OLCC ITB_S-DASOBO-00012005.pdf

ITB No. S-DASOBO-00012005 OLCC Electric Stock Pickers

STATE OF OREGON

Department of Administrative Services, Enterprise Goods and Services, State Procurement Services (“DAS SPS”), on behalf of

Oregon Liquor and Cannabis Commission (“OLCC”), issues

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

DASOBO-00012005

for

ELECTRIC STOCK PICKERS

Date of Issue: MM/DD/YYYY

Bid Opening Date and Time: MM/DD/YYYY, Time 00:00 PM (Pacific)

Single Point of Contact (“SPC”): Nathan C. Ramos, OPBC, Senior Contract Specialist

Address: 1225 Ferry Street, SE City, State, Zip: Salem, OR 97301 Phone (voice): (971) 671-0070

E-mail: Nathan.Ramos@DAS.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:Nathan.Ramos@DAS.Oregon.gov

Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

1.2 Intended Beneficiaries (Authorized Purchasers)

1.3 Schedule of Events

1.4 Minimum Requirements

1.5 Submission Requirements

1.6 Single Point of Contact

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

2.2 Warranty and Maintenance Services Plan (Attachment I)

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys

3.4 Reserved

3.5 Pre-Bid Conference

3.6 Questions and Requests for Clarification

3.7 Protest of ITB

3.8 Amendments

3.9 Protest of Amendments

3.10 Bid Submission

3.11 Bid Delivery

3.12 Bid Modification or Withdrawal

3.13 Late Bids

3.14 Opening and Bid Review

3.15 Firm Offer

3.16 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Check

4.2 Responsibility Check

4.3 References

4.4 Preferences

4.5 Cost Comparison (including application of preferences) and Ranking

4.6 Additional Rounds, Further Review (if required)

SECTION 5: AWARD

5.1 Notice of Intent to Award

5.2 Protest of Notice of Intent to Award

5.3 Method of Award

5.4 Price Agreement Execution

5.5 Reserved

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

6.2 Diversity, Equity, and Inclusion

6.3 Government Bodies

6.4 Electronic Signatures

6.5 Cancellation and/or Rejection of Bids; Damages

6.6 Cost of Submitting a Bid

6.7 Ownership/Permission to Use Materials

6.8 Confidential or Proprietary Information; Public Records

6.9 Recycled Products

6.10 Checklist Disclaimer

6.11 COBID

ATTACHMENT A Sample Price Agreement

ATTACHMENT B Bid Cover Sheet

ATTACHMENT C Reference Check Form

ATTACHMENT D Bid Pricing Form

ATTACHMENT E Responsibility Inquiry

ATTACHMENT F Certified Disadvantaged Business Outreach Plan

ATTACHMENT G Defined Terms

ATTACHMENT H Specifications

ATTACHMENT I Warranty and Maintenance Services Plan

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through the Department of Administrative Services, Enterprise Goods and Services, State Procurement Services (“DAS SPS”), is issuing this Invitation to Bid (“ITB”) for Goods and Services.

OLCC currently owns and operates five (5) electric stock pickers. DAS SPS will be relocating to a new warehouse and requires additional electric stock pickers to keep up with distribution demand.

1.1.1 Brief Description of Need (See Section 2 for full description):

• OLCC needs to purchase additional electric stock pickers to handle increasing distribution demand. Electric stock pickers must come with warranties that include maintenance per the manufacturer’s recommendations during the warranty period.

• DAS SPS has no estimate of the volume of potential purchases. By submitting an Offer, Bidder agrees to supply all Goods and Services ordered during the term of any awarded Price Agreement.

1.1.2 Required delivery date: Goods must be delivered no later than December 31, 2025.:

1.2 Intended Beneficiaries (Authorized Purchasers)

1.2.1 Oregon Liquor and Cannabis Commission

1.3 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.

EVENT DATE TIME

Questions/Requests for Clarifications

Due

01/20/2025 4:00 PM PST

ITB Protests Period Ends 01/30/2025

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

02/06/2025 4:00 PM PST

Issuance of Notice of Intent to Award (approximate)

02/28/2025 4:00 PM PST

Notice of Intent to Award Protest Ends

7 days form the 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.

1.4 Minimum Requirements

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

1.4.1 Goods must meet all listed Specification in Specifications (Attachment H);

1.4.2 Bidder must include in their Bid any materials including necessary diagrams, parts books, and operating and maintenance manuals for each individual electric stock picker; and

1.4.3 Bidder must include with their Bid a copy of the warranty for each individual electric stock picker complete with manufacturer’s approved maintenance plan included during the warranty period.

1.5 Submission Requirements

The Bid must include the following in its submittal:

1.5.1 Attachment B – Bid Cover Sheet

1.5.2 Attachment C – Reference Check Form

1.5.3 Attachment D – Bid Pricing Form

1.5.4 Attachment E – Responsibility Inquiry

1.5.5 Attachment F – Certified Disadvantaged Business Outreach Plan

1.5.6 Attachment I – Warranty and Maintenance Services Plan

1.6 Single Point of Contact

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

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

A complete list of Goods can be found in Specifications (Attachment H).

2.2 A complete list of Services can be found in Warranty and Maintenance Services Plan (Attachment I).

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

DAS SPS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3). DAS SPS is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.

3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Price Agreement are in OAR 125-246- 0110, and are the capitalized terms listed in Defined Terms (Attachment G) and elsewhere in this ITB, such as the Sample Price Agreement (Attachment A). For ease of reference, a link to the crosswalk of terms used in OregonBuys to terms defined in Oregon Administrative Rules is included in Defined Terms (Attachment G).

3.3 E-Procurement System: OregonBuys

3.3.1 OregonBuys posting.

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

3.3.2 OregonBuys Registration Information.

Bidder must be registered in OregonBuys to do business with the State. Registration is free.

To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance.

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR INFORMATION IS CURRENT

AND CORRECT IN OREGONBUYS. DAS PS WILL ACCEPT NO RESPONSIBILITY FOR MISSING

OR INCORRECT VENDOR INFORMATION.

3.3.3 OregonBuys Assistance

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

3.3.4 Failure of Electronic Procurement System

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, 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.

https://oregonbuys.gov/bso mailto:support.oregonbuys@oregon.gov

3.4 Reserved

3.5 Pre-Bid Conference

DAS SPS will not hold a pre-Bid conference.

3.6 Questions and Requests for Clarification

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

3.7 Protest of ITB

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

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

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

2. Reference the ITB number;

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

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

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

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

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 no not meet these requirements.

3.8 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.

3.9 Protest of Amendments

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

3.10 Bid Submission

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

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

3.10.2 Bidder must provide three (3) references from similar projects performed for any clients within the last two (2) years. Forms must be completed by a reference, returned to Bidder, and submitted with the Bid. References should include references from state or federal entities that currently utilize, or within the last five (5) years have utilized, the proposed Solution. Bidder must complete and submit the Reference Check Form (Attachment C).

3.10.3 Bidder must complete and submit the Bid Pricing Form (Attachment D).

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

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

3.10.6 Bidder shall complete and submit Warranty and Maintenance Services Plan (Attachment I).

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

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

3.11 Bid Delivery

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

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%20So licitation%20Response.pdf

Technical Difficulties: Larger files may take additional time to upload to OregonBuys. Bidders are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit its Bid via OregonBuys prior to the Bid Opening Date.

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

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

3.12 Bid Modification or Withdrawal

A Bidder wishing to make modifications to a Bid already received by DAS SPS must withdraw its Bid in order to make modifications and resubmit the Bid. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date.

3.13 Late Bids

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

3.14 Opening and Bid Review

A public Opening of Bids will not be held for this ITB. A list of all Bidders will be posted on OregonBuys within five (5) days of Bid Opening Date.

Bids will be reviewed as set forth in Section 4.

3.15 Firm Offer

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

3.16 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).

SECTION 4: BID REVIEW

4.1 Responsiveness Check

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

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

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.

4.2 Responsibility Check

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 Price Agreement.

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

4.3 References

DAS SPS may check to determine if references provided support the Bidder’s ability to comply with the requirements of this ITB. DAS SPS may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom DAS SPS has knowledge. DAS SPS may use references to obtain additional information, break ties, or verify any information needed.

4.4 Preferences

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

4.4.1 Oregon Supplies and Services.

The State prefers that contract awards are for Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, DAS SPS shall subtract 10% from the cost for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before the comparison.

4.4.2 Benefit Companies. The State prefers goods and services provided by an Oregon public benefit company, and for evaluation purposes, per ORS 279A.128, DAS SPS shall subtract 5% from the price for any Bidder that submits a certificate of existence issued under ORS 60.027.

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

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

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

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

4.5 Cost Comparison (including application of preferences) and Ranking

After applying all preferences, DAS SPS will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest.

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

4.6 Additional Rounds, Further Review (if required)

If DAS SPS elected to conduct additional rounds of review, DAS SPS will follow the process set forth in the Amendment describing the additional round.

SECTION 5: AWARD

5.1 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 public records and available for review at DAS SPS by appointment after issuance of the Notice of Intent to Award.

5.2 Protest of Notice of Intent to Award

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

A Bidder is an Affected Person, only if the 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’ evaluation of Bid(s) or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

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

1. Include protestor’s name and contact information;

2. Reference the ITB number;

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

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

5.2.3 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 PS.

5.3 Method of Award

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

5.4 Price Agreement Execution

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

5.4.1 Pay Equity Certification. If the value of the Price Agreement exceeds $500,000 and Bidder has fifty (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 the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.4.2 Non-Discrimination. As a condition of receiving the award of a Price Agreement under this ITB, the apparent successful Bidder must certify it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

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

5.5 Reserved

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

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

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

6.2 Diversity, Equity, and Inclusion

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across 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.

6.3 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 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.

6.4 Electronic Signatures.

BY SUBMITTING A PROPOSAL BID IN RESPONSE TO THIS ITB, THE 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.

6.5 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 1.3, all Bids will become part of the public record without obligation to DAS SPS.

6.6 Cost of Submitting a Bid

Bidder must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

6.7 Ownership/Permission to Use Materials

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

6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Price Agreement, responses to this ITB are subject to public records requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, Bidder must submit a statement claiming the exemption and the statutory reason for the exemption and each page containing such information must identify the exemption provision and include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law.

6.9 Recycled Products

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

6.10 Checklist Disclaimer

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.

6.11 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: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a veteran owns, 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 https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

ATTACHMENT A

SAMPLE PRICE AGREEMENT

ATTACHMENT B

BID COVER SHEET

Bidder Name (printed):

Address:

City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

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

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

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

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

3. The costs set forth above are firm for sixty (60) Calendar Days after the Opening.

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

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

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

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

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx

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

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

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

https://sam.gov/content/entity-information

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

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

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

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

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

BIDDER, Authorized Representative

Signature: _______________________________________________________________________

Print Name and Title: _______________________________________________________________

Date: ____________

Email: ________________________

Telephone Number: (______) _________ https://www.treasury.gov/ofac/downloads/sdnlist.pdf

ATTACHMENT C

REFERENCE CHECK FORM

REFERENCES COMPARABLE IN SIZE AND SCOPE: Bidder shall include references from three (3) different firms who Bidder provided similar goods and/or services to within the last two (2) years. Goods and/or Services must be comparable in size and scope of the goods and/or services detailed in this Project.

Bidder must describe how the goods and/or services provided qualifies Bidder to provide the goods and/or services described in this solicitation. References must be available to confirm the quality of goods and/or services the Bidder provided.

Reference #1

Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of goods and/or services provided:

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this solicitation:

Describe the condition of the goods delivered (I.e. were goods delivered on time, and ready for immediate operation?

Was the warranty and maintenance during the warranty period sufficient?:

Reference #2

Name of Firm:

Reference Contact Person:

Description of goods and/or services provided::

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this solicitation:

Describe the condition of the goods delivered (I.e. were goods delivered on time, and ready for

Reference #3

Name of Firm:

Reference Contact Person:

Description of goods and/or services provided::

Describe how the goods and/or services provided qualifies Bidder to provide the goods and/or perform the services described in this solicitation:

Describe the condition of the goods delivered (I.e. were goods delivered on time, and ready for

ATTACHMENT D

BID PRICING FORM

ATTACHMENT D

BID PRICING FORM

ITB No. S-DASOBO-00012005 Electric Stock Pickers

Item #, Stock # Cost Per Item Delivery Cost Per Item TOTAL

SAMPLE ITEM 1 $12,000.00 $1,500.00 $ 13,500.00

TOTAL COSTS $ 13,500.00

ATTACHMENT E

RESPONSIBILITY INQUIRY

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

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

Within the last five (5) years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party?

Number: ____

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

Response:

Within the last three (3) years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted, or convicted in connection with:

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

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

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

YES / NO .

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

Response:

Within the last three (3) years, has Bidder had:

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

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

YES / NO .

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

Response:

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

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

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

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

Response:

Within the last three (3) years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

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

If "NO," please explain.

Response:

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

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

Response:

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

Bidder Name: ITB:

Project Name:

By: ___________________________________________ Date: _________________________ Authorized Representative

ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

Bidder Name: Date:

Contact Name: Telephone: Email:

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

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

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

1. Is Bidder an Oregon Certified Firm? Yes No

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

Oregon State Certification Number: __________________________

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

3. Include a list of firms that Bidder has had a contractual relationship with within the last two (2) years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

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

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

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

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONT.)

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

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

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

ATTACHMENT G

DEFINED TERMS

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

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

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

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

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

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

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

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

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

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

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

“Quote” Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/ required by a Bid Solicitation.

“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.

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

CROSSWALK OF TERMS USED IN OREGONBUYS Please see this link:

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

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

ATTACHMENT H

SPECIFICATIONS

STYLE:

36-volt electric stock picker

CAPACITY:

Load Weight 3,000 lbs. at 24-inch load center Load Weight at Height 3,000 lbs. at 240-inch fork height Forks Forks must be a slide adjustment mount with no tools required to change pins

MAST:

Collapsed Height 105-inches maximum Operation 3 Stage, high visibility Fork Elevation 300 inches

DIMENSIONS:

Operator Platform 27.5-inches X 40-inches wide with anti-fatigue floor mat

Length 75.5-inches maximum, NOT including forks Height 105-inches overhead guard highest point of truck Fork Length 42-inches exactly Turning radius 68-inches maximum

HYDRAULICS:

Internal Hose Group With Lift Interrupt

SAFETY/CONVENIENCE FEATURES

Overhead Guard With lanyard mount Safety Lanyard Retractable style Miller Black Rhino CFL-

4/9FT (Or similar) Key Switch On/Off Style Steering Non-Centering, On demand electric power steering with directional indicator Brakes Electric Disc Brakes Directional Controls, Hydraulic Control Hand control forward/reverse control with thumb control for hydraulics Horn Button Fingertip horn button Drive Wheel 12-inch X 5.5-inch Load Wheels 5-inch X 3-inch tandem articulated load wheel

Pallet Clamp Automatic, with foot release Control Settings Adjustable via PC or Handset Slack Chain Warning light Hour Meter With discharge indicator Electric Power Disconnect Reset with key switch Side Gates With lift and traction cut out Windshield Safety glass Operator Features Adjustable console for operator comfort

BATTERY:

36-volt industrial rated at 625 AMP HRS (minimum capacity), no-cover type Pre-installed water kit Battery compartment rollers

LIGHTS:

Operator Dome Lights Two dome lights, mounted just under the overhead guard, one light on each side of the overhead guard

Strobe One yellow strobe light that is OSHA compliant mounted on cowl

ATTACHMENT I

WARRANTY AND MAINTENANCE SERVICES PLAN

Maintenance Service Plan must at a minimum include the following components

• Hydraulics o Pumps o Hydraulic Hoses o Hydraulic Chains

• Electrical o All Wiring o Controls o All Computer Components o All Sensors