ITB_WNF Aerial Seeding GNA_Final.pdf
PDF 393 KB Posted
- Solicitation number
- S-62900-00018046
- Issued by
- Lane County, Oregon
About this file
This Invitation to Bid (ITB) is issued by the State of Oregon Department of Forestry on behalf of the U.S. Forest Service Middle Fork Ranger District to procure aerial seeding application services for the Willamette National Forest under Good Neighbor Authority. The project involves reforesting 5,024 acres of land located east of Oakridge, Oregon that were burned during the 2024 Cedar Creek Fire. The scope of work requires qualified personnel, materials, equipment, tools, supplies, labor, supervision, and transportation necessary to provide aerial seeding application services. One contract is anticipated to be awarded. Bidders must submit responses electronically through OregonBuys by October 16, 2026 at 2:00 PM Pacific Time. The bid opening will be held on October 16, 2026 at 2:00 PM Pacific Time. Answers to clarification questions are due by October 9, 2026. The Notice of Intent to Award is expected approximately October 21, 2026, with contract execution targeted for approximately November 2, 2026. All services must be completed by January 15, 2027. Bids are firm for 180 calendar days from closing.
Bidders must provide a helicopter meeting specific airworthiness and equipment requirements, including Very High Frequency aviation radio with direct communication capability, Global Positioning System receiver, and external load equipment compliant with Federal Aviation Regulations. The aircraft must be capable of carrying and applying a minimum of 10 pounds of seed per flight. Bidders must identify a Key Person (pilot) with current FAA Second-Class Medical certification, minimum 1,000 hours Pilot in Command helicopter experience, 100 hours in the specific aircraft make and model, 50 hours in the past 12 months, and 25 hours of external-load experience, along with three years of professional experience providing comparable services. The State will award the contract to the lowest responsible bidder whose bid substantially complies with requirements. Bidders must submit a Pay Equity Compliance Certificate prior to contract execution and certify compliance with nondiscrimination and sexual harassment prevention policies. Proof of insurance as required in the contract must be demonstrated prior to award. Seed will be provided by the Agency. Bids submitted by facsimile or email will be rejected.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
ITB S-62900-0018046 – WNF Aerial Seeding GNA
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 1 of 13
STATE OF OREGON
COVER PAGE
Oregon Department of Forestry
WILLAMETTE NATIONAL FOREST AERIAL
SEEDING UNDER GOOD NEIGHBOR AUTHORITY
Invitation to Bid (ITB) Contract
ITB NUMBER S-62900-0018046
Date of Issue: September 25, 2026
Closing: October 16, 2026, Time 2:00 PM (Pacific)
Single Point of Contact (SPC): Katrina Chinn, Procurement and Contract Specialist
Address: 2600 State Street
City, State, Zip: Salem, Oregon 97310
Phone (voice): 971-345-7823
E-mail: Katrina.Chinn@odf.oregon.gov
The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.
mailto:Katrina.Chinn@odf.oregon.gov
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 2 of 13
TABLE OF CONTENTS
SECTION 1: GENERAL INFORMATION
1.1 SUMMARY OVERVIEW
1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
1.3 SCHEDULE OF EVENTS
1.4 DEFINITION OF TERMS
1.5 SINGLE POINT OF CONTACT
SECTION 2: ITB PROCESS
2.1 PROCUREMENT AUTHORITY
2.2 PROCUREMENT METHOD
2.3 PRE-BID CONFERENCE
2.4 OREGONBUYS
2.5 QUESTIONS AND CLARIFICATIONS
2.6 ADDENDUM
SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS
3.1 ACCEPTANCE PERIOD
3.2 BID SUBMISSION REQUIREMENTS (GENERAL)
3.3 BID REQUIREMENTS (PASS/FAIL)
SECTION 4: BID REVIEW METHODOLOGY
4.1 RESPONSIVENESS DETERMINATION
4.2 RESPONSIBILITY DETERMINATION
4.3 COST COMPARISON
4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)
4.5 REFERENCES
4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS
4.7 PREFERENCES
4.8 METHOD OF AWARD
SECTION 5: INTENT TO AWARD
5.1 INTENT TO AWARD NOTIFICATION
5.2 PAY EQUITY
5.3 NONDISCRIMINATION IN EMPLOYMENT
5.4 OTHER REQUIRED INFORMATION
SECTION 6: CONTRACT EXECUTION
SECTION 7: ADDITIONAL INFORMATION
7.1 GOVERNMENT BODIES
7.2 OWNERSHIP/PERMISSION TO USE MATERIALS
7.3 COST OF BIDDING
7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES
7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION
7.6 RECYCLED PRODUCTS
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 3 of 13
LIST OF ATTACHMENTS
ATTACHMENT A – SAMPLE CONTRACT
ATTACHMENT B – BID COVER SHEET
ATTACHMENT C – BID SUBMITTAL FORM
ATTACHMENT D – COBID CERTIFICATION / OUTREACH PLAN
ATTACHMENT E – RESPONSIBILITY INQUIRY
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 4 of 13
SECTION 1: GENERAL INFORMATION
1.1 SUMMARY OVERVIEW
The State of Oregon, acting by and through the Oregon Department of Forestry, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for aerial seeding application Services within the Willamette National Forest (WNF) on behalf of the U.S. Forest Service (USFS), Middle Fork Ranger District (MFRD) under Good Neighbor Authority (GNA) (the “Project”).
The Oregon Department of Forestry mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon's forests to enhance environmental, economic, and community sustainability. Oregon Department of Forestry’s vision is to have healthy forests providing a sustainable flow of environmental, economic, and social outputs and benefits through statewide forest resource policies that are coordinated among Oregon's natural resource agencies.
The purpose of this Project is to reforest 5024 acres of land located East of Oakridge, Oregon that were burned during the 2024 Cedar Creek Fire. Aerial seeding Services are needed as the Project area contains terrain that is difficult to access or unsafe to access from the ground. Aerial seeding has the best chance of success to establish seedlings since seeding cannot be completed from the ground.
Agency will hold the Contract, be responsible for payment, and act as Agency representatives, local contacts and Contract field inspectors (in conjunction with MFRD) for Contract implementation and accepting completed Work. Seed will be provided by Agency.
Agency anticipates the award of one (1) Contract resulting from this ITB. The selected Contractor shall perform all Services described in Exhibit A (Statement of Work) of Attachment A (Sample Contract) by January 15, 2027.
1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS
The scope of this ITB includes all qualified personnel, materials, equipment, tools, supplies, labor, supervision, transportation and other essential items necessary for providing aerial seeding application Services.
See Exhibit A (Statement of Work) of Attachment A (Sample Contract) for comprehensive details on the Scope and Work specifications.
1.3 SCHEDULE OF EVENTS
The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).
EVENT DATE TIME (Pacific Time) Questions and Clarification Request Due October 5, 2026 3:00 PM
Answers to Questions and Clarifications Due (approximate)
October 9, 2026
Closing (Due Date and time to submit Bids ) See cover page Opening of Bids October 16, 2026 2:00 PM
OregonBuys Notice of Intent to Award October 21, 2026
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 5 of 13
(approximate) Contract Execution (approximate) November 2, 2026
Agency operating hours are:
Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.
1.4 DEFINITION OF TERMS
For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.
1.4.1 GENERAL DEFINITIONS
Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.
“OregonBuys” means the State of Oregon’s automated procurement system.
“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.
“Schedule of Events” means the specific time and dates events relating to this ITB will occur.
“Successful Bidder” means the person(s), organization(s) to which the award is made.
1.5 SINGLE POINT OF CONTACT
All questions and requests for clarification about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.
SECTION 2: ITB PROCESS
2.1 PROCUREMENT AUTHORITY
Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).
2.2 PROCUREMENT METHOD
Agency is using the intermediate procurement method, pursuant to ORS 279B.070 and OAR 125- 247-0270, and may use any available optional procedures.
2.3 PRE-BID CONFERENCE
Reserved.
2.4 OREGONBUYS
2.4.1 OREGONBUYS ASSISTANCE
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 6 of 13
Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1-855-800-5046 or by email at support.oregonbuys@das.oregon.gov.
2.4.2 OREGONBUYS REGISTRATION INFORMATION
Proposer 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.
Current and correct registration information is the sole responsibility of the registered party.
Agency accepts no responsibility for missing or incorrect information.
2.4.3 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 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.
2.5 QUESTIONS AND CLARIFICATIONS
All questions and requests for clarification, related to this solicitation must:
• Be submitted in writing through email to the SPC identified on the cover page of this
ITB.
• Reference the ITB #S-62900-00018046
▪ Identify the section number and the passage.
▪ Include name and contact information of party submitting question or clarification.
• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.
Questions by telephone are not accepted.
Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys.
Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.
2.6 ADDENDUM
Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.
mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 7 of 13
SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS
3.1 ACCEPTANCE PERIOD
Bids are firm offers for a period of 180 calendar days from Closing.
3.2 BID SUBMISSION REQUIREMENTS (GENERAL)
3.2.1 BID FORMAT
Bidder shall submit its Bid in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel. Bidder shall submit Bid without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Bid.
The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.
The Bid Submittal Form must be submitted as a separate electronic response file.
3.2.2 SUBMITTING BIDS
Bidder must submit its Bid electronically through OregonBuys at https://OregonBuys.gov. For instruction on how to submit electronically through OregonBuys, please click here.
Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery. Bids submitted by facsimile (fax) or Email will be rejected.
Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.
3.2.3 QUANTITY OF BIDS TO BE SUBMITTED
One Bid with original signature, and all required documents must be submitted on or before Closing (date and time).
3.2.4 BID MODIFICATION
It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.
A Bidder wishing to make modifications to a Bid already received by Agency must:
• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.
• All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.
• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.
• Oral, electronic, facsimile or telephonic modifications will not be accepted.
https://oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 8 of 13
3.2.5 BID WITHDRAWAL
If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.
3.2.6 LATE BIDS
Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.
3.2.7 OPENING OF BIDS
A public Bid Opening will be held “by appointment only”. Only the name of each Bidder and Bid amounts will be read at the public Opening.
Bidders who wish to attend a public Opening of the Bids must notify the Single Point of Contact at least 48 hours prior to ITB closing, to allow time for planning. Public Opening may occur via Microsoft Teams video conference, if Agency believes it is in the best interests of Agency staff and Bidders to do so. If Agency decides to hold a Teams conference for the Bid Opening, Bidders will be sent instructions on how to join the meeting. The Proposers who choose to attend (in-person, or via Zoom) will be informed only of the names of Bidders submitting Bids.
Bids received in response to this Solicitation Document will be opened during the scheduled Closing date and time designated in Section 1.3 Procurement Schedule or as changed by Addendum. However, the date and time of the public Opening may be held at a later date and time.
3.3 BID REQUIREMENTS (PASS/FAIL)
Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.
Agency has the right to determine if Bids substantially meet the requirements of this ITB.
3.3.1 CLOSING
Bids must be submitted by Closing to be considered.
3.3.2 REQUIRED FORMS
Bidder must submit the following forms:
• Attachment B – Bid Cover Sheet
• Attachment C – Bid Submittal Form
• Attachment D – COBID Certification / Outreach Plan
• Attachment E – Responsibility Inquiry
3.3.3 AUTHORIZED SIGNATURE
The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 9 of 13
Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.
3.3.4 REFERENCES
Reserved.
3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS
Bidder must be able to provide one (1) helicopter meeting the following aircraft requirements:
• Aircraft must be airworthy, maintained in accordance with Federal Aviation Administration regulations, and appropriate for low-level natural resource operations.
• Required onboard equipment:
o Very High Frequency aviation radio with capability to provide direct communications between pilot and Agency representative o Global Positioning System (panel or securely mounted portable) receiver to facilitate navigation to and from treatment units
• External load equipment (if used) must comply with FAR 133.43, including electric and manual release capability.
• Aircraft must be capable of carrying and applying a minimum of 10 pounds of seed on each flight from any heliport on the Project area.
3.3.6 KEY PERSON
Bidder must identify Key Person (Pilot) to be assigned to the Project and include a resume that demonstrates how the Key Person meets the following requirements:
• Current FAA Second-Class Medical (minimum).
• Minimum pilot experience:
o 1,000 hours Pilot In Command (PIC) helicopter o 100 hours in make/model offered o 50 hours in past 12 months o 25 hours external-load experience if operating a bucket/hopper (long-line or fire-specific experience not required)
• Three (3) years of successful professional experience providing goods and/or performing Services comparable to those required under this contract.
3.3.7 BID REQUIREMENTS
Bidder must provide all information required in Attachment C of this ITB.
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 10 of 13
SECTION 4: BID REVIEW METHODOLOGY
4.1 RESPONSIVENESS DETERMINATION
A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.
4.2 RESPONSIBILITY DETERMINATION
Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment E) with Bid.
At any time prior to award, Agency may reject a Bidder found to be not Responsible.
4.3 COST COMPARISON
Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.
4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)
Bidder shall have a helicopter that meets the requirements set forth in Section 3.3.5.
Bidder shall employ or contract Key Person who meets all requirements set forth in Section 3.3.6
4.5 REFERENCES
Reserved.
4.6 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS
Reserved.
4.7 PREFERENCES
4.7.1 OREGON SUPPLIES AND SERVICES
Reserved.
4.7.2 RECIPROCAL PREFERENCE
For bid calculation purposes per 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 the Bidder's state.
4.7.3 RECYCLED MATERIALS
In comparing Goods from two or more Bidders, if at least one Bidder offers Goods https://www.naspo.org/reciprocity1
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 11 of 13 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 price of the Goods according to any applicable reciprocal preference.
4.7.4 PUBLIC PRINTING
Agency shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.
4.7.5 TIEBREAKERS
Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.
4.8 METHOD OF AWARD
4.8.1 GENERAL AWARD
If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.
SECTION 5: INTENT TO AWARD
5.1 INTENT TO AWARD NOTIFICATION
After a final selection is made, Agency will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at Agency by appointment.
5.2 PAY EQUITY
If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.
ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.
As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.
Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 12 of 13 national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.
Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.
5.3 NONDISCRIMINATION IN EMPLOYMENT
As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.
5.4 OTHER REQUIRED INFORMATION
5.4.1 INSURANCE
Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.
SECTION 6: CONTRACT EXECUTION
After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.
Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.
SECTION 7: ADDITIONAL INFORMATION
7.1 GOVERNMENT BODIES
Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.
7.2 OWNERSHIP/PERMISSION TO USE MATERIALS
Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for
DAS Procurement Services, Version 1.0 – February 20, 2019 Page 13 of 13 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 unless Agency cancels this ITB prior to the Closing identified in Section 1.3.
7.3 COST OF BIDDING
Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.
7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES
Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.
7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION
Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.
If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:
“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 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. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.
7.6 RECYCLED PRODUCTS
Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)
File details come from the government source that posted it. Updated .