ITB UDSA Food Carrier and Warehouse Services Final.docx

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Attached to
USDA Food Carrier and Warehouse Services
Solicitation number
S-DASOBO-00015789
Issued by
Oregon

About this file

This is an Invitation to Bid (ITB) issued by the State of Oregon Department of Administrative Services, State Procurement Services, on behalf of the Department of Education, for USDA Food Carrier and Warehouse Services under OregonBuys Bid Number S-DASOBO-00015789. The solicitation seeks a qualified contractor to operate as the Oregon statewide USDA Foods warehouser and distributor, providing inbound receiving, storage, allocation, inventory control, order fulfillment, distribution, and communication and reporting services to approximately 210 school districts and private institutions participating in Oregon's Food Distribution Program. The program serves approximately 200 Recipient Agencies representing approximately 300 active delivery sites. During State Fiscal Year 2025, approximately 60 types of food totaling approximately 210,000 cases were distributed, comprising approximately 107,000 cases of dry foods, 13,000 cases of refrigerated foods, and 90,000 cases of frozen foods. The voluntary pre-bid conference is scheduled for March 30, 2026, at 9:00 AM, with questions and requests for clarification due by 5:00 PM on the same date. Bids are due April 6, 2026, at 5:00 PM Pacific Time. The Notice of Intent to Award is anticipated for April 10, 2026. The contract will be awarded to a single bidder for an initial term of five years with no option to renew.

Bidders must meet minimum requirements including a minimum of five years of experience in wholesale food distribution or public warehouse food distribution, active FDA Food Facility registration, an active Oregon Food Warehouse license, and certification of compliance with all Warehouse Computer System and Reporting Requirements. The ITB employs a multi-step competitive sealed bidding method, with Step One requiring evaluation of system technology and reporting capabilities on a pass/fail basis and Step Two evaluating price bids from eligible bidders. Award will be made to the lowest responsive and responsible bidder with the most favorable pricing. The apparent successful bidder must submit proof of pay equity compliance if the contract exceeds $500,000 and the bidder has 50 or more employees, provide proof of insurance as specified, and certify non-discrimination policies. All bids must be submitted through OregonBuys; no public bid opening will be held. Bidders may protest the ITB, amendments, or the Notice of Intent to Award within specified timeframes. Bids are firm offers for 90 calendar days following the opening.

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Other files

File Type Posted
Attachment H Historical Data WBSCM School Year 2025.xlsx XLSX spreadsheet
Attachment E Responsibility Inquiry.docx DOCX document
ITB S-DASOBO-00015789 Addendum 1.docx DOCX document
Attachment A Sample Contract~4.docx DOCX document
Attachment G Defined Terms.docx DOCX document
Attachment C Warehouse System Technology and Reporting Requirements.docx DOCX document
Attachment B Bid Cover Sheet.docx DOCX document
Attachment F Certified Disadvantaged Business Outreach Plan.docx DOCX document
Attachment D Bid Pricing Form.docx DOCX document

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ITB S-DASOBO-00015789 – USDA Food Carrier and Warehouse Services

STATE OF OREGON

Department of Administrative Services, State Procurement Services, on behalf of the Department of Education, issues Invitation to Bid (“ITB”) under OregonBuys® Bid Number # S-DASOBO-00015789 for United States Department of Agriculture (“USDA”) Food Carrier and Warehouse Services Date of Issue: 03/23/2026 Bid Opening Date and Time: 04/06/2026, Time 5:00 PM (Pacific Time) Single Point of Contact (“SPC”): Skye Laidler, Procurement & Contract Specialist

Address:1225 Ferry Street SE
City, State, Zip:Salem, OR 97301
Phone (voice):971-446-1341
E-mail:skye.laidler@das.oregon.gov

Table of Contents

SECTION 1:GENERAL OVERVIEW4
1.1Summary Overview4
1.2Schedule of Events4
1.3Minimum Requirements5
1.4Submission Requirements5
1.5Single Point of Contact6
SECTION 2:SERVICES6
2.1Scope of Work6
2.2Overview of Services and Process6
2.3Historical Information7
SECTION 3:PROCUREMENT PROCESS7
3.1Procurement Authority and Method7
3.2Step One – Computer System and Reporting Capabilities Evaluation7
3.3Step Two – Bid Evaluation7
3.4Defined Terms8
3.5E-Procurement System: OregonBuys®8
3.6Reserved8
3.7Pre-Bid Conference8
3.8Questions and Requests for Clarification9
3.9Protest of ITB9
3.10Amendments10
3.11Protest of Amendments10
3.12Bid Submission10
3.13Bid Delivery11
3.14Bid Modification or Withdrawal11
3.15Late Bids11
3.16Opening and Step Two Bid Price Review12
3.17Firm Offer12
3.18Additional Rounds12
SECTION 4:BID REVIEW12
4.1Responsiveness Determination12
4.2Responsibility Determination12
4.3Reserved12
4.4Preferences and Tiebreakers.12
4.5Price Comparison (including application of preferences) and Ranking13
4.6Notice of Intent to Award13
4.7Protest of Notice of Intent to Award13
4.8Method of Award14
4.9Contract Execution14
SECTION 5:ADDITIONAL INFORMATION14
5.1Applicable Statutes and Rules14
5.2Statement of Values15
5.3Government Bodies15
5.4Electronic Signatures.15
5.5Cancellation and/or Rejection of Bids; Damages15
5.6Cost of Submitting a Bid15
5.7Ownership/Permission to Use Materials15
5.8Confidential or Proprietary Information; Public Records16
5.9Recycled Products16
5.10Checklist Disclaimer16
5.11COBID16

LIST OF ATTACHMENTS

ATTACHMENT A Sample Contract ATTACHMENT B Bid Cover Sheet ATTACHMENT C Warehouse System Technology and Reporting Requirements ATTACHMENT D Bid Pricing Form ATTACHMENT E Responsibility Inquiry ATTACHMENT F Certified Disadvantaged Business Outreach Plan ATTACHMENT G Defined Terms ATTACHMENT H Historical Data WBSCM School Year 2025

GENERAL OVERVIEW

Summary Overview The State of Oregon, acting by and through its Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of the Oregon Department of Education, (“Agency”), is issuing this Invitation to Bid (ITB) for USDA food carrier and warehouse services (“Services”).

Background:

The Agency is responsible for the administration of the USDA Food Distribution Program (“FDP”) in Oregon. The Food Distribution Program is a nutrition assistance program that provides schools with healthy and nutritious foods through USDA Foods to Recipient Agencies (“RA”). A Recipient Agency is an approved entity which operates or sponsors a Child Nutrition Program in Oregon to meet the nutritional needs of their participants through the FDP. Each Recipient Agency is assigned a sponsor number and may also be assigned an RA number, should they participate in FDP. FDP assistance helps cover the costs of providing meals.

USDA Foods delivered to the contracted warehouse are the property of Agency. Communication and Reporting are required to ensure Agency meets its regulatory requirement to ensure accurate records, timely response to delivery or food quality issues, inventory management, and other oversight of the FDP. Contractor and Agency communicate frequently as needed for uninterrupted service; required reports are submitted regularly.

By submitting an Offer, Bidder agrees to supply all Services ordered during the term of any awarded Contract.

DAS SPS anticipates the award of 1 Contract resulting from this ITB. The initial term is anticipated to be 5 years with no option to renew.

Schedule of Events The table below represents a tentative schedule of events. DAS SPS may modify these dates at any time, with appropriate notice. All times are Pacific Time.

EVENT
DATE
TIME

Voluntary Pre-Bid Conference

March 30, 2026
9:00 am
Questions/Requests for Clarifications Due
March 30, 2026
5:00 pm

Responses to Questions/Requests for Clarifications Issued (approximate)

March 31, 2026

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

Issuance of Notice of Intent to Award (approximate)
April 10, 2026
Notice of Intent to Award Protest Ends
7 calendar days from Notice of Intent to Award

DAS SPS operating hours are Monday through Friday 8:00 AM to 4:30 PM, Pacific Time, except for State holidays and State-approved closures, including those for inclement weather.

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

A minimum of five (5) years of experience in either wholesale food distribution or as a public warehouse distributing food.

Bidder must certify that Bidder meets all requirements in Attachment C, Warehouse Computer System and Reporting Requirements Form.

Bidder must be registered as an active FDA Food Facility.

Bidder must maintain and have an active Oregon Food Warehouse license.

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

Attachment B – Bid Cover Sheet Attachment C – Warehouse System Technology and Reporting Requirements Form Attachment D – Bid Pricing Form (as separate attachment) Attachment E – Responsibility Inquiry Attachment F – Certified Disadvantaged Business Outreach Plan Additional documents as described in Section 3.12.6 The Bid may include the following optional forms in its submittal:

Optional: Public Records Exemption Statement and redacted copy of Bid Optional: Completed Benefit Report required under ORS 60.768, if certified as a benefit company

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.

SERVICES

Scope of Work Successful Bidder will operate as the Oregon statewide USDA Foods warehouser and distributor performing but not limited to the services listed below. Bidder must be able to provide services throughout the entire state.

1. Inbound receiving including inspection, verification, documentation, and receipting.

2. USDA Foods storage, allocation, and management.

3. Inventory control.

4. Order fulfillment and distribution.

5. Communication and reporting.

6. Recall and emergency management.

Overview of Services and Process Upon Contract award, the successful awarded Bidder must perform all Services required in Attachment A, Sample Contract, Exhibit A Statement of Work.

Below is an overview of the process for USDA Direct Delivery foods shipments:

1. Recipient Agencies request USDA food during the Agency ordering period.

2. Agency orders the requested food from USDA.

3. USDA purchases the food and ships it directly to Contractor’s warehouse.

4. Contractor receives and stores the food and uses the federal Web-Based-Supply-Chain-Management system (WBSCM) to process USDA inbound shipment receipts.

5. RAs use Contractor web-based inventory and ordering system to schedule delivery of the food from the Contractor to their delivery sites.

6. Contractor fulfills the requests and delivers the food to the Recipient Agency.

7. Contractor provides all federal and state reporting to Agency and cooperates with Agency oversight.

Historical Information Approximately 210 school districts and private institutions participate in the Oregon’s Food Distribution Program (“FDP”). Approximately 200 of these participants are RAs receiving USDA Foods Direct Delivery products, representing approximately 300 active delivery sites. The number of Recipient Agencies may increase or decrease during the Contract period.

During the State Fiscal Year 2025, approximately 60 types of food were distributed, amounting to approximately 210,000 cases. Of these, approximately 107,000 cases were dry foods, 13,000 cases were refrigerated foods, and 90,000 were frozen foods. Items and quantities will vary from year to year. Attachment H includes the WBSCM sales orders report for school year July 1, 2024- June 30,2025 and shows the quantities of cases per load and the types of products that the Agency orders on behalf of RAs. The FDP is subject to change in terms of volume and types of products available from USDA which could affect storage requirements and carrier capacity needed.

PROCUREMENT PROCESS

Procurement Authority and Method DAS SPS is conducting this ITB pursuant to OAR 125-246-0140. DAS SPS is using the Multi-Step Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255.

Bidders wishing to Bid on this ITB, must submit the documents and pass the evaluation as defined in Section 3.2, Step One – Computer System and Reporting Capabilities Evaluation to be eligible for inclusion of their price Bid in Step Two.

Step One – Computer System and Reporting Capabilities Evaluation DAS SPS will evaluate Step One based on Bid Submission Warehouse System Technology and Reporting Requirements Form (Attachment C) and the example(s) of Bidder’s system generated inventory movement report as required in Section 3.12.6.3.

Bidder submission documents will be evaluated on a pass/fail basis. All document submissions must be complete, signed by Bidder’s authorized representative if required, and include all requested information defined in Section 3.2.1 Submission to receive an evaluation “pass” score. Only Bidders who receive a “pass” score for Step One, will be eligible for Bid Price evaluation in Step Two. Submissions that are not complete, signed, and do not include all required information defined in Section 3.2.1 will be deemed non-Responsive and will receive an evaluation “fail” score.

DAS SPS will only consider price Bids in Step Two from Bidders whose bid submittals are found eligible in Step One.

Step Two – Price Comparison and Ranking Eligible Bidders who pass Step One, Computer System and Reporting Capabilities Evaluation, the Responsibility and Responsiveness Determinations, will be moved to Step Two, Price Comparison and Ranking. Bidder Attachment B, Bid Pricing Forms will be opened and evaluated per Section 4.

Defined Terms Defined terms applicable to this ITB and the resulting Contract 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.

E-Procurement System: OregonBuys® 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.

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®. DAS SPS WILL ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR INFORMATION.

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.

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, DAS SPS 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.

Reserved Pre-Bid Conference DAS SPS 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 DAS SPS. Bidders are cautioned that ITB requirements will change only by written Amendment issued by DAS SPS as provided in this ITB.

Interested parties may participate in the Pre-Bid Conference by virtually attending the Microsoft Teams meeting or calling in per the link and telephone number below:

Join on your computer, mobile app, or room device.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/21142033055277?p=UXeOIKNoOGsjys9zbk Meeting ID: 211 420 330 552 77 Passcode: ft7GV7i2

Dial in by phone +1 503-446-4951,,269830258# United States, Portland Find a local number Phone conference ID: 269 830 258#

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.

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 Contract, 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:

· Contrary to law, and/or

· Unnecessarily restrictive, and/or

· Legally flawed, and/or

· 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.

DAS SPS will address all protests meeting the requirements within a reasonable time and will issue a written decision. DAS SPS will not consider protests that do not meet these requirements.

Amendments DAS SPS 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 OregonBuys® to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the ITB by this reference.

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.

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

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

Warehouse System Technology and Reporting Requirements Form (Attachment C). Attachment C must be signed by Bidder’s authorized representative.

Bidder shall complete and submit the Bid Pricing Form as a separate attachment in OregonBuys®. The submission as a separate attachment serves as a separate sealed envelope for purposes of satisfying OAR 137-047-0257. (Attachment D).

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

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

Bidder shall submit the following additional documents:

Document illustrating the Bidder’s active FDA Food Facility registration; and Copy of the Bidder’s active Oregon Food Warehouse license.

An example of Bidder’s system generated report(s) showing Bidder’s capability to provide the required inventory movement reporting per Attachment C, Warehouse System Technology and Reporting Requirements. Example report(s) must include the minimum following information:

1. Received shipment identifier (sales order number),

2. Transaction date,

3. Item code, description, and quantity allocated to customer,

4. Transaction/entry type (i.e. shipments received and delivered to customer, positive and negative adjustments with reason, returns),

5. Customer identification number and name, and

6. Item quantity remaining in customer allocation.

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.

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.

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

Detailed instructions on how to submit a Bid can be found at: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%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.

Bid Modification or Withdrawal A Bidder wishing to make modifications to a Bid already received by DAS SPS must withdraw its Bid in OregonBuys® in order to make modifications and resubmit the Bid. If a Bidder wishes to withdraw its Bid, Bidder must withdraw its Bid in OregonBuys® and 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.

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

Opening and Step Two Bid Price Review A public Opening of Bids will not be held for this ITB. A list of all eligible Bidders will be posted on OregonBuys® within 5 business days of Bid Opening Date.

Price Bids will be reviewed as set forth in Section 4.

Firm Offer A Bid is a firm offer for 90 calendar days following the Opening.

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

BID REVIEW

Responsiveness Determination Bids received prior to the Bid Opening Date will be reviewed by DAS SPS 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. DAS SPS may waive mistakes in accordance with OAR 125-247-0470. If the SPC finds the Bid non-Responsive, the Bid may be rejected.

Responsibility Determination DAS SPS 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 Contract per agreement ORS 279B.110 or ORS 279C.375.

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

Reserved

Preferences and Tiebreakers.

DAS SPS will apply the following preferences to the Bid Cost:

Reciprocal Preference. Pursuant to OAR 125-246-0310, DAS SPS 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.

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

Step 2: Price Comparison (including application of preferences) and Ranking For Bidders eligible for Step 2 who meet all Responsiveness requirements, DAS SPS will apply all preferences, compare the Bid Pricing Forms and rank them from lowest to highest.

DAS SPS intends to award the Contract 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).

AWARD

Notice of Intent to Award DAS SPS 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.

Protest of Notice of Intent to Award 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. DAS SPS failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

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

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

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.

DAS SPS 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 DAS SPS.

Method of Award DAS SPS will award a contract to the pre-qualified Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder).

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

Pay Equity Certification. If the value of the Contract exceeds $500,000 and Bidder has 50 or more employees, the apparent successful Bidder shall submit to DAS SPS 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 Non-Discrimination. As a condition of receiving the award of a Contract 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.

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

ADDITIONAL INFORMATION

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. This procurement and any contract award are subject to 7 CFR 250 subpart B, 2 CFR 200 Subpart D, including 2 CFR 200.317–200.327, and applicable Oregon statutes and rules.

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 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.

Government Bodies Under ORS Chapter 190, DAS SPS 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 DAS SPS receives an Offer from a government body, DAS SPS will initially review the Offer according to the same criteria set forth in this ITB. DAS SPS, 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 DAS SPS.

Electronic Signatures.

By submitting a bid in response to this ITB, Bidder agrees with DAS SPS 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.

Cancellation and/or Rejection of Bids; Damages Pursuant to ORS 279B.100, DAS SPS 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. DAS SPS, 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 DAS SPS 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 DAS SPS.

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.

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 Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder.

Confidential or Proprietary Information; Public Records Following the Notice of Intent to Award of a Contract, 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.

Recycled Products Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280) Checklist Disclaimer Any checklists contained in this ITB are provided only as a courtesy. DAS SPS 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.

COBID

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS SPS 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. DAS SPS 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 DAS State Procurement Services, Version 2.0 – July, 2025 2 image1.jpeg

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