OSP PUMP - BID DOCUMENTS.pdf

ITB ORS 179 PROCUREMENTS – DOC INSTITUTION - DAS RULE 1 DOJ; LEGAL SUFFICIENCY HFL12.13.21/ rev ARPA 2.10.22 SB// JH 7.11.22 - 12.13.2021

Oregon Department of Corrections (ODOC)

Purchasing/Contracts Division

INVITATION TO BID FOR PURCHASE OF

PUMPS

ITB #S-29100-00003739

Single Point of Contact (SPC):

Phone: 503-983-0969 Email: Craig.L.Heilman@doc.oregon.gov Address: Dept. of Corrections – State of Oregon, Attn: Purchasing Unit, Suite 200 3723 Fairview Industrial Drive Salem, OR 97301-4285 mailto:Craig.L.Heilman@doc.oregon.gov

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TABLE OF CONTENTS

SECTION A: SCHEDULE OF EVENTS

SECTION B: INTRODUCTION

SECTION C: GENERAL BIDDING INFORMATION

DEFINITIONS

SECTION D: RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

SECTION E: RECYCLED PRODUCTS CERTIFICATION

SECTION F- RESIDENCY INFORMATION

SECTION G: BUY OREGON PREFERENCE CERTIFICATION

SECTION 1 - STANDARD CONTRACT TERMS AND CONDITIONS

SECTION 2 - SPECIAL CONTRACT TERMS AND CONDITIONS

SECTION 3 - TECHNICAL SPECIFICATIONS

SECTION 4 - PRICING

SECTION 5- AMERICAN RESCUE PLAN ACT TERMS

SECTION 6 - SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

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SECTION A – SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency reserves the right to modify these dates at any time, with appropriate notice to prospective Bidders. All times are Pacific Time (PT).

Event Date Time (Pacific Time)

Date of ITB Issue

MANDATORY PRE-BID CONFERENCE

7/13/2022

7/20/2022 @ 9:00 AM

Pacific

Last Date for Clarification, Modification and Questions

7/27/2022 2:00 PM

Last Date for Protests of ITB 7/27/2022 2:00 PM

Closing (Due date and time to submit Bids) 8/3/2022 2:00 PM

Bid Opening (Virtual) 8/3/2022 2:00 PM

Publication of Notice of Intent to Award 8/3/2022 2:30 PM

Due Date for Protests of Award 7 calendar days from Notice of Intent to Award

Contract Execution 7 calendar days after Notice of Intent to Award

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SECTION B – INTRODUCTION

B.1 PURPOSE OF THIS SOLICITATION: The purpose of this Invitation to Bid (ITB) is to establish a contract the lowest responsive responsible bidder as indicated in this ITB for the OSP PUMPS. The ODOC will order the Goods indicated in this ITB utilizing pricing from Section 4 of this ITB and an ODOC approved Purchase Order.

B.1.1 AUTHORITY: ODOC is conducting this Invitation to Bid pursuant to its authority under ORS 179.040 as a single step solicitation.

B.1.2 SINGLE POINT OF CONTACT (SPC): There will be one (1) ODOC point of contact during the solicitation process.

The designated SPC for questions concerning the procurement process, requests for brand approval, change, clarification, and protests (if protest are permitted for this ITB), the award process, and any other questions that may arise is cited on Page 1 of this document.

All contact regarding this ITB must be directed to the ODOC SPC identified on page 1 Contact with other ODOC staff regarding this ITB without prior approval from the SPC may result in bidder disqualification.

B.2 ITB, ADDENDA AND ATTACHMENTS: “ITB” means all documents whether attached or incorporated by reference and any Addenda thereto, and the Terms and Conditions, used for soliciting Bids in accordance with ORS 279B.055. ITBs, including all Terms and Conditions, Addenda, and most attachments, are posted on the OregonBuys website and will not be mailed to prospective Bidders. Addenda can be downloaded from OregonBuys. Bidders should check OregonBuys regularly prior to Bid Closing to ensure receipt and understanding of all Addenda documents and all required Addenda have been signed. By submitting a bid, the bidder thereby agrees that it accepts all risks associated with or related to bidder’s failure to obtain any or all addenda information.

B.3 METHOD OF AWARD: Pursuant to the bid evaluation criteria specified in Section C.12 of this ITB, ODOC may award a single contract to the lowest responsive responsible bidder. The definition of responsive and responsible are in Section C.12.1 & C.12.2 of this ITB.

B.4 SOLICITATION LAW AND RULES: This ITB and any resulting Contracts are governed by Oregon Law. Specific laws and rules that govern this solicitation process are found in Chapter 279A and 279B of the Oregon Revised Statues, and Oregon Administrative Rule (OAR) 137 Division 047. The ITB and resulting Contracts may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

B.4.1 OREGON REVISED STATUTES (ORS 279A and 279B) & ORS 179.040.

Legislative Counsel Committee online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspxl

B.4.2 OREGON ADMINISTRATIVE RULES (OAR 125 DIVISION 246 & 247)

Oregon Secretary of State online at:

OAR 125-247-246 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=263 OAR 125-247-247 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=264 https://www.oregonlegislature.gov/bills_laws/ors/ors279A.html https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=263 https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=264

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SECTION C - GENERAL BIDDING INFORMATION

C.1 ITB DEFINITIONS AND OREGONBUYS CROSSWALK TERMINOLOGY:

"Addendum" or "Addenda" means an addition or deletion to, a material change in or general interest explanation of this ITB.

Addendum or Addenda shall be labeled as such and shall be made available to all interested Bidders on OregonBuys.

“Agency” means the Oregon Department of Corrections (ODOC) who has entered into this Contract for the purchase of the Goods and is synonymous with “Buyer” as used in ORS chapter 72.

"Bid" means a response to an Invitation to Bid and is synonymous with “Offer”.

"Bidder" means a person who submits a Bid in response to this Invitation to Bid.

“Closing" means the date and time announced in ITB as the deadline for submitting Bids.

“Contractor" means a person or organization with which the ODOC has contracted for the purchase of Goods. The terms "Contractor" and "Seller" as used in the Uniform Commercial Code (ORS chapter 72) are synonymous.

“F.O.B.” (Free on board OR Freight on board) has the meaning found in ORS 72.3190.

“Goods” means all things (including specially manufactured goods) pursuant to ORS 72.1050

"Invitation to Bid" or "ITB" is defined in ORS 279B.005 and ORS 279C.400 and means all documents whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids in accordance with ORS 279B.055.

“Official Time” means the synchronized time used by State of Oregon servers and cell phones which are managed by the continental atomic clock

“OAR” means the Oregon Administrative Rules.

“ORS” means the Oregon Revised Statutes.

"Opening" means the date, time and place announced in the Solicitation Document for the public opening of Bids.

“OregonBuys” means the on-line electronic system administered by the Department of Administrative Services - State Procurement Office. https://oregonbuys.gov

“ODOC” means the Oregon Department of Corrections and is synonymous with Agency.

“Purchase Order” or “Order” means the documentation, including but not limited to Purchase Orders, Delivery Orders and Notices to Proceed that are submitted to Contractor by ODOC initiating the purchase and delivery of Goods under this Contract.

“Solicitation Document” means this Invitation to Bid and all other documents, either attached or incorporated by reference, and any changes thereto, issued by ODOC to establish a Contract.

“Specifications” means the specific attributes of the Goods to be purchased or Services to be performed, if any as described in Section 3.

“State” means the State of Oregon and its boards, commissions, departments, institutions and agencies.

“State Agency” or “State Agencies” means boards, commissions, departments, or agencies of the State of Oregon, whose costs are paid, in whole or in part from funds held in the State Treasury.

“Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a https://oregonbuys.gov/

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Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(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 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

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.

Master Blanket Purchase Order (“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Quote Any form of Bid submission by vendors, i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

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C.2 GENERAL INFORMATION:

C.2.1 BIDS ARE FIRM OFFERS: A Contract resulting from this ITB constitutes a firm offer by the Bidder regardless of whether any order or purchase has been made or any performance has been tendered under the Contract. A resulting Contract is enforceable notwithstanding ORS 72.2050; obligations hereunder are not revocable by the awarded Contractor. See ORS 279B.140

C.2.2 BID SUBMISSION AND CLOSING: ODOC will receive Bids until the Closing date and time specified in the “Schedule of Events” of this ITB, or as amended by Addenda. All Bids must be submitted in the manner required in Section C.3 of this ITB.

C.2.3 TRADE SECRETS: Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505." Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information submitted by Bidder when authorized or required by law, or pursuant to a court or administrative order to do so. The State is immune from liability for disclosure or release of information submitted by Bidder under the circumstances set out in ORS 646.473(3).

Identifying the Bid, in whole, as exempt from disclosure as a trade secret or as confidential proprietary information is not acceptable.

Bidder is cautioned that 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 that Bidder claims are exempt from disclosure, Bidder is deemed to waive any future claim of non-disclosure of that information.

C.2.4 Brand Name Specification: If a brand name specification exemption has been granted, Agency will only accept bids for the specific Brand Name Item including model and series. If Brand Name Specification is authorized, the solicitation document will clearly state this requirement.

C.3 BID FORMAT:

C.3.1 SIGNATURE REQUIRED; BIDDER AFFIRMATIONS: All Bid documents requiring signature must be signed in ink or by electronic signature per ORS Chapter 84 by an authorized representative of the Bidder. Bidder's signature and submission of the Contractor's signature page in Section 5 of the Contract in response to the ITB constitutes Bidder's affirmation that:

C.3.1.1 Bidder has completely read and understands all the provisions of this ITB.

C.3.1.2 The Bid submitted is in response to the specific language contained in this ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously issued ITB, if any.

C.3.1.3 The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

C.3.1.4 The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder's failure to comprehend all requirements of this ITB.

C.3.1.5 The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process.

C.3.1.6 Bidder accepts and agrees to be bound by the terms and conditions of the Terms and Conditions and agrees to provide all goods ordered by ODOC.

C.3.1.7 Contractor has the power and authority to enter into and perform this Contract.

C.3.1.8 This Contract, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms.

C.3.1.9 Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the effective date of this Contract, faithfully has complied with:

https://www.oregonlegislature.gov/bills_laws/archive/2003ors084.pdf

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(a) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

(b) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

(c) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and

(d) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

C.3.1.10 Any Goods delivered to ODOC under this Contract, and Contractor’s Services rendered in the performance of Contractor’s obligations under this Contract, shall be provided to ODOC free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

C.3.2 BIDS SUBMITTED THROUGH OregonBuys: Bidders are required to submit electronic Bid responses using the OregonBuys System. To enter electronic Bid responses, suppliers must register in OregonBuys. No other forms of bid submittal will be accepted. To enter electronic Bid responses, suppliers must register in OregonBuys and select "Electronic Bidding" when choosing a subscription. Bidders must be certified (authenticated) with the State as an e-Bid supplier. This is done by completing and submitting the Supplier Authentication Application, which is available in OregonBuys.

Bidders unfamiliar with OregonBuys should visit the DAS or OregonBuys websites:

State of Oregon: Procurement - OregonBuys eProcurement System https://oregonbuys.gov/bso/

For assistance contact: support.oregonbuys@oregon.gov

C.3.3 Submittals that are late, incomplete, or misdirected will be considered non-responsive, with no exceptions. ODOC is not responsible for lost Bids, misdirected Bids, or the improper handling of any Bid submitted through OregonBuys.

https://www.oregon.gov/das/Procurement/Pages/oregonbuys.aspx https://oregonbuys.gov/bso/ mailto:support.oregonbuys@oregon.gov

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C.4 BID CONTENTS:

C.4.1 REQUIRED INFORMATION TO BE INCLUDED WITH BID SUBMISSION; SECTIONS D, E, F and G; Signed by Authorized Representative

• SECTION 4, “Pricing

• SECTION 5, “Signature of Bidder's Duly Authorized Representative

• All addenda requiring signature; and all other documents identified in the ITB as required.

C.4.2 All Bids must be complete in all respects, including necessary signatures, certifications, documentation, responses on pricing and Specifications pages, and any other required information. All necessary documents and attachments (residency statement, references, descriptive literature, manufacturers' warranties, etc.) must be submitted with the Bid in the required format. Agency may deem a Bidder as non-responsive for failing to submit all required documents and attachments.

C.4.3 GOODS PRICING AND IDENTIFICATION: Bidders must clearly identify all Goods Bidder is bidding on, including all information requested in Section 4.

C.4.4 JOINT VENTURES/PARTNERSHIPS: When a Bidder is a partnership or joint venture, Bidder shall supply, with the Bid submission, the name of the contact person for the partnership or joint venture. Prior to award, joint ventures and partnerships submitting Bids must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. Such Bidder must also designate a contact person for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.4.5 SUBCONTRACTORS: The use of subcontractors will only be permitted in the provision of Goods under this Contract with prior written approval of the Agency. In the event the Contractor is unable to provide Goods at a location with Contractor’s own work force, Contractor may employ a subcontractor to provide such Goods, per the provisions of this Contract. All subcontractors that Contractor plans to use must be identified in the Bid. Each such subcontractor must meet all requirements of this ITB and provide all insurance information and coverages required of Contractor. The prime Contractor shall be solely responsible for all work performed under the Contract including work performed by subcontractors and shall be responsible for all payments to subcontractors for work performed under this Contract.

C.4.6 SUBSTANTIAL COMPLIANCE REQUIRED: ODOC will not consider incomplete Bids (not in substantial compliance with ITB requirements), and Bidders cannot supplement incomplete Bids by delivering submissions after Closing. However, in ODOC’s sole discretion, ODOC may waive minor informalities, irregularities, or nonconformance with this ITB; and ODOC may seek clarification from Bidders of any response that, in its sole discretion, it deems necessary or advisable.

C.4.7 ALTERNATE BIDS NOT CONSIDERED: Alternate Bids will not be considered for award. An Alternate Bid is defined as one which is submitted in addition to the Bidder's primary response to the ITB. Bidders may submit only one (1) Bid per Bidder. Bidders may NOT submit multiple prices for the same line item. Bidders may only submit one price per line item. Unless otherwise stated in this ITB, Bidders may not offer varieties of product and pricing within a single line item.

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C.5 METHODS OF SEEKING MODIFICATIONS OF ITB PROVISIONS:

C.5.1 PROCEDURE: The appropriate means of seeking a modification to ITB provisions is by a request for changes to Contractual Terms or Specifications and by formal submittal of protests of Contractual Terms or Specifications.

C.5.2 REQUEST FOR CLARIFICATION: Any Bidder requiring clarification of any provision of the ITB may make a request for clarification in writing, to the SPC listed on page 1. To be considered, ODOC must receive the request for clarification by the deadline specified in Section A, “Schedule of Events”, of this ITB.

C.5.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS: Any Bidder may submit a request for changes to contractual terms or Specifications, in writing, to the SPC listed on page 1. To be considered, ODOC must receive the request for changes by the deadline specified in Section A, “Schedule of Events”. Bidder must include in the request the reason for requested changes, supported by factual documentation, and any proposed changes to the contractual terms or Specifications, or both.

C.5.4 RESPONSE TO REQUESTS FOR CLARIFICATIONS OR CHANGES TO CONTRACTUAL

TERMS/SPECIFICATIONS. A Response to either a Request for Clarification or a Request for Changes to Contractual Terms or Specifications, whether verbal, in writing, do not change specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification or a request for changes to contractual terms or specifications raises an issue that ODOC determines should be handled by formal addenda to the ITB, ODOC will do so only by announcing such a change in the addendum, not through information identified as either a "Response to a Request for Clarification" or a "Response to a Request for a Change to Contractual Terms or Specifications".

C.5.5 OMITTED SPECIFICTIONS. If any omitted specification results in ambiguity as to material characteristics of the Goods, and inclusion is necessary to enable a reasonable person in the particular industry to properly identify such characteristics, a Bidder shall seek a formal request for change, as set forth in Section C.5.4. Failure to make such a request is at Contractor's risk, and the Bidder awarded a Contract shall be required to provide Goods meeting the Agency's needs with regard to any omitted specification for which change should reasonably have been sought.

C.6 PROTEST CONDITIONS:

C.6.1 PROTEST OF CONTRACTUAL TERMS OR SPECIFICATIONS: Any Bidder who believes contractual term(s) or Specification(s) are unnecessarily restrictive or limit competition may submit a protest, in writing, to the SPC listed on page 1. To be considered, ODOC must receive the protest by the deadline specified in Section A. “Schedule of Events” of this ITB. Bidder must include in the protest the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes to the contractual terms or Specifications, or both.

C.7 BID MODIFICATIONS: To modify an electronic Bid, Bidders are required to submit an electronically modified bid through Oregon Buys. Bidder shall prepare modifications on Bidder's letterhead which includes Bid Number and any pertinent information. Each modification document shall be electronically signed or signed with a scanned signature. Bidders may not modify Bids after Bid closing.

C.8 CLARIFICATIONS & MODIFICATIONS: This is the bidder's only opportunity to request Clarification, Modification, or submit Questions to the contractual terms or specifications contained in the ITB. Any bidder taking exception to the contractual terms or specifications of this ITB in their bid shall be deemed non-responsive and their bid will be rejected.

C.9 BID WITHDRAWALS: If a Bidder wishes to withdraw a submitted bid, Bidder must do so prior to the Closing date and time, as identified in Section A, “Schedule of Events”, unless ODOC extends this specific deadline by subsequent Addendum. To withdraw Bids, Bidders must access OregonBuys and follow the instructions for Bid withdrawals.

C.10 OPENING: ODOC will hold Bid Opening at the specified time stated in Section A, Schedule of Events. Only Bidders' name, bid price, and date of Bid receipt will be read at the Opening. It is optional for Bidders to attend Opening. Bid information, including price sheets, will not be available for public disclosure until after award of the Contract.

C.10.1 PUBLIC OPENING: A Virtual Bid Opening will be conducted on Microsoft Teams. Bids will be publicly opened and read at the “official time” and Closing date specified on page one (1) of the ITB. All Bidders will automatically be invited to the bid opening via Microsoft Teams Meeting; public entities are required to request an e-mail invitation from the SPC wherein a meeting invitation will be sent to all interested parties.

C.11 CANCELLATION AND/OR REJECTION OF BIDS: Pursuant to ORS 279B.100, ODOC reserves the right to reject any or all bids in whole or in PART AND reserves the right to cancel this ITB at any time when the rejection or cancellation is in the best

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interest of ODOC, as determined by ODOC. ODOC’s 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 the ITB, rejection of all Bids, or award of bids.

C.12 BID EVALUATION CRITERIA: ODOC will evaluate Bid(s) to identify responsive Bid(s) submitted by responsible Bidders and not otherwise rejected or disqualified (refer to ORS 279B.100 and ORS 279B.110). Adjustments made to account for reciprocal preferences, percentage of recycled materials, Buy Oregon Preference incorporated into the Goods will be for Bid evaluation purposes only (Refer to Sections C.12.4 through C.12.6.). No such adjustments shall operate to amend Bidders’ Bid, or any Contract awarded pursuant thereto. Bid(s) will be evaluated based on the following criteria:

C.12.1 RESPONSIVENESS: To be considered responsive, the Bid must substantially comply with all requirements of the ITB and all prescribed public solicitation procedures. In making such evaluation, ODOC may waive minor informalities and irregularities.

C.12.2 RESPONSIBILITY: Prior to award of a Contract, ODOC will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279B.110. In doing so, ODOC may investigate Bidder and request information in addition to that already required in the ITB, when ODOC, in its sole discretion, considers it necessary or advisable.

C.12.3 DISCOUNTS: Bidder may offer cash or term discounts, or both, in its Bid and such discounts will be binding upon Bidder in the event Bidder is awarded a Contract. However, such discounts will not be considered for award purposes unless so specified in Section B.4.

C.12.4 RECIPROCAL PREFERENCE: For Bid evaluation purposes only, ODOC will add a percent increase to each out-of- State Bidders Bid price which is equal to the percent preference, if any, given to resident Bidders of the Bidders state. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, ODOC will add ten (10) percent to that Bidder’s Bid price. (See ORS 279A.120) Section F.

C.12.5 RECYCLED MATERIAL: For Bid evaluation purposes only, ODOC will deduct from the Bid price an amount equivalent to the dollar value of the percentage of the Goods offered by Bidder constituting recycled paper and non-paper products, up to a maximum of twelve percent (12%) of the Bid price for recycled paper products, and up to a maximum of five percent (5%) of the Bid price for recycled non-paper products (See ORS 279A.125).

C.12.5.1 Bidder shall provide with their Bid, all documentation by the manufacturer, on manufacturer letterhead, which clearly shows percentages of recycled material in the packaging of Goods Bid. Any Bidder that claims recycled material content but does not provide the required manufacturers documentation with the Bid, shall not receive a deduction for their claim.

C.12.6 PREFERENCE FOR OREGON GOODS AND SERVICES: ODOC prefers Oregon Goods and Services, and for Bid evaluation purposes, ODOC will apply a five percent (5%) preference for Oregon Goods fabricated or processed entirely in Oregon or Services performed entirely in Oregon. This percentage shall be deducted from the line items that qualify for this Buy Oregon Preference or from the total Bid price if all items offered in the Bid qualify for this Buy Oregon Preference. This price reduction shall be for evaluation purposes only and shall not be reflected in the pricing incorporated into the awarded Bid. (ORS 279A.128) See Section G.

C.12.6.4 FURTHER PREFERENCE FOR GOODS AND SERVICES FROM BIDDERS WHO RESIDE IN OR

WHO ARE HEADQUARTERED IN OREGON: If more than one Bidder qualifies for the preference under Section C.12.6, ODOC may give a further preference to a qualifying Bidder that resides in or is headquartered in Oregon. In such a circumstance, ODOC will give an additional five percent (5%) preference for a qualifying Bidder that resides or is “headquartered” in Oregon, for a total possible preference of ten percent (10%). This percentage shall be deducted from the total price submitted by the Bidder. This price reduction shall be for evaluation purposes only and shall not be reflected in the pricing incorporated into the awarded Bid.

C.12.6.4.1 A resident Bidder is a Bidder that has paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the Bid and has a business address in the state of Oregon.

C.12.6.4.2 To be eligible for application of the Buy Oregon Preference, the Bidder shall certify in writing that the Goods meet the Buy Oregon Preference under Section C.12.6 using the form in Section G of the ITB. To be eligible for the additional preference for Resident Bidders, the Bidder shall certify in writing that the Goods meet the Buy Oregon Preference under Section C.12.6 using the form in Section G, and shall also certify that the Bidder resides or is

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headquartered in Oregon using the form in Section G.

C.13 FURTHER EVALUATION CRITERIA:

C.13.1 IMPORTED GOODS: If Good is imported, Bidder must provide written documentation of inspection and/or passing by United States Government Department, Bureau or Agency with jurisdiction over imported Good at the Port of Customs entry if requested by the SPC. Documentation must be provided within 72 hours of written notice of request by the SPC, unless otherwise specified in this ITB.

C.13.2 MANUFACTURER'S/DISTRIBUTOR'S PRODUCT ASSURANCE: The manufacturer/distributor or Bidder (as applicable) shall certify that the Goods provided shall meet the salient characteristics of the ITB, conform to their own specifications, standards, and quality assurance practices, and be the same Goods offered for sale in the commercial market. Bidder or awarded Bidder shall provide proof of conformance to ODOC within 72 hours of written notice of request by the SPC. The SPC may request proof of conformance any time prior to Bid award and issuance of a purchase order, or after inspection of delivery.

C.13.3 CONTRACTOR'S CERTIFICATION: By submitting a Bid, the Bidder certifies that the Good offered meets the specified salient characteristics and requirements of this ITB; conforms to the manufacturer’s own specifications and standards, including Good(s) characteristics, manufacturing procedures, quality control procedures, and storage and handling practices; and is sold on the commercial market. The ODOC reserves the right to determine proof of such conformance prior to the first delivery to the ODOC location(s) as indicated in the ODOC issued Purchase Order. At ODOC’s discretion, proof of conformance may be from the point of origin (manufacture’s plant) and any time thereafter, up to and including delivery at final ODOC point of delivery destination, and as may be necessary to determine conformance with the provisions of the Contract. Bidder or Awarded Bidder, as applicable, shall have 72 hours to provide proof of conformance to ODOC upon written request from the SPC. The SPC may request proof of conformance any time prior to Bid award and Contract award, or after inspection of delivery.

C.14 ADDITIONAL GOODS INFORMATION: The SPC indicated in this ITB may request additional Goods information deemed necessary during the evaluation process. Bidder shall provide requested information to SPC within 72 hours of written notice of request by the SPC.

C.15 METHOD OF AWARD: Pursuant to the Offer evaluation criteria specified in section C.12 of this ITB, ODOC may award multiple Awards to responsive Bidders submitting responsive Offer pricing.

C.16 CLARIFICATION: ODOC reserves the right to seek clarification from Bidders of any response that, in ODOC’s sole discretion, it deems necessary or advisable. Failure to provide the requested clarification as required may result in rejection of Bid.

C.17 ANTI-DISCRIMINATION: As a condition of receiving the award of a Contract under this ITB, Proposer must certify by their Signature on Section 5 - Signature of Bidder's Duly Authorized Representative, in accordance with ORS 279A.112, that 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 that constitutes sexual harassment, sexual assault, or unlawful discrimination.

C.18 NOTICE OF INTENT-TO-AWARD (NOIA) ANNOUNCEMENT: In accordance with ORS 279B.135, ODOC may announce its Notice of Intent to Award prior to formal Contract award by posting the tabulation sheet of Bid results on OregonBuys, or by letter posted on OregonBuys ("NOIA Announcement"). The NOIA Announcement shall serve as notice to all Bidders that ODOC intends to make an award. Bid files are public records and available for review on OregonBuys pursuant to ORS 279B.055(5)(c).

C.19 PAY EQUITY: 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, 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

ITB ORS 179 PROCUREMENTS – DOC INSTITUTION - DAS RULE 13 DOJ; LEGAL SUFFICIENCY

employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

C.19.1 Who’s Affected? As a bidder or proposer, you will be required to provide proof of an unexpired Pay Equity Compliance Certificate at the time of determination of responsibility; when the contract is valued at $500,000.00 or more and you employ 50 or more full-time employees.

C.19.2 How to Comply: The Department of Administrative Services (DAS) offers Pay Equity Compliance Certificate training for free. It covers the following topics: What is Pay Equity? Why is Pay Equity Important? Benefits of Pay Equity? Federal/State Laws and Achieving Pay Equity in Your Workplace. To complete the training and receive the Pay Equity certificate the contractor’s authorized representative must pass an 11-question quiz with a score of 80% or better.

C.19.2.1 For Instructions on how to create an account, go to: State of Oregon: Procurement - Pay equity

C.20 PROTEST OF NOTICE OF INTENT TO AWARD (NOIA): Adversely affected or aggrieved Bidders shall have seven (7) calendar days from the date and time of the NOIA Announcement within which to file a written protest unless the provisions stated in C.22 are met. ODOC will not consider protests submitted after that date and time. Bidders must specify in the protests the grounds upon which the protest is based (Refer to ORS 279B.405, 279B.410, and ORS 279B.415).

C.21 RESPONSE TO INTENT-TO-AWARD PROTESTS: ODOC will respond in writing to NOIA protests, submitted by adversely affected or aggrieved Bidders. ODOC may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by ODOC is not intended to, and shall not in and of itself constitute, confirmation that the Bidder is, in fact, adversely affected or aggrieved, and therefore entitled to protest a NOIA, or that the protest was timely or correctly filed.

C.22 AWARD: After expiration of the seven (7) calendar-day of the NOIA Announcement protest period, and resolution of all properly submitted protests, ODOC will proceed with final award. If ODOC receives only one Bid, ODOC may dispense with the NOIA and proceed with the award of a Contract.

C.23 BID RESULTS: Awarded Bid files are public record and available for review. After Award(s) are completed; Bidders may download a tabulation of Bid results posted on OregonBuys. Alternatively, Bidders may submit a written request to ODOC for a copy of the tabulation. ODOC may charge fees for supplying public records in response to written requests. When fees are charged, ORS 192 requires that recoverable fees be paid before the public records are made available (“…no inspection and/or duplication of record(s) is authorized until payment has been received”).

C.24 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER: The Bidder shall provide all Certificate of Insurance Certificates, Section 1.31, within seven (7) calendar days of NOIA, unless that time period is extended by ODOC. ODOC may reject the Bid if the apparent successful Bidder fails to present the Certificate of Insurance within seven (7) calendar days after NOIA. Insurance certificates shall be sent to:

DOC.ProcurementInsuranceCertificates@doc.oregon.gov

The Department of Corrections must be listed as an Additional Insured on the certificate with regards to the General Commercial Liability, Auto, and Workman’s Comp coverage and description: The State of Oregon, it’s departments, divisions, officers and employees are included as additional insured as respects to General Liability and Automobile Liability.

Dept. of Corrections - State of Oregon, Attn: Purchasing Unit, Suite 200 3723 Fairview Industrial Drive Salem, OR 97301

In the event that ODOC rejects a Bid pursuant to this Section C.24, ODOC will not rescore bids, but instead, ODOC will award the Contract to the next lowest responsive/responsible successful Bidder.

C.24.1 CONTACT PERSON: The apparent successful Bidder shall designate one or more person(s) to act as Bidder’s authorized representative and Contract Administrator under the Contract(s) to be awarded. The name, address, and telephone number(s) of such person shall be provided to the ODOC SPC within seven (7) calendar days of notification of award.

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx mailto:DOC.ProcurementInsuranceCertificates@doc.oregon.gov

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C.24.2 REQUIREMENTS TO TRANSACT BUSINESS IN OREGON: An apparent successful Bidder who is a corporation, partnership, or who has an assumed business name must be registered with the Secretary of State Office pursuant to ORS chapters 58, 60, 62, 63, 65, 67, 70, and 648.010.

http://sos.oregon.gov/business/Pages/doing-business-means.aspx

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SECTION D - RESPONSIBILITY INQUIRY AND CONTRACTOR REFERENCES

RESPONSIBILITY NOTIFICATION: ODOC reserves the right, pursuant to ORS 279B.110, to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Bidder's responsibility to perform the Contract and any resulting Contracts. Bidder's submission of a signed Bid shall constitute Bidder's authorization for ODOC to obtain, and Bidder's agreement to produce for ODOC’s review and copying, any information ODOC deems necessary to conduct the evaluation. ODOC shall notify the apparent successful Bidder, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information;

materials/equipment/inventory; facility and personnel information; record of contract performance; etc. ODOC may reject a Bid, if Bidder fails to promptly provide this information. ODOC may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate Responsibility, as required under ORS 279B.110, shall render the Bidder non-responsible and shall constitute grounds for Bid rejection.

D.1 Number of years in business selling the good(s) and providing the services made the subject of this ITB: ___________.

D.2 Number of pending contracts for good(s) and associated services equivalent in type, volume and value to those required under this

ITB: __________.

D.3 Number of factory-authorized service representatives available to provide warranty or repair services under the contract to be awarded: __________.

D.4 Locations of representatives identified in section D.3, including physical addresses and phone numbers:

D.5 Within the past five (5) years, has bidder had any lawsuits filed against it involving contract disputes? YES NO. If “YES,” indicate dates and ultimate resolution of suit (include jurisdiction and date of final judgment or dismissal).

D.6 Within the past 24 months, 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,” supply filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

D.7 Within the past 24 months, has bidder had any lawsuits filed against it by creditors? YES NO. If “YES,” indicate dates and ultimate resolution of suit (, include jurisdiction and date of final judgment or dismissal).

D.8 Within the past 24 months, has bidder had any administrative actions taken against it by any federal or state administrative agency, board or commission, including the state of Oregon? YES NO. If “yes,” indicate dates and ultimate resolution of administrative proceedings (administrative agency, board or commission order, include name of agency, board or commission and date of order).

D.9 Bidders must provide three (3) references having contract(s) with bidder within the past twenty-four (24) months that are equivalent in type, volume, and value to the terms contemplated in this ITB. Each reference contacted will be asked the same questions, including but not limited to the above factors, including:

1. What was the supplier quality of goods, workmanship and/or services?

2. Was the Supplier responsive to reported problems, including orders and billing?

3. Did the Supplier communicate with owner?

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4. Did the Supplier meet the terms of the contract?

5. Would the owner choose to award a contract to this Supplier again?

D.9.1 BIDDER REFERENCE #1:

Firm Name: ___________________________________________________________________

Address: ______________________________________________________________________

Contact person and position: ______________________________________________________

Telephone number: _____________________________________________________________

E-mail address: _________________________________________________________________

D.9.2 BIDDER REFERENCE #2

Firm name: ____________________________________________________________________

Address: ______________________________________________________________________

Contact person and position: ______________________________________________________

Telephone number: _____________________________________________________________

E-mail address: _________________________________________________________________

D.9.3 BIDDER REFERENCE #3

Firm name: ____________________________________________________________________

Address: ______________________________________________________________________

Contact person and position: ______________________________________________________

Telephone number: _____________________________________________________________

E-mail address: _________________________________________________________________

ITB ORS 179 PROCUREMENTS – DOC INSTITUTION - DAS RULE 17 DOJ; LEGAL SUFFICIENCY

SECTION E- RECYCLED PRODUCTS CERTIFICATION (PART A)

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

“Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. Recycled product also includes any product that could have been disposed of as a solid waste; having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form. ORS 279A.010(1)(ii)

“Post-consumer waste” means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. Post-consumer waste does not include manufacturing waste. ORS 279A.010(1)(u).

“Secondary waste materials” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process. ORS 279A.010(1)(jj)

“Recycled PETE product” means a product containing post-consumer polyethylene terephthalate material. ORS 279A.010(1)(hh)

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SECTION E- RECYCLED PRODUCTS CERTIFICATION (PART B)

I, the undersigned duly authorized representative of the Bidder, hereby certify that the following product, offered in this Bid contain the following minimum percentages:

Identify the Goods and respond to the following regarding those Goods:

a) % (recycled product as defined in ORS 279A.010(1)(ii) ____

b) % (post-consumer waste as defined in ORS 279A.010(1)(u) ____

c) % (secondary waste materials as defined in ORS 279A.010(1) (jj) ____

d) % (recycled PETE product as defined in ORS 279A.010(1) (hh) ____

Bidder must provide a separate signed Recycled Product Certification for each of the Goods identified.

Authorized Signature: ________________________________________________ Date: ____________

Typed or Printed Name of Authorized Representative

Title

Company Name and Address

ITB ORS 179 PROCUREMENTS – DOC INSTITUTION - DAS RULE 19 DOJ; LEGAL SUFFICIENCY

SECTION F- RESIDENCY INFORMATION (PART A)

ORS 279A.120 states "In determining the lowest responsible bidder, a public contracting agency shall, for the purpose of awarding the contract, add a percent increase on the bid/proposal of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides."

"Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid/proposal, has a business address in this state and has stated in the bid or proposal whether the bidder…