ODFW_ITB_S-DASOBO-00002146approved~2.docx

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Attached to
Archery Equipment for National Archery in Schools Program
Solicitation number
S-DASOBO-00002146
Issued by
Marion County, Oregon

About this file

This document is an Invitation to Bid (ITB) issued by the State of Oregon Department of Administrative Services - Procurement Services (DAS PS) on behalf of the Oregon Department of Fish and Wildlife (ODFW) to establish a Price Agreement for the purchase of archery equipment for the National Archery in the Schools Program (NASP). The ITB seeks bids for core and optional archery products, with specified quantities, to be delivered over an initial 2-year term with up to 4 additional 2-year extensions possible. Bids are due by March 29, 2022, and the anticipated award and contract execution will occur in early April 2022.

The ITB requires bidders to provide pricing for all core products listed, and allows optional product pricing to be included as well. Federal funds may be utilized for purchases under the resulting Price Agreement, and bidders must accept the applicable federal provisions. The Price Agreement will be awarded to the responsive and responsible bidder providing the most favorable pricing for the core products.

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ArcheryITBAttB~2.docx DOCX document
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Copy of AttachmentDArcheryEquip.xlsx XLSX spreadsheet
ODFWSamplePAarcheryapproved.docx DOCX document
ArcheryITBAttE~1.doc DOC document
ArcheryITBAttHDebarment and Suspension CERTIFICATION FORM.docx DOCX document
223018 Notice Intent to Award.pdf PDF
ArcheryITBAttC~1.docx DOCX document

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State of Oregon

COVER PAGE

Department of Administrative Services – Procurement Services is issuing this Invitation to Bid (ITB) under OregonBuys Bid Number S-DASOBO-00002146 for NASP approved Archery Equipment Date of Issue: March 11, 2022 OregonBuys Bid Opening Date: March 29, 2022, Time 11:00 AM (Pacific) Single Point of Contact (SPC): Brent Lutz, State Procurement Analyst

Address:1225 Ferry St. SE
City, State, Zip:Salem, OR. 97301
Phone (voice):971-719-3436
E-mail:brent.l.lutz@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.

TABLE OF CONTENTS

SECTION 1:GENERAL INFORMATION4
1.1SUMMARY OVERVIEW4
1.2SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS4
1.3SCHEDULE OF EVENTS5
1.4DEFINITION OF TERMS5
1.5SINGLE POINT OF CONTACT6
SECTION 2:ITB PROCESS7
2.1PROCUREMENT AUTHORITY7
2.2PROCUREMENT METHOD7
2.3Reserve7
2.4oregonbuys7
2.5QUESTIONS AND CLARIFICATIONS7
2.6PROTEST OF ITB8
2.7ADDENDUM8
2.8PROTEST OF ADDENDUM9
SECTION 3:INSTRUCTIONS TO PROSPECTIVE BIDDERS9
3.1ACCEPTANCE PERIOD9
3.2BID SUBMISSION REQUIREMENTS (GENERAL)9
3.3BID REQUIREMENTS (PASS/FAIL)11
SECTION 4:BID REVIEW METHODOLOGY12
4.1RESPONSIVENESS DETERMINATION12
4.2RESPONSIBILITY DETERMINATION12
4.3COST COMPARISON12
4.4REFERENCES12
4.5PREFERENCES12
4.6METHOD OF AWARD13
SECTION 5:INTENT TO AWARD13
5.1INTENT TO AWARD NOTIFICATION13
5.2INTENT TO AWARD PROTEST13
5.3PAY EQUITY14
5.4NONDISCRIMINATION IN EMPLOYMENT14
5.5OTHER REQUIRED INFORMATION14
SECTION 6:PRICE AGREEMENT EXECUTION14
SECTION 7:ADDITIONAL INFORMATION15
7.1GOVERNMENT BODIES15
7.2OWNERSHIP/PERMISSION TO USE MATERIALS15
7.3COST OF BIDDING15
7.4CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES15
7.5CONFIDENTIAL OR PROPRIETARY INFORMATION15
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.16
7.6RECYCLED PRODUCTS16

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE PRICE AGREEMENT

EXHIBIT A – Pricing

EXHIBIT B – SAMPLE PO

EXHIBIT C – INSURANCE

EXHIBIT D - FEDERAL PROVISIONS

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – BRAND NAME DETERMINATION

ATTACHMENT H - CERTIFICATION FEDERAL DEBARMENT

OregonBuys Bid # S-DASOBO-00002146 – Archery Equipment

GENERAL INFORMATION

SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Administrative Services-Procurement Services (DAS PS), is issuing this Invitation to Bid (ITB), on behalf of the Oregon Department of Fish and Wildlife (ODFW or Agency), to establish a Price Agreement for the purchase of archery equipment for National Archery in the Schools Program (NASP).

Oregon Department of Fish and Wildlife’s Archery section helps supply necessary archery equipment to schools that participate in NASP. NASP introduces and teaches archery skills to school age kids between grades 4 through 12. NASP is aimed at improving educational performance through learning archery skills such as: focus, self-control, discipline, and patience. In an effort to promote safe hunting, the Agency believes introducing youth to archery, within the schools, can serve as an entry point to safe hunting.

Archery equipment is subject to a federal excise tax which helps fund Hunter Education and the wildlife conservation and management of wildlife. The department believes that increasing participation in archery will help sustain this important source of funding for Hunter Education and managing Oregon’s wildlife resources.

DAS PS anticipates the award of one Price Agreement resulting from this ITB. The initial term of the awarded Price Agreement will be two (2) years with the possibility of one or more two (2) year extensions. The maximum term, including extensions, of the Price Agreement shall not exceed ten (10) years.

By submitting an Offer, Bidder acknowledges DAS PS or the Agency is not guaranteeing the volume of potential purchases and Bidder agrees to supply all goods and related services ordered during the term of any awarded Price Agreement.

Federal Provisions Federal funds may be utilized to purchase goods from resulting price agreement. Bidder(s) are required to accept federal provisions set forth in Attachment A, Exhibit D.

SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

Bids must, at a minimum, offer the products and quantities specified as Core Products on Attachment D, Bid Submittal Form. Bidders are encouraged to provide pricing for Optional Products listed on that form, too. Wherever Attachment D, Bid Submittal Form specifies a manufacturer’s brand and model number (per Attachment G, Determination of Brand Name Specification), bidder must offer the specified Brand product. Offers or bids will be accepted for items that do not define a specific Brand, but any Bidder offering non-Brand products for items where a specific Brand is required will be deemed non-responsive.

Attachment D, Bid Submittal Form includes usage quantities for Core and Optional products that are only estimates for the purposes of comparing bids and not a guarantee to the amount of annual purchases.

All products must be NASP approved. In an effort to offer the Authorized Purchaser the most advanced NASP approved equipment, discontinued goods may be subtracted and additional NASP approved Goods within the ITB specifications may be added throughout awarded price agreement term.

SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. DAS PS may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT
DATE
TIME (Pacific Time)
Questions and Clarifications Due
March 18, 2022
5:00 PM

Answers to Questions and Clarifications Due (approximate)

March 22, 2022

ITB Protests Period Ends
7 calendar days prior to Bid Opening Date
Bid Opening Date (Due Date and time to submit Bids )
See cover page
Opening of Bids (Section 3.2.8)
OregonBuys Posting 48 hrs after Bid Opening Date
Notice of Intent to Award (approximate)
April 4, 2022
Notice of Intent to Award Protest Ends
7 days from Notice of Intent to Award
Price Agreement Execution (approximate)
April 11, 2022

DAS PS 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.

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 Price Agreement attached as Attachment A.

0. Crosswalk of Terms used in OregonBuys

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

· Bid Opening Date: “Closing” as defined in OAR 125-246-0110(25). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

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

· Master Blanket Purchase Order: “Price Agreement” as defined in OAR 125-246-0110(110)

· Purchaser: The single point of contact for this ITB is identified as the “Purchaser” along with Purchaser’s “Info Contact” (including email address) in OregonBuys.

· Quote: Any form of offer submission by vendors; i.e., Bids, Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

· Vendor: Any form of business entity registered in OregonBuys.

General Definitions “Compound Bow” means a bow that uses a levering system, usually of cables and pulleys, to bend the limbs.

“Core Products” means the products listed in Attachment D of this ITB, which are the products Agency anticipates will have the most usage during the term of the Price Agreement.

“Optional Products” means the products listed in Attachment D of this ITB, which are the products Agency desires to include and anticipates minimal usage during the term of the Price Agreement.

“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.

“Worker”, pursuant to EO- 21-29, means an individual who is not an Employee, and is engaged to provide goods or services to the Executive Branch through any formal or informal agreement, whether compensated or uncompensated. Individuals are exempt from the definition of Worker unless any provision of the agreement to provide goods or services requires work to be performed in person and on site at an Executive Branch worksite, regardless of frequency, whether other persons are present, or any contingent nature of that requirement. Further information can be found at: https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf

SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests 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.

ITB PROCESS

PROCUREMENT AUTHORITY

DAS PS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).

PROCUREMENT METHOD

DAS PS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255, and may use any available optional procedures.

Reserve oregonbuys This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml ; ITB documents will not be mailed.

Alternative Accessibility to Addenda, Attachments, and Exhibits If an exhibit, attachment or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents.

OregonBuys Assistance Parties needing assistance with OregonBuys may contact the supplier Helpdesk by telephone at 1-855-800-5046 or email at support.oregonbuys@oregon.gov .

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

Vendors are solely responsible for ensuring that their vendor information is current and correct in OregonBuys. DAS PS and Agency will accept no responsibility for incorrect vendor information.

QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

Be submitted in writing to the SPC by email or through OregonBuys.

Reference the OregonBuys Bid# S-DASOBO-00000358

· 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 will not be accepted.

DAS PS will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, DAS PS, 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.

PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Attachment A, Sample Price Agreement, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addenda. DAS PS will not consider protests received after these deadline(s).

Protests must include:

Protestor name and contact information;

Reference the OregonBuys Bid#;

Reason for the protest, including:

1) Grounds demonstrating how the procurement process is one or more of the following:

a) Contrary to law,

b) Unnecessarily restrictive,

c) Legally flawed,

d) Improperly specifies a brand name;

and

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

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

Protests not meeting these requirements will not be considered by DAS PS.

Protests may be submitted by the following methods:

Emailed to the SPC.

Hard copy delivered to the SPC at the address referenced on the cover page of this ITB.

If a protest meeting all requirements is received, DAS PS will post a written decision on OregonBuys within three business days prior to the Bid Opening Date.

ADDENDUM

Unless otherwise stated in the ITB, DAS PS 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. Bidder is responsible for monitoring OregonBuys regularly until the OregonBuysBid Opening Date specified on the cover of this ITB. DAS PS is not responsible for sending Addenda to any prospective Bidder.

PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

INSTRUCTIONS TO PROSPECTIVE BIDDERS

ACCEPTANCE PERIOD

Bids are due on or before OregonBuys Bid Opening Date. If a revised OregonBuys Bid Opening Date is created by an Addendum, the revised date and time shall become the official due date and time of this ITB. Bids pricing shall constitute firm offers for a period of 90 calendar days from OregonBuys Bid Opening Date.

BID SUBMISSION REQUIREMENTS (GENERAL)

Bid Format Bidder shall submit its Bid using one of the following format(s):

1. Flash Drive:

One (1) copy of Bid submitted using a flash drive with standard USB connector. Only data relevant to the ITB must be stored on the flash drive. Any other data deemed irrelevant or inappropriate may be cause for immediate rejection of Bidder’s submission as a whole. Bid shall be formatted using Adobe Acrobat, Microsoft Word, or Microsoft Excel, or in other format approved by DAS PS. Flash Drives may be delivered through Mail, Parcel Carrier or in Person prior to the OregonBuys Bid Opening Date of this ITB.

OR

2. OregonBuys:

Bid submission may be submitted electronically through OregonBuys at: Oregonbuys.gov Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf Bids submitted by facsimile (fax) or email will be rejected.

Bids must be presented in a format corresponding to and referencing the sections contained in Section 3.3. Responses must be presented in the same order as the corresponding items in this ITB and identify the item being addressed.

If a Bidder believes that any part of its Bid is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), the Bidder shall complete and submit the Disclosure Exemption Affidavit, and Bidder shall submit a fully redacted version of the Bid electronically, clearly identified as the redacted version.

Submitting Bids Bidder is solely responsible for ensuring that its Bid is received at DAS PS in accordance with the ITB requirements, by OregonBuys Bid Opening Date, at the location specified on the cover page of this ITB. DAS PS shall not be responsible for any delays in delivery.

DAS PS operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

Quantity of Bids to be Submitted One signed copy of the Bid along with all required documents must be submitted on or before Bid Opening Date. For Bids submitted on a flash drive, copies of manually, signed documents will be acceptable. For Bids submitted through OregonBuys, electronic signatures will be acceptable. Envelopes, packages or boxes must be marked in accordance with Section 3.2.4.

Envelope, Package or Box Label The Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

Name of Bidder (or Company Name) OregonBuys Bid Number OregonBuys Bid Opening Date SPC Name Bid Modification It is the responsibility of the Bidder to ensure that modified Bids are submitted before the OregonBuys Bid Opening Date.

A Bidder wishing to make modifications to a Bid already received by DAS PS must withdraw its Bid pursuant to Section 3.2.6 and resubmit the modified Bid on a Flash Drive in accordance with the same requirements for Flash Drive as outlined in Section 3.2.1. All modifications made to a Bid must be clearly marked and initialed on the modified Bid so as to be easily identified. In addition, the modified Bid must be accompanied by a cover letter noting the specific changes to the original Bid submission. Oral, facsimile or telephonic modifications will not be accepted.

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

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

Opening of Bids Due to current COVID-19 protocols and guidelines, a public opening will not be conducted. However, there will be an official record created of all Bidders and this will be posted in OregonBuys within 48 hours of OregonBuys Bid Opening Date.

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

Bid Opening date Bids must be submitted by Bid Opening Date to be considered. Bids received after Bid Opening Date are late Bids and will not be opened or considered for this ITB.

Required forms Bidder must submit the following forms:

Attachment B – Bid Cover Sheet Attachment C – Reference Check Form Attachment D – Bid Submittal Form Bidder must submit a Bid Price in column F "Bid Price" for each Core Product. Bidder may submit a Bid Price in column F for each Optional Product Bidder is including on its Bid response. If a Manufacturer Model and part # is identified in columns B and C, then Bid Price must be for those exact items.

Attachment E – COBID Certification / Outreach Plan Attachment F – Responsibility Inquiry

Authorized Signature The Bid must be signed by one or more persons legally authorized to bind the Bidder to the Bid and any Price Agreement resulting from this ITB. Upon request by DAS PS, any representative signing a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to sign the Bid on behalf of the Bidder and to bind the Bidder on all obligations relating to the Bid. Upon request of DAS PS, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing such authority of such representative.

References Bidder must provide three references from similar projects performed for any clients within the last two years. Information provided must include:

Reference name, telephone number, email and mailing address;

Description of services or products provided;

Service or product delivery starting and ending dates; and Reference representative name, telephone number, and email address.

Material or Technical Requirements Products must meet all of the specifications referenced in ITB Section 1.2 and Attachment D.

BID REVIEW METHODOLOGY

RESPONSIVENESS DETERMINATION

A Bid received prior to the OregonBuys Bid Opening Date 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, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

RESPONSIBILITY DETERMINATION

DAS PS will determine if an apparent successful Bidder is Responsible prior to award and execution of the Price Agreement. Each Bidder shall submit a signed Responsibility Inquiry form (Attachment F) with its Bid.

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

COST COMPARISON

DAS PS intends to award a Price Agreement to the Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this ITB and provides the most favorable pricing.

REFERENCES

DAS PS may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

DAS PS may conduct other reference checks with persons whose names have not been provided by Bidder, but whom DAS PS has knowledge. DAS PS may use references to obtain additional information, break ties, or verify any information needed.

PREFERENCES

RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, DAS PS 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.

PUBLIC PRINTING

DAS PS shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

TIEBREAKERS

Oregon Supplies: If DAS PS receives Bids identical in price, fitness, availability and quality and chooses to award a Price Agreement, DAS PS shall award the Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.

METHOD OF AWARD

GENERAL AWARD

DAS PS intends to award a Price Agreement to the Responsible Bidder submitting the most favorable pricing for Core Products identified in Attachment D. Bidders are encouraged to provide pricing for Optional Products list in Attachment D, the Optional Products pricing will not be evaluated but will be reviewed, Optional Products with fair and reasonable pricing will be added as available products to the awarded Price Agreement.

INTENT TO AWARD

INTENT TO AWARD NOTIFICATION

After a final selection is made, DAS PS will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at DAS PS by appointment.

INTENT TO AWARD PROTEST

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

A Bidder is an Affected Bidder only if the Bidder would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All lower Bids are non-Responsive.

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

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

DAS PS’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

If DAS PS receives only one Bid, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement award.

Protests must:

Be delivered to the SPC via email, or hard copy Reference the OregonBuys Bid number Identify Bidder’s name and contact information Be signed by an authorized representative Specify the grounds for the protest Be received within 7 calendar days of the Intent to Award notice Response to Protest DAS PS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by DAS PS.

PAY EQUITY

If selected for award, 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.

For more information on Pay Equity Certification, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Price Agreement 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.

OTHER REQUIRED INFORMATION

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

Compliance with Executive Order 21-29 If selected for award of a Contract, Proposer must certify during the term of the Contract or the duration of EO-21-29, whichever expires or terminates first, that Contractor has and will maintain documentation that each Worker who provides goods or services at an Agency worksite is fully vaccinated against COVID -19, unless an exception under paragraph 6 of EO 21-29 applies. https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf

PRICE AGREEMENT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, DAS PS will proceed with final award. The Price Agreement attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Price Agreement until the Price Agreement has been executed and the DAS PS has provided the Contractor with the Notice to Proceed.

ADDITIONAL INFORMATION

GOVERNMENT BODIES

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

OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of DAS PS. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Price Agreement, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless DAS PS cancels this ITB prior to the OregonBuys Bid Opening Date identified in Section 1.3.

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.

CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, DAS PS 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 PS, 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 PS cancels this ITB prior to the Oregonbuys Bid Opening Date identified in Section 1.3, all Bids will become part of the public record without obligation to DAS PS.

CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Price Agreement, 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.

RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280) image1.jpeg

File details come from the government source that posted it. Updated .