICATIONS: (A) Bidder certifies that this bid has been arrived at independently and has been submitted without any collusion designed to limit independent bidding or competition.

(B) Bidder certifies compliance with State of Oregon statutory requirements governing registration of corporations and/or assumed business names.

11. RESERVED.

12. BID WITHDRAWALS: No bidder may withdraw a bid after the hour set for bid closing unless award is delayed for a period exceeding thirty (30) calendar days.

13. INVESTIGATION OF REFERENCES: The Department reserves the right to investigate the references and the past performance of any bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. The Department may postpone the award or execution of the contract after the announcement of the apparent successful bidder in order to complete its investigation. The Department reserves the right to reject any bid response or to reject all bid responses at any time prior to the Department’s execution of contract, upon good cause and upon the Department’s findings that it is in the public’s best interest.

14. PROTEST OF AWARD: Bidders shall have seven (7) calendar days, after the Department announces their intent to award, within which to file a written protest. OAR 137-046-0740 provides that the protest must specify the grounds upon which the protest is based. The ODFW Contract Administrator will not accept protests submitted more than seven (7) calendar days after the intent to award notice. After expiration of the seven-day period and resolution of all protests, the Department will proceed with final award.

15. PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS: Due to limited resources, the Department generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will the Department generally investigate the references or qualifications of those who submit such bid responses. Therefore, neither the release of a bidder’s bid bond (if applicable), the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by the Department that a response was complete, sufficient, or lawful in any respect.

16. COMMENCEMENT OF WORK: Contractor shall commence no work under this contract until all certificates of insurance have been provided and the ODFW Contract Administrator has issued a Notice to Proceed.

17. SUBSTANTIAL COMPLIANCE REQUIRED: Incomplete Bids cannot be considered, and cannot be supplemented by submissions delivered after Bid Closing. However, the Department may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

18. INSURANCE REQUIREMENTS SPECIAL NOTE: In the event that a bidder is awarded a contract, the successful bidder must submit the required proof of insurance within ten (10) calendar days of notification of Department’s intent to award. See Section 3 below for further information on Insurance Requirements relevant to this ITB.

Bidders are encouraged to consult with their insurance agent(s) about insurance requirements contained in this ITB prior to Bid submission.

SECTION 2. SPECIAL TERMS AND CONDITIONS

It is the responsibility of the bidder to be familiar with all terms and conditions contained within both documents.

1. DEFINITIONS: "State" means the State of Oregon acting by and through the Oregon Department of Fish and Wildlife as delegated by the Department of Administrative Services (DAS) pursuant to ORS 279.712(2)(c).

“ODFW” means the Oregon Department of Fish and Wildlife.

2. HEADINGS: The section headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract and are not relevant to the interpretation of any provision of this Contract.

3. CONTACT PERSON: Contractor shall designate one or more person(s) responsible for Contractor’s work under this contract. Contractor shall provide to the Department the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times. Should the contact with such person(s) require long-distance calls, the Department reserves the right to use call collect.

4. AWARD TO FOREIGN CONTRACTOR: If the amount of this contract exceeds $10,000 and if Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this contract. The State shall withhold final payment under this contract until Contractor has met this requirement.

5. SECURITY OF DOCUMENTS AND PROPERTY: All State property, materials and documents and all personal property of the State employees are to be left undisturbed and are not to be handled, read or otherwise used by Contractor or Contractor’s employees. Contractor shall consider all documents confidential. Any disclosure of confidential information or removal of State property by Contractor or Contractor’s employees shall be cause for immediate contract cancellation. Any liability, including but not limited to, attorney fees, arising from any action or suit brought against the State because of Contractor’s willful or negligent release of information, documents or property shall be borne by Contractor.

SECTION 3. INSURANCE REQUIREMENTS

The requirements and limits listed in Exhibit E and summarized below are the minimum insurance requirements for this contract:

The apparent high bidder shall provide all required proof of insurance and bonding (if required) to the Department’s Fiscal Office within ten (10) calendar days of notification of successful Award.

Failure to present the required documents within ten (10) calendar days may be grounds for bid rejection. The Department’s Fiscal office will provide the Procurement office with a copy of the proof of insurance for contract file.

Workers' Compensation: All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126.

This shall include Employer’s Liability Insurance with coverage limits of not less than $100,000 for each accident. Contractors who perform the Work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its Subcontractors complies with these requirements. The Contractor shall require proof of such Workers’ Compensation by receiving and keeping on file a certificate of insurance from each Subcontractor or anyone else directly employed by either the Contractor or its Subcontractors.

General Liability: Contractor shall maintain insurance as set forth in Exhibit E, which is attached hereto.

Automobile Liability: Contractor shall maintain insurance as set forth in Exhibit E, which is attached hereto.

Additional Insured: The liability insurance coverage, except Professional Liability if included, required for performance of this Contract shall include the State of Oregon, its departments, divisions, officers, and employees, as Additional Insureds but only with respect to the Contractor's activities to be performed under this Contract. If Contractor cannot obtain an insurer to name the State of Oregon, its departments, divisions, officers and employees as Additional Insureds, Contractor shall obtain at Contractor's expense, and keep in effect during the term of this Contract, Owners and Contractors Protective Liability Insurance, naming the State of Oregon, its departments, divisions, officers and employees as Named Insureds with not less than a $1,000,000.00 limit per occurrence. This policy must be kept in effect for 12 months following Final Completion. As evidence of coverage, Contractor shall furnish the actual policy to Owner prior to its issuance of a Notice to Proceed.

TAIL COVERAGE: If any of the required liability insurance is arranged on a "claims made" basis, "tail" coverage will be required at the completion of the Contract for a duration of 24 months or the maximum time period the Contractor's insurer will provide such if less than 24 months. Contractor will be responsible for furnishing certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of the Contract. This will be a condition of the Final Acceptance of Work or Services and Related Warranty (if any).

Notice of Cancellation or Change: There shall be no cancellation, material change, and potential exhaustion Coverage’s without thirty (30) calendar days' written notice from the Contractor or its insurer(s) to the Owner. Any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage’s provided to the State of Oregon, its Owner and their divisions, officers, and employees.

Certificate(s) of Insurance: As evidence of the insurance coverage required by this Contract, the Contractor shall furnish certificate(s) of insurance to the Oregon Department of Fish and Wildlife’s Fiscal Office within ten (10) calendar days of notification of successful Award. The certificate(s) will specify all of the parties who are Additional Insureds or Loss Payees. Insurance coverage required under this Contract shall be obtained from insurance companies or entities acceptable to Contractor and authorized to do business in Oregon. The certificates will also specify that there shall be no cancellation, material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage’s without thirty (30) calendar days' written notice from the insurer(s) to the Contractor.

Each Bidder (offeror) must read and comply with the following Sections.

Failure to do so may result in bid/proposal (offer) rejection.

SECTION 4. RESIDENCY INFORMATION

“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, has a business address in this state and has stated in the bid whether the bidder is a “resident bidder” [ORS 279.029(6)(b)].

“Non-resident bidder” means a bidder who is not a “resident bidder” as defined above [ORS 279.029(6)(c)].

a. Check one: Bidder is a ( ) RESIDENT bidder ( ) NON-RESIDENT bidder.

b. If a resident bidder, enter your Oregon business address: (physical and mailing 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 price, describe the preference:

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

SECTION 5. AFFIDAVIT OF COMPLIANCE WITH TAX LAWS

(THIS FORM NEEDS TO BE NOTARIZED AND SENT IN WITH BID)

____________________ (Affiant), being first duly sworn under oath, and representing [insert here legal name of firm] (hereafter “Offeror”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an authorized agent of the Offeror, and I have full authority from the Offeror to submit this affidavit and accept the responsibilities stated herein.

2. I have knowledge regarding Offeror’s payment of taxes, and to the best of my knowledge, Offeror is not in violation of any Oregon tax laws, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

3. Offeror shall provide written notice to Agency within two business days of any change to the Offeror’s status of tax law compliance.

Affiant’s Signature

State of ___________________________)

County of _________________________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: ____________________

SECTION 6. CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS

By my signature in Section 8 of this ITB, I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of Contractor in this matter that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws.

For purposes of this certificate, 'Oregon Tax Laws' means those programs listed in ORS 305.380(4), which is incorporated herein by this reference. Examples include the state inheritance tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and renters property tax relief program and local taxes administered by the Department of Revenue (Lane Transit District Self-Employment Tax, Lane Transit District Employer Payroll Tax, Tri-County Metropolitan Transit District of Oregon “Tri-Met” Employer Payroll Tax, and Tri-Met Self-Employment Tax).

SECTION 7. CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

By my signature in Section 8 of this ITB, I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of Contractor in this matter, and to the best of my knowledge the Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontract and that the Contractor is not in violation of any Discrimination Laws.

SECTION 8. SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

AN AUTHORIZED REPRESENTATIVE OF THE OFFEROR MUST SIGN THIS OFFER IN INK.

ANY ALTERATIONS OR ERASURES TO THE OFFER MUST BE INITIALED IN INK BY THE

UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned acknowledges, attests and certifies individually and on behalf of the Offeror that:

(1) He/she is a duly authorized representative of the Offeror, has been authorized by Offeror to make all representations, attestations, and certifications contained in the bid/proposal document and all addenda, if any issued, and to execute this bid/proposal document on behalf of Offeror;

(2) Offeror, acting by its authorized representatives, has read and understands all bid/proposal instructions, specifications, and terms and conditions contained in this bid/proposal document (including all listed attachments and addenda, if any issued;

(3) Offeror certifies that this bid/proposal had been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition;

(4) Offeror is bound by and will comply with all requirements, specifications, and terms and conditions contained in this bid/proposal document (including all listed attachments and addenda, if any issued;

(5) Offeror will furnish the designated item(s) and/or service(s) in accordance with the bid/proposal specifications and requirements and will comply in all respects with the terms of the resulting contract upon award;

(6) OFFEROR WILL PROVIDE/FURNISH FEDERAL EMPLOYEE IDENTIFICATION NUMBER

OR SOCIAL SECURITY NUMBER WITH BID/PROPOSAL SUBMISSION.

I hereby acknowledge having received and duly considered the following addenda to the specification and the following revision or additions to the plans: Addenda No __________ to No. __________ inclusive.

Bidder (COMPANY) Name: FEIN ID# or SSN (REQUIRED):

Bidder Address

Authorized Signature Date

Title of Authorized Representative

Contact Person Phone Fax

Email address (if any):

SECTION 9. BIDDER QUALIFICATIONS AND REFERENCE

All bidders shall fully complete and submit the following. Failure to provide complete information may be cause for bid rejection.

Business Name: _______________________________________________________________________

Owner Name: ___ __________________________________________________________________

Business Address: _____________________________________________________________________

Business Phone No. (Daytime): _________________ (Evenings/Weekends): _______________________

Fax Phone No.:__________________________

Date Business Established: _________________________

Name & Address of Insurance Agent(s):____________________________________________________

Telephone No.: _________________________

Processing Plant (if other than listed on previously):

(Name)

(Address)

(City) (State) (Zip Code)

Business Telephone Number: ( )

Business Fax Number: ( )

Email address:

SECTION 10 EVALUATION/SELECTION PROCESS

The following criteria will be used by the evaluation Committee to rank proposals:

A. Estimated Bid Price. The Bid Proposal Form (SECTION 11) must include a complete bid price (i.e., price per fish, total for each category, and Hatchery Total). Proposals not containing this information may be considered non-responsive and be rejected by the Agency. Price of fish must be competitive. Bidders may bid on any or all hatcheries listed on the Bid Proposal Form (SECTION 11), unless otherwise specified on the Bid Proposal Form for the contract and Exhibit A.

B. Bid Submittal Requirements. In a sealed envelope, bidders shall submit two copies (2) with original signatures of the required bid documents (see below) before bid closing date/time. All signatures must be in ink. The envelope should be properly labeled or addressed (see Section 1 item #6, page 7-8). Failure to include all listed items may result in your bid not being considered.

The required documents are:

1. (Section 11)-Bid Proposal Forms (completed with ink or typewritten)

2. (Section A&B)-Contract of Sale – Complete Section A only

3. (Section 4) Bidder Residency Form

4. (Section 5)-Notarized Affidavit of Compliance with Tax Laws

5. (Section 8)-Signature of Bidder’s Duly Authorized Representative Form

6. (Section 9)-Bidder Qualifications and Reference Form

7. Copy of a 2024 Oregon Wholesale Fish Dealer License or a completed Wholesale Fish Dealer

License Application (see Exhibit C) and a $502.00 application fee. The license will only be issued to any successful unlicensed bidder provided that the necessary fee (and application) is received, and the bidder is otherwise qualified.

C. Bid Evaluation. The Evaluation Committee will review and evaluate the bid proposals to determine to the highest responsible and responsive bidder(s) for each hatchery that is in the State's best interest.

D. Additional Requirements of the Successful Bidder. After the successful bidder(s) has been notified, the successful bidder(s) will have ten (10) calendar days to provide the following materials to the Department:

Certificate of Insurance.

10% Security Deposit.

Performance Bond or Cash Bond (if the total aggregate of an individual bid is greater than (or equal to) $5,000.

SECTION 11 BID PROPOSAL FORM A

(Open to all Bidders)

Surplus Spring Chinook Salmon Sale from Big Creek and Sandy Hatcheries, 2024

Hatchery Fish Species Fish Sex or Grade Estimated Bid Price Total Bid Price

Name Category # of Fish per Fish ($) per Grade ($)

Big Creek Spring Chinook Female (egg-in) 2 500

Hatchery Male 2 500

Jack 2 100

Sandy Spring Chinook Female (egg-in) 2 500

Hatchery Male 2 500

Jack 2 50

Total bid price for Big Creek and Sandy Hatcheries $

Note: All fish from Big Creek and Sandy hatcheries shall be sold under a single contract to the highest bidder (total highest for these two facilities). Salmon carcasses will be used with priority to meet agency's need, including tribal entitlement, and will not be considered surplus for sale until all needs, services, and agreements have been met. The number of fish that would become available may be less or more than the projections shown on this BID PROPOSAL.

Name of Bidder: Signature: Date:

Company Representing (if applicable):

SECTION 11 BID PROPOSAL FORM A

(Open to all Bidders)

Surplus Spring Chinook Salmon Sale from Cole Rivers, South Santiam, and Minto Fish Collection Facilities, 2024

Cole Spring Chinook Female (egg-in) 2 500

Rivers Male 2 500

Jack 2 250

South Spring Chinook Female (egg-in) 2 10

Santiam Male 2 500

Jack 2 100

Minto Fish Spring Chinook Female (egg-in) 2 10

Facility Male 2 500

Jack 2 100

Total bid price for Cole Rivers, South Santiam, Minto Fish Facility $

Note: All fish from Cole Rivers, South Santiam, and Minto fish collection facilities shall be sold under a single contract to the highest bidder (total highest for these three facilities).

Salmon carcasses will be used with priority to meet agency's need, including tribal entitlement, and will not be considered surplus for sale until all needs, services, and agreements have been met. The number of fish that would become available may be less or more than the projections shown on this BID PROPOSAL.

SECTION 11 BID PROPOSAL FORM B

(Open to Oregon Small Businesses only, with priority from areas with high unemployment rates)

Surplus Spring Chinook Salmon Sale from Big Creek and Sandy Hatcheries, 2024

Big Creek Spring Chinook Female (egg-in) 2 50

Hatchery Male 2 50

Jack 2 5

Sandy Spring Chinook Female (egg-in) 2 50

Hatchery Male 2 50

Jack 2 5

Total bid price for Big Creek and Sandy Hatcheries $

Note: These numbers of fish from Big Creek and Sandy hatcheries may be sold under a single contact or multiple contracts (one for each hatchery) to the highest bidder(s) from the Oregon Small Businesses.

Notable that, Salmon carcasses will be used with priority to meet agency's need, including tribal entitlement, and will not be considered surplus for sale until all needs, services, and agreements have been met. The number of fish that would become available may be less or more than the projections shown on this BID PROPOSAL.

SECTION 11 BID PROPOSAL FORM B

(Open to Oregon Small Businesses only, with priority from areas with high unemployment rates)

Surplus Spring Chinook Salmon Sale from Cole Rivers, South Santiam, and Minto Fish Collection Facilities, 2024

Cole Spring Chinook Female (egg-in) 2 50

Rivers Male 2 50

Jack 2 10

South Spring Chinook Female (egg-in) 2 0

Santiam Male 2 50

Jack 2 10

Minto Fish Spring Chinook Female (egg-in) 2 0

Facility Male 2 50

Jack 2 10

Total bid price for Cole Rivers and South Santiam Hatcheries $

Note: All fish from Cole Rivers, South Santiam, and Minto Fish Collection Facilities shall be sold under a single contract or multiple contracts (one for each hatchery) to the highest bidder(s) from Oregon Small Businesses.

Salmon carcasses will be used with priority to meet agency's need, including tribal entitlement, and will not be considered surplus for sale until all needs, services, and agreements have been met. The number of fish that would become available may be less or more than the projections shown on this BID PROPOSAL.

SECTIONS A & B

CONTRACT OF SALE

Surplus Spring Chinook Salmon Carcass Sale, 2024

Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive SE

Salem, OR 97302

NOTICE: Bidder must complete and sign Section A below and return this page with bid. If a contract is awarded to a Bidder, a representative of the Oregon Department of Fish and Wildlife will complete and sign Section B. This document, the invitation to bid and the accepted bid shall constitute the entire agreement between the parties.

SECTION A

(to be completed by bidder)

Company Name:

The undersigned certifies as follows:

1) That s/he has read and understands all requirements and specifications of the bid invitation.

2) That s/he agrees to all requirements, specifications, terms, and conditions of the

Invitation to Bid, 2024.

Contact Person: Telephone #: ( )

Authorized Signature: Date:

SECTION B

(to be completed by ODFW)

The Oregon Department of Fish and Wildlife hereby awards the contract to the above bidder to purchase surplus Spring Chinook salmon carcasses (2024) from the following facility(ies):

1) Big Creek and Sandy fish hatcheries

2) Cole Rivers, South Santiam, and Minto Fish Facility

Authorized Signature: ____________Date: ____ Shannon Hurn, Deputy Director for Administration

Exhibit A

Information of Participating Hatcheries for Surplus Spring Chinook Salmon Carcass Sales, 2024

Hatchery Name and Address Hatchery Manager Contact Information

Big Creek Fish Hatchery 92892 Ritter Road Astoria, OR 97103

Ross McDorman Tel: (503) 458- 6512 Fax: (503) 458- 6529 Email: Ross.A.MCDORMAN@odfw.oregon.gov

Sandy Fish Hatchery 39800 SE Fish Hatchery Road Sandy, OR 97055

Ryan Queen Tel: (503) 668-4222 Fax: (503) 325-2426 Email: Ryan.M.Queen@odfw.oregon.gov

Cole Rivers Hatchery 200 Cole M. Rivers Drive Trail, OR 97541

David Pease Tel: (541) 374-8393 Fax: (541) 374-8090 Email: David.A.Pease@odfw.oregon.gov

South Santiam Hatchery 43182 North River Drive Sweet Home, OR 97386

Chris Boyd Tel: (541) 367-7566 Fax:…