PCS22-005ITB_Engine Trainers.pdf

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INVITATION TO BID

Solicitation No: PCS22-005ITB

Engine Trainers

ITB Closing (Due Date & Time):

November 1, 2022 at 2:00 PM Pacific Time

Issued by:

Portland Community College

PO Box 19000 Portland, OR 97280-0990

September 30, 2022

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Table of Contents

SUMMARY

SECTION I – INTRODUCTION

1. INTRODUCTION

2. DEFINITIONS

3. SOLICITATION REVIEW

4. BACKGROUND

5. SCOPE OF WORK

6. CONTRACT

7. AMENDMENTS

8. COLLEGE REPRESENTATIVE

9. SOLICITATION SCHEDULE

10. CONTACT DURING SOLICITATION

11. ELECTRONIC BIDS

12. BIDLOCKER

SECTION II – STATEMENT OF WORK

1. INTRODUCTION

2. PROJECT DESCRIPTION

3. SPECIFIC REQUIREMENTS

4. PROJECT SCHEDULE

5. BUSINESS EQUITY

6. SUSTAINABILITY COMMITMENT

7. ADDITIONAL REQUIREMENTS

SECTION III – RESPONSE AND EVALUATION

1. BID PREPARATION

2. FORMS

3. BID EVALUATION

SECTION IV – PUBLIC PROCUREMENT RULES

1. FORMAL SELECTION PROCEDURE - Pursuant to OAR 137-047-0255

2. PRE-BID CONFERENCE - Pursuant to OAR 137-047-0420

3. BIDS ARE OFFERS - Pursuant to OAR 137-047-0310

4. ELECTRONIC PROCUREMENT - Pursuant to OAR 137-047-0330

5. BID PREPARATION - Pursuant to OAR 137-047-0400

6. BID SUBMISSION - Pursuant to OAR 137-047-0410

7. ADDENDA - Pursuant to OAR 137-047-0430

8. QUESTIONS/CLARIFICATIONS/CHANGES & SOLICITATION PROTEST

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF BIDS - Pursuant to OAR 137-047-0440

10. RECEIPT, OPENING, & RECORDING OF BIDS - Pursuant to OAR 137-047-0450

11. LATE BIDS, LATE WITHDRAWALS, & LATE MODIFICATIONS - Pursuant to OAR 137-047-0460

12. MISTAKES - Pursuant to OAR 137-047-0470

13. TIME FOR AGENCY ACCEPTANCE - Pursuant to OAR 137-047-0480

14. EXTENSION OF TIME FOR ACCEPTANCE OF BID - Pursuant to OAR 137-047-0490

15. EVALUATION & AWARD - Pursuant to OAR 137-047-0600

16. NOTICE OF INTENT TO AWARD - Pursuant to OAR 137-047-0610

17. REJECTION OF A BID - Pursuant to OAR 137-047-0640

18. REJECTION OF ALL OFFERS - Pursuant to OAR 137-047-0650

19. SOLICITATION CANCELLATION - Pursuant to OAR 137-047-0660

20. BID COSTS

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21. SOLICITATION PROTEST - Pursuant to OAR 137-047-0730

22. CONTRACT AWARD PROTEST - Pursuant to OAR 137-047-0740

23. ADDITIONAL REQUIREMENTS

24. CONFIDENTIALITY OF BIDS

25. MULTI-TIERED & MULTISTEP BIDS – Pursuant to OAR 137-047-0257

SECTION V - RESERVED

SECTION VI – ATTACHMENTS

BID SUBMISSION CHECKLIST

ATTACHMENT A - BIDDER CERTIFICATION

ATTACHMENT B - CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR

ATTACHMENT C - AFFIDAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS

ATTACHMENT D - NON-CONFLICT OF INTEREST CERTIFICATION

ATTACHMENT E - BIDDER RESPONSIBILITY FORM

ATTACHMENT F - BIDDER REFERENCE FORM

ATTACHMENT G – PRICE SCHEDULE

ATTACHMENT H – SAMPLE PURCHASE ORDER

Financial Services Procurement and Contract Services

PO Box 19000, Portland, OR 97280-0990 contracts@pcc.edu, 971.722.2821

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INVITATION TO BID

Solicitation No: PCS22-005ITB

Engine Trainers

SUMMARY

The purpose of this Invitation to Bid (Solicitation) is to obtain competitive Bids from qualified Bidders interested in the provision of Engine Trainers for Portland Community College.

No Pre-Bid Conference is scheduled for this Solicitation.

Bidders must submit their Bid pursuant to the provisions of this Solicitation to Michael Mathews, College Purchasing Manager, or designee, via Portland Community College’s BidLocker page: https://bidlocker.us/a/pcc/, PRIOR to the Closing:

SOLICITATION CLOSING: November 1, 2022 at 2:00 PM Pacific Time

LATE BIDS WILL NOT BE ACCEPTED.

Timely submitted Bids will be opened in public and read aloud immediately after Closing at Portland Community College Downtown Center, 722 SW 2nd Ave, Portland, OR 97204 and virtually as detailed in SECTION I of this Solicitation.

Bidders are solely responsible for ensuring that Portland Community College receives its Bid.

The Solicitation documents can be found on BidLocker at https://bidlocker.us/a/pcc/.

Minority-Owned, Women-Owned, Emerging Small Businesses, Service Disabled Veteran-Owned, and Disadvantaged Business Enterprises are encouraged to submit a response to this Solicitation.

BIDDERS MUST FAMILIARIZE THEMSELVES WITH THE ENTIRE SOLICITATION.

All questions and comments regarding this solicitation must be directed ONLY IN WRITING to Michael Mathews, by email to: contracts@pcc.edu.

NOTE: This email address is NOT the secure email address to be used when submitting a Bid.

BIDS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE COLLEGE MAY REJECT ANY BID NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS.

https://bidlocker.us/a/pcc/ https://bidlocker.us/a/pcc/BidLocker

Engine Trainers

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SECTION I – INTRODUCTION

1. INTRODUCTION

1.1. This Solicitation is issued pursuant to ORS 279A, ORS 279B, ORS 279C and the PCC Community College Rules of Procurement.

2. DEFINITIONS

2.1. The term "College", “PCC”, or “Owner” throughout this document means Portland Community College. The term “Bidder” means the person or firm that submits a Bid in response to this Solicitation. The term “Bid” or “Offer” means a written response to provide Goods or Services in response to this Solicitation. “Closing” means the date and time specified in the Solicitation as the deadline for submitting Bids. The term “Contractor” or “Supplier” means the firm awarded a Contract as a result of this Solicitation.

3. SOLICITATION REVIEW

3.1. Bidders must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the College's attention by protest pursuant to QUESTIONS/CLARIFICATIONS/CHANGES & SOLICITATION PROTEST in SECTION IV – PUBLIC PROCUREMENT RULES, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND

4.1. As the largest post-secondary institution in Oregon, Portland Community College serves over 60,000 full-time and part-time students. The College offers high-quality education and opportunities for its students, which in turn contributes to the vibrancy of Portland's economic community.

4.2. The College aims to educate a skilled workforce, prepare students to successfully transfer to four-year schools, enrich the community through lifelong learning, build a greener workforce and shrink our carbon footprint, and be a sound financial steward of public dollars.

4.3. Four comprehensive campuses, eight centers, and dozens of independent locations throughout the community offer courses and provide student services. Online Learning gives students the ability to take classes off campus.

5. SCOPE OF WORK

5.1. To provide Engine Trainers and Diesel Engine Trainers for educational purposes for Portland Community College Automotive Technology program.

6. CONTRACT

6.1. The successful Bidder (s), selected by the College, will receive a Purchase Order (PO). A sample is enclosed herein (See Attachments). The provisions of the PO are in addition to the requirements set forth in this Solicitation.

6.2. Bidders are advised to thoroughly review and familiarize themselves with the standard Purchase Order. Certain terms reflect state statute and may not be altered. Federal funds will be used to pay

SECTION I - INTRODUCTION

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for this purchase. The Federal Terms and Conditions included in the sample Purchase Order may not be altered.

6.3. The Contractor will be expected to accept the Purchase Order including all terms and conditions contained in the sample PO. The College will execute the PO only after it has obtained all applicable required documents and approvals.

6.4. Personnel substitution – If the Contractor must substitute personnel included in the original Bid, they must obtain written College approval of substituted personnel, prior to substitution.

6.5. Any references and/or requirements of the Contractor to the College must apply to sub-contractors’ requirements to the College and Contractor.

7. AMENDMENTS

7.1. The College may amend a Contract without additional competition pursuant to OAR 137-047-0800.

8. COLLEGE REPRESENTATIVE

8.1. The College Representative will be Jay Kuykendall, Auto Service Technology Instructor or designee.

The College Representative must not be contacted during the Solicitation process.

9. SOLICITATION SCHEDULE

9.1. The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Bidder information only. Required dates for contract period milestones are provided elsewhere in this Solicitation. The College reserves the right to deviate from this schedule.

Solicitation Milestone Date

Deadline for Questions 10/21/2022

Closing 11/1/2022 at 2PM

Notice of Intent to Award (NOI) On or about 11/1/2022

Issue PO On or about 11/18/2022

10. CONTACT DURING SOLICITATION

10.1. Questions must be submitted in writing via email to contracts@pcc.edu as indicated on the Summary page of this Solicitation. No other contact regarding this Solicitation during the solicitation process is permitted. Unauthorized contact regarding this solicitation may subject the offender’s Bid to rejection.

11. ELECTRONIC BIDS

11.1. Electronic Bids will be accepted and must be submitted no later than the Closing Date and Time via Portland Community College’s BidLocker page (https://bidlocker.us/a/pcc/) as indicated on the Summary Page of this Solicitation. Instructions for submitting a Bid can be found in the Bid Locker https://bidlocker.us/a/pcc/ https://bidlocker.us/uploads/library-files/29/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf

SECTION I - INTRODUCTION

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Secure Bid Submissions Vendor’s Guide (https://bidlocker.us/uploads/library-files/29/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf)

12. BIDLOCKER

12.1. Additional information regarding this solicitation is available on the College’s BidLocker website:

https://bidlocker.us/a/pcc/

13. PUBLIC BID OPENING

13.1. A public bid opening will be held at 722 SW 2nd Avenue Portland, OR 97204. Bids will be publicly opened and read aloud at the date and time indicated in the Solicitation Schedule. Any interested party is invited to attend. The Public Bid opening will also be streamed via a virtual meeting, login information will be posted via an addendum on the Bidlocker system not later than 5:00PM on October 25, 2022.

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SECTION II – STATEMENT OF WORK

1. INTRODUCTION

1.1. Through our Automotive Service Technology program, Portland Community College provides a “hands-on” training portion on Engine Trainers and Diesel Engine Trainers, to give students the opportunity to train on newer technologies in a realistic environment.

2. PROJECT DESCRIPTION

2.1. Portland Community College is seeking the provision of Engine Trainers and Diesel Engine Trainers for educational purposes for the College’s Automotive Technology program.

3. SPECIFIC REQUIREMENTS

3.1. Two (2) each – Fully operational self-contained 4 cylinder automotive engine trainer equipped with the following: Gasoline Direct Injection (GDI), Turbocharger, Dual Overhead Camshafts (DOHC) with variable camshaft timing on both camshafts, fully functional EVAP system, electronic throttle control, Wide range air-fuel ratio sensor(s), CAN bus communication network, fully functional instrument cluster, and complete, fully functional Heating Ventilation and Air Conditioning (HVAC) system. Trainer must be mounted on a mobile stand and include the following: integrated Break-Out Box, manual Fault Box for HVAC, Custom Forklift Bars Set, Coolant Flow Sight Glass, Scanner Shelf for Handheld Scan Tools, Secondary Key for Engine Bench with Programming, Custom Electronic Fault Box, AC System Sight Glasses w/H-Block, 12 volt automotive battery with 110 volt auxiliary charger, Transport Handle for Engine Bench, and DYVO (or equal, preapproval by the College is required for any substitutions) – Pro Kit (Diagnostic Tool Add-On).

One (1) each - Fully operational self-contained Ford 6.7L, General Motors 6.6L, or Ram 6.7L Diesel Engine Trainer equipped with the following: high pressure common rail fuel system, Piezo electric fuel injectors, turbocharger(s), and a functional electronically controlled automatic transmission. Must also be equipped with complete exhaust after treatment system including a Diesel Particulate Filter (DPF), Diesel Oxidation Catalyst (DOC), Selective Catalyst Reduction (SCR), and functional Diesel Exhaust Fluid (DEF) system with storage tank. Trainer must be mounted on a mobile stand to include the following:

integrated Break-Out Box, Custom Coolant Flow Sight Glass, and Secondary Key for Engine Bench with Programming, two 12 volt batteries with 110 volt auxiliary charger, Scanner Shelf for Handheld Scan Tools, Electronic Fault Box, and Vinyl Dust Cover.

3.2. Include freight, and any other potential costs associated with the provision of the Engine Trainers and the Diesel Engine Trainer.

3.3. Engine Trainers shall be shipped FOB destination.

3.4. Contractor is responsible to provide a working environment which fosters respect, dignity, and equity for all of their employees as well as College staff and students. Contractor recognizes that everyone has a fundamental right to a workplace and learning environment free from harassment.

4. PROJECT SCHEDULE

4.1. The contract milestones are set forth below. The dates are approximate but will be followed to the extent reasonably possible. The purpose of this schedule is for information only.

SECTION II – STATEMENT OF WORK

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Milestone Date

Issue PO On or about 11/18/2022

Project Completion June 30, 2023

5. BUSINESS EQUITY

5.1. Portland Community College is committed to a procurement strategy that achieves College wide race and gender contracting equity while providing small business opportunity and regional economic growth.

6. SUSTAINABILITY COMMITMENT

6.1. Portland Community College is committed to the use and purchase of environmentally and socially responsible materials and products, which are fiscally responsible, reduce resource consumption and waste, perform adequately, and promote human health and well-being. Recognizing its regional economic role, the College will seek opportunities to educate, encourage, and influence their respective markets by utilizing, where feasible, products and services, including new environmentally preferable products, reusable products, recycled content, and recycled products.

7. ADDITIONAL REQUIREMENTS

7.1. Contractor must employ only persons duly licensed by the State of Oregon to perform the Work required under this Contract for which applicable Oregon Law requires a license.

7.2. The Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services requested by this Solicitation.

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SECTION III – RESPONSE AND EVALUATION

1. BID PREPARATION

1.1. Bidder must complete and return as its Bid, the required Affidavit, Certifications and Forms included as Attachments to this Solicitation. (See Section VI - ATTACHMENTS)

1.2. Failure to complete, sign, and submit these and any other document(s) as requested or required in accordance with this Solicitation may be grounds to declare the Bid nonresponsive.

2. FORMS

2.1. The attached Required Affidavit, Certifications, and Forms are to be included in the Bid.

2.2. Copies of the included forms (See Section VI - ATTACHMENTS) are to be completed and submitted by the Bidder along with other required documents as required by this Solicitation.

2.3. References. If the Bidder has performed any project or work with the College in the last ten (10) years, one of the references must be from the Bidder’s most recent contract with the College.

3. BID EVALUATION

3.1. Responsiveness and Responsibility: The College will utilize the following objective factors to determine if Bids are Responsive and Bidders are Responsible:

3.1.1. Responsive Bid (OAR 137-046-0110). A Responsive Bid is a Bid that substantially complies in all material respects with the requirements of this Solicitation.

3.1.2. Responsibility of Bidder (OAR 137-047-0500).

3.1.2.1. Before awarding a Contract, the College shall determine that the Bidder submitting the lowest Bid is Responsible. The College shall use the standards set forth in ORS 279B.110 and OAR 137-047-0640(1)(c)(F) to determine if a Bidder is Responsible. In the event the College determines a Bidder is not Responsible, it shall prepare a written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Bid

3.1.2.2. In addition to making the responsibility determination under ORS 279B.110 and OAR 137-047-0640(1)(c)(F), the College may consider (as authorized by House Bill 2094 (2019 Oregon Laws, chapter 124)), as part of the College’s evaluation of a Bid, whether the Bidder owes a liquidated and delinquent debt to the state.

3.2. Contingent Bids. The Bidder must not make its Bid contingent upon the College's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

3.3. Non-Resident Bidders. In determining the lowest Bid, the College shall apply the reciprocal preference set forth in ORS 279A.120(2)(b) and OAR 137-046-0310.

3.4. Identical Bids. When one or more Bids are identical under OAR 137-046-0300, the College shall award a Contract in accordance with the procedures set forth in OAR 137-046-0300.

SECTION III – RESPONSE AND EVALUATION

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3.5. Recycled Materials. The College may give preference for Recycled Materials as set forth in ORS 279A.125 and OAR 137-046-0320.

3.6. Clarification of Bids. After Opening, the College may conduct Discussions with apparent Responsive Bidder(s) for the purpose of clarification and to assure full understanding of the Bid.

3.7. Negotiation. The College may not negotiate with any Bidder. After Award of the Contract, the College may only modify an awarded Contract in accordance with OAR 137-047-0800.

3.8. Objective Criteria. The College may allow, at its discretion, certain other objective evaluation criteria.

Examples of such criteria include but are not limited to conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, ownership or lifecycle cost formulas.

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SECTION IV – PUBLIC PROCUREMENT RULES

1. FORMAL SELECTION PROCEDURE - Pursuant to OAR 137-047-0255

1.1. The College may procure Goods or Services by competitive sealed bidding as set forth in ORS 279B.055.

2. PRE-BID CONFERENCE - Pursuant to OAR 137-047-0420

2.1. Purpose. The College may hold pre-Bid conferences with prospective Bidders prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

2.2. Required Attendance. The College may require attendance at the pre-Bid conference as a condition for making an Offer. If the College’s pre-Bid conference is mandatory (as indicated on the Summary Page), a Bid submitted by a Bidder who did not attend the mandatory pre-Bid conference will be rejected.

2.3. Statements Not Binding. Statements made by the College's representatives at the pre-Bid conference do not change the Solicitation unless the College confirms such statements with a Written Addendum to the Solicitation.

3. BIDS ARE OFFERS - Pursuant to OAR 137-047-0310

3.1. Offer and Acceptance. A Bid submitted in response to this Solicitation is the Bidder’s offer to enter into a Contract. The Bid is a "firm offer," and must be held open by the Bidder for the College's acceptance for sixty (60) days. The College may elect to accept the Bid at any time during the specified period, and the College's Award of the Contract constitutes acceptance of the Offer and binds the Bidder to the Contract.

3.2. Contingent Bids. The Bidder must not make its Bid contingent upon the College's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

3.3. Bidder’s Acknowledgement. By signing and submitting a Bid, the Bidder acknowledges that it has read, understands, accepts and agrees to be bound by the terms and conditions contained in this Solicitation.

4. ELECTRONIC PROCUREMENT - Pursuant to OAR 137-047-0330

4.1. The College may conduct all phases of a procurement by electronic methods to the extent specified in the Solicitation.

4.2. If electronic Bid submissions are allowed, the College will provide a secure email address for receipt of electronic Bids and shall open electronic Bids in accordance with the College’s electronic security measures. Bidders assume the risk of premature disclosure due to submission to any other email address.

4.3. Failure of the E-Procurement System. In the event of a failure of the College’s Electronic Procurement System that interferes with the ability of Bidders to submit Electronic Bids, the College may cancel the Solicitation in accordance with OAR 137-047-0660, or may extend the date and time for receipt of Electronic Bids by providing notice of the extension immediately after the Electronic Procurement System becomes available.

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5. BID PREPARATION - Pursuant to OAR 137-047-0400

5.1. Instructions. A Bidder must sign and submit its Bid in accordance with the instructions set forth in this Solicitation. Failure to submit Bids in accordance with the provisions of this Solicitation will be grounds to declare the Bid as non-Responsive. Bidders must:

5.1.1. Submit a complete Bid (a Bid that meets all requirements of this Solicitation);

5.1.2. Initial any corrections or erasures to their Bid prior to Closing;

5.1.3. Identify (on the Bidder Certification) whether the Bidder is/is not a "resident Bidder”, as defined in ORS 279A.120(1);

5.1.4. Provide (on the Bidder Certification) certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

5.1.5. Provide (on the Bidder Certification) Written acknowledgment of receipt of all Addenda.

5.2. Documents. A Bidder must provide the College with all required and requested forms, documents, and descriptive literature;

6. BID SUBMISSION - Pursuant to OAR 137-047-0410

6.1. Identification of Bids. To ensure proper identification and handling, Bids must be submitted via BidLocker and must be identified with the Solicitation Number and Solicitation. Bids must only be submitted to the person and location indicated on the Summary page of this Solicitation. Facsimile Bids will not be accepted.

6.2. The College is not responsible for Bids submitted in any manner, format, or to any delivery point other than as required in this Solicitation.

6.3. Receipt of Bids. Bidders are solely responsible for ensuring that the College receives their Bid at the required delivery point prior to Closing, regardless of the method used to submit or transmit the Bid.

7. ADDENDA - Pursuant to OAR 137-047-0430

7.1. Issuance; Receipt. The College may change this Solicitation only by Written Addenda. A Bidder must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Bidder Certification.

7.2. Notice and Distribution. The College will publish notice of all Addenda on the College’s BidLocker webpage. Addenda may be downloaded from the BidLocker. It is the Bidders’ responsibility to inquire about Addenda. Bidders should frequently check BidLocker until Closing (due date and time) about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

7.3. Timelines; Extensions. The College will issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bid. The College may extend the Closing if the College determines prospective Bidders need additional time to review and respond to Addenda.

Except to the extent required by public interest, the College will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

7.4. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Bidder may submit a Written request for change or protest to the Addendum, as provided in OAR 137-047-

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0730, by the close of the College's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-047-0730, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with OAR 137-047-0730, then the College may consider a Bidder’s request for change or protest to the Addendum only, and the College will not consider a request for change or protest to matters not added or modified by the Addendum.

8. QUESTIONS/CLARIFICATIONS/CHANGES & SOLICITATION PROTEST

8.1. Bidders may request changes or clarifications to, or protest, any provision, specification or Contract term contained in this Solicitation:

8.2. Questions, Clarifications, Changes. All questions regarding this Solicitation must reference the Solicitation number and must be submitted in writing via e-mail to the attention of the person indicated on the Summary page of this Solicitation. No oral questions will be accepted other than at the pre-Bid conference (if any). Questions received by the College prior to deadline will be answered in written addenda.

8.3. Deadline. Questions, changes, clarifications, or protests must be received by the College by noon Pacific Time not later than ten (10) calendar days prior to the date Bids are due, or as stated in the Solicitation Schedule in SECTION I - INTRODUCTION. The College will not consider any protest or request for change that is submitted after the submission deadline.

8.4. Response. Responses to questions/clarifications and notice of the College’s protest determination will be provided in written addenda pursuant to ADDENDA above. The College’s response to a Bidder, whether orally or in Writing, does not change the Solicitation and is not binding on the College unless the College amends the Solicitation by written Addendum.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF BIDS - Pursuant to OAR 137-047-0440

9.1. Modifications. A Bidder may modify its Bid in Writing only prior to Closing. A Bidder shall prepare and submit any modification to its Bid to the College in accordance with OAR 137-047-0400 and 137- 047-0410. Any modification must include the Bidder's statement that the modification amends and supersedes the prior Bid. The Bidder must deliver the submitted modification as described in BID SUBMISSION above and mark it as follows:

9.1.1. “Bid Modification”, and

9.1.2. Solicitation Number.

9.2. Withdrawals.

9.2.1. A Bidder may withdraw its Bid by Written notice submitted on the Bidder's letterhead, signed by an authorized representative of the Bidder, delivered to the individual and location specified in the Solicitation (or the place of Closing if no location is specified), and received by the College prior to the Closing.

9.2.2. The College may release an unopened, withdrawn Bid to the Bidder or its authorized representative after voiding any date and time stamp mark.

9.2.3. The Bidder must mark the Written request to withdraw a Bid as follows:

9.2.3.1. “Bid Withdrawal”, and

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9.2.3.2. Solicitation Number.

9.3. Bidders are responsible for ensuring that the College receives its modification or withdrawal.

10. RECEIPT, OPENING, & RECORDING OF BIDS - Pursuant to OAR 137-047-0450

10.1. Receipt. The College will electronically or mechanically time-stamp or hand-mark each Bid and any modification upon receipt. The College shall not open the Bid or modification upon receipt, but shall maintain it as confidential and secure until Opening. If the College inadvertently opens a Bid or a modification prior to the Opening, the College shall return the Bid or modification to its secure and confidential state until Opening.

10.2. The Bidder is responsible for ensuring that the College receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid. The College will not be responsible for the premature opening or failure to open a Bid that is not properly addressed and/or identified.

10.3. Opening and Recording. The College shall publicly open Bids including any modifications made to the Bid pursuant to OAR 137-047-0440(1). The College shall read aloud the name of each Bidder, and such other information as the College considers appropriate. However, the College may withhold from disclosure information in accordance with ORS 279B.055(5)(c).

11. LATE BIDS, LATE WITHDRAWALS, & LATE MODIFICATIONS - Pursuant to OAR 137-047-0460

11.1. Any Bid received after Closing is late. A Bidder’s request for withdrawal or modification of a Bid received after Closing is late. The College will not consider late Bids, withdrawals, or modifications except as permitted in MISTAKES below. The College reserves the right to consider Bids that have been delayed or mishandled by the College.

12. MISTAKES - Pursuant to OAR 137-047-0470

12.1. Generally. To protect the integrity of the competitive Procurement process and to ensure fair treatment of Bidders, the College will carefully consider whether to permit waiver, correction, or withdrawal of Bids for certain mistakes.

12.2. College Treatment of Mistakes. The College will not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the College discovers certain mistakes in a Bid after Opening, but before Award of the Contract, the College may take the following action:

12.2.1. The College may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder’s failure to:

12.2.1.1. Return the correct number of signed Bids or the correct number of other documents required by the Solicitation;

12.2.1.2. Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and

12.2.1.3. Acknowledge receipt of an Addendum to the Solicitation, provided that it is clear on the face of the Bid that the Bidder received the Addendum and intended to be

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bound by its terms; or the Addendum involved did not affect price, quality or delivery.

12.2.2. The College may correct a clerical error if the error is evident on the face of the Bid or other documents submitted with the Bid, and the Bidder confirms the College's correction in writing. A clerical error is a Bidder's error in transcribing its Bid. Examples are provided in OAR 137-047-0470(2)(b).

12.2.3. The College may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only in accordance with OAR 137-047-0470(2)(c) and (d).

12.3. Rejection for Mistakes. The College shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents submitted with the Bid.

12.4. Identification of Mistakes after Award. Following Award, a Bidder is bound by its Bid, and may withdraw its Bid or rescind a Contract entered into pursuant to OAR 137-047 only to the extent permitted by applicable law.

13. TIME FOR AGENCY ACCEPTANCE - Pursuant to OAR 137-047-0480

13.1. A Bidder’s Bid is a Firm Offer, irrevocable, valid, and binding on the Bidder for not less than the time period following Closing specified in this Solicitation.

14. EXTENSION OF TIME FOR ACCEPTANCE OF BID - Pursuant to OAR 137-047-0490

14.1. The College may request, orally or in Writing, that Bidders extend, in writing, the time during which the College may consider their Bid(s). If Bidder agrees to such extension, the Bid shall continue as a Firm Offer, irrevocable, valid and binding on the Bidder for the agreed-upon extension period.

15. EVALUATION & AWARD - Pursuant to OAR 137-047-0600

15.1. Evaluation of Bids

15.1.1. Award When Bids are Identical. When Bids are identical the College must Award the contract Pursuant to OAR 137-046-0300.

15.1.2. Public Printing. The College shall apply the public printing preference set forth in ORS

282.210 for the purpose of evaluating Bids.

15.2. Clarification of Bids. After Opening, the College may conduct discussions with apparent Responsive Bidders for the purpose of clarification to assure full understanding of the Bids. All Bids, in the College's sole discretion, needing clarification will be accorded such an opportunity.

15.3. Negotiations. The College shall not negotiate with any Bidder. After Award of the Contract the College and Contractor may only modify the Contract in accordance with OAR 137-047-0800.

15.4. Award.

15.4.1. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the Portland Community College Board of Directors, the College reserves the right to cancel any Solicitation at no penalty.

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15.4.2. If awarded, the College will award a Contract to the Responsible Bidder(s) that submitted the most advantageous Responsive Bid(s), and that meets the requirements of this Solicitation.

15.4.3. The College may award by item, groups of items or the entire Bid.

15.4.4. The College may Award multiple Contracts if beneficial to the College for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the College. This notice of Multiple Awards does not preclude the College from awarding a single Contract.

15.4.5. The College may award a Contract for parts of the Solicitation for which acceptable Bids have been received.

15.4.6. The College may award all or none Offers if the evaluation shows an all or none Award to be the most Advantageous or in the best interest of the College.

15.4.7. The College may reject all or part of Bids and may issue a new Solicitation on the same or revised terms, conditions and Specifications.

16. NOTICE OF INTENT TO AWARD - Pursuant to OAR 137-047-0610

16.1. Notice of Intent to Award. The College will provide written Notice of Intent to Award (NOI) to all Bidders at least seven (7) calendar days before the Award of a Contract, unless the College determines that circumstances justify prompt execution of the Contract, in which case the College may provide a shorter notice period.

16.2. Finality. The College's Award will not be final until the later of the following:

16.2.1. Seven (7) calendar days after the date of the NOI, or

16.2.2. The College provides written response(s) to all timely filed protest(s) denying the protest(s) and affirming the Award.

17. REJECTION OF A BID - Pursuant to OAR 137-047-0640

17.1. The College may reject any Bid as set forth in ORS 279B.100, when the rejection is in the best interest of the College.

17.2. The College shall reject a Bid upon the College’s finding that the Bid:

17.2.1. Is contingent upon the College's acceptance of terms and conditions (including Specifications) that differ from the Solicitation.

17.2.2. Takes exception to terms and conditions (including Specifications) set forth in the Solicitation.

17.2.3. Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation or in contravention of applicable law.

17.2.4. Offers goods or services that fail to meet the Specifications of the Solicitation.

17.2.5. Is late.

17.2.6. Is not in substantial compliance with the Solicitation or with all prescribed public procurement procedures.

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17.2.7. Is not in compliance with ORS 279B.120 or ORS 279A.105, if required.

17.2.8. Has been debarred as set forth in ORS 279B.130 or has been disqualified under OAR 137- 046-0210(3);

17.2.9. Has failed to provide the certification of non-discrimination required under ORS 279A.110(4); or

17.2.10. When the Bidder is not Responsible pursuant to ORS 279B.110.

18. REJECTION OF ALL OFFERS - Pursuant to OAR 137-047-0650

18.1. Rejection. The College may reject all Bids as set forth in ORS 279B.100. The College will notify all Bidders of the rejection, along with the reasons for rejection.

18.2. Criteria. Bids may be rejected based upon the following criteria:

18.2.1. The content of or an error in the Solicitation or the procurement process unnecessarily restricted competition for the Contract;

18.2.2. The price, quality or performance presented by the Bidders are too costly or of insufficient quality to justify acceptance of any Bid;

18.2.3. Misconduct, error, or ambiguous or misleading provisions in the Solicitation threaten the fairness and integrity of the competitive process;

18.2.4. Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, those that tend to limit competition, such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the Solicitation Document;

18.2.5. The College cancels the Solicitation in accordance with OAR 137-047-0660; or

18.2.6. Any other circumstance indicating that awarding the Contract would not be in the public interest.

19. SOLICITATION CANCELLATION - Pursuant to OAR 137-047-0660

19.1. The College may cancel, delay or suspend a solicitation, or reject all Bids, in accordance with ORS 279B.100 when it is in the best interest of the College as determined by the College.

20. BID COSTS

20.1. Bidders responding to solicitations are responsible for all costs they may incur in connection with submitting Bids. In the event of a cancellation, delay, or suspension of the Solicitation, or rejection of the Bids, the College is not liable to any Bidder for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection.

21. SOLICITATION PROTEST - Pursuant to OAR 137-047-0730

21.1. Purpose. A prospective Bidder may protest the procurement process or the Solicitation for a Contract solicited under ORS 279B.060 and ORS 279B.085 as set forth in ORS 279B.405. A prospective Bidder must file a written protest with the College and exhaust all administrative remedies before seeking judicial review.

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21.2. Delivery. A prospective Bidder must deliver a written protest to the College no later than the Deadline for Questions provided in the Solicitation Schedule in SECTION I – INTRODUCTION of this Solicitation.

21.3. Content of Protest. A prospective Bidder’s written protest must include the following:

21.3.1. The Solicitation Number and Title

21.3.2. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

21.3.3. Evidence or supporting documentation that supports the grounds on which the protest is based; and

21.3.4. The relief sought.

21.3.5. A statement of the desired changes to the procurement process or the Solicitation that the prospective Bidder believes will remedy the conditions upon which the prospective Bidder based its protest.

21.4. Written protests must be clearly marked with the Solicitation number and submitted in writing to the College Purchasing Manager by email to contracts@pcc.edu with PROTEST indicated in the Subject Line of the email.

21.5. College Response. The College will not consider a prospective Bidder’s solicitation protest submitted after the Deadline-for Questions provided in the Solicitation Schedule in SECTION I – INTRODUCTION of this Solicitation. The College will consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405(4). The College will issue a written disposition of the protest in accordance with the timeline set forth in 279B.405(6). If the College upholds the protest, in whole or in part, the College may in its sole discretion either issue an Addendum reflecting its disposition under OAR 137- 047-0430 or cancel the solicitation under 137-047-0660.

21.6. Extension of Closing. If the College receives a protest from a prospective Bidder in accordance with this rule, the College may extend Closing if the College determines an extension is necessary to consider and respond to the protest.

21.7. Protesters must exhaust all administrative remedies before seeking judicial review.

22. CONTRACT AWARD PROTEST - Pursuant to OAR 137-047-0740

22.1. Purpose. A Bidder may protest the Award of a Contract, or the Intent to Award a Contract, whichever occurs first, if the conditions set forth below and in ORS 279B.410(1) are met:

22.1.1. The Bidder is adversely affected because the Bidder would be eligible to be awarded the public contract in the event that the protest was successful; and

22.1.2. The reason for the protest is that:

22.1.2.1. All higher-ranked Bids are non-Responsive;

22.1.2.2. The College has failed to conduct the evaluation of Bids in accordance with the criteria or processes described in the solicitation materials;

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22.1.2.3. The College has abused its discretion in rejecting the protestor's Bid as non- Responsive; or

22.1.2.4. The College's evaluation of Bids or the College's subsequent determination of Award is otherwise in violation of the rules or the Public Contracting Code.

22.1.3. A Bidder must file a written protest with the College and exhaust all administrative remedies before seeking judicial review of the College’s contract award decision.

22.2. Delivery. Unless otherwise specified in the Solicitation Document, a Bidder must deliver a Written protest to the College within seven (7) days after the Award of a Contract, or issuance of the notice of intent to Award the Contract, whichever occurs first.

22.3. Content of Protest. A Bidder's Written protest shall specify the grounds for the protest to be considered by the College pursuant to ORS 279B.410(2).

22.4. College Response. The College shall not consider a Bidder's Contract Award protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation. The College shall issue a written disposition of the protest in a timely manner. If the College upholds the protest, in whole or in part, the College may in its sole discretion either Award the Contract to the successful protestor or cancel the Procurement or solicitation.

22.5. Judicial Review. Judicial review of the College's decision relating to a Contract Award protest shall be in accordance with ORS 279B.415.

23. ADDITIONAL REQUIREMENTS

23.1. The College reserves the right to seek clarifications of submitted Bids.

23.2. Failure of the College to insist on strict performance will not constitute a waiver of any of the provisions of this Solicitation or resulting Contract or waiver of any other default of the Bidder.

24. CONFIDENTIALITY OF BIDS

24.1. The College is subject to the Oregon Public Records Law (ORS 192.311 to 192.338), which requires the College to disclose all records generated or received in the transaction of College business, except as expressly exempted in ORS 192.345, 192.355, or other applicable law. The College may withhold from disclosure confidential information pursuant to ORS 192.345 or 192.355.

24.2. The College will not disclose records submitted by a Bidder that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

24.2.1. All pages containing the records exempt from disclosure must be marked “confidential” and segregated in the following manner:

24.2.1.1. It must be clearly marked in bold and on each page of the confidential document.

24.2.1.2. It must be kept separate from the other Bid documents in a separate electronic folder and separate envelope or package, if applicable.

24.2.1.3. Where this specification conflicts with other formatting and response instruction specifications, this specification will prevail. Where such conflict occurs, the Bidder is instructed to respond with the following: “Refer to confidential

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information enclosed.” This statement, “Refer to confidential information enclosed”, must be inserted in the place where the requested information was to have been placed.

24.3. Bidders who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire Bid must not be marked confidential.

Should a Bid be submitted in this manner, no portion of it will be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

24.4. Notwithstanding the above procedures, the College reserves the right to disclose information that the College determines, in its sole discretion, is not exempt from disclosure or that the College is directed to disclose by the College’s legal counsel or a court of competent jurisdiction. Prior to disclosing such information, the College will notify the Bidder. If the Bidder disagrees with the College decision, the College may, but is not required to, enter into an agreement not to disclose the information so long as the Bidder bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

25. MULTI-TIERED & MULTISTEP BIDS – Pursuant to OAR 137-047-0257

25.1. The College may procure Goods or Services by using multistep sealed bidding under ORS 279B.055(12).

25.2. Phased Process. Multistep sealed bidding is a phased Procurement process that seeks information or unpriced submittals in the first phase combined with regular competitive sealed bidding, inviting Bidders who submitted technically eligible submittals in the first phase to submit competitive sealed price Bids in the second phase. The Contract must be Awarded to the lowest Responsible Bidder.

25.3. Public Notice. When the College uses multistep sealed bidding, the College shall give public notice for the first phase in accordance with OAR 137-047-0300. Public notice is not required for the second phase. However, the College shall give notice of the second phase to all Bidders, inform Bidders of the right to protest Addenda issued after the initial Closing under OAR 137-047-0430, and inform Bidders excluded from the second phase of the right, if any, to protest their exclusion under OAR 137-047- 0720.

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SECTION V - RESERVED

Solicitation No. PCS22-005ITB

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SECTION VI – ATTACHMENTS

BID SUBMISSION CHECKLIST

The following Attachments must be signed and returned as part of the Bid:

ATTACHMENT A – BIDDER CERTIFICATION

ATTACHMENT B – CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR

ATTACHMENT C – AFFADAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS

ATTACHMENT D – NON-CONFLICT OF INTEREST CERTIFICATION

ATTACHMENT E – BIDDER RESPONSIBILITY FORM

ATTACHMENT F – BIDDER REFERENCE FORM

ATTACHMENT G – PRICE SCHEDULE

The following attachment(s) are NOT to be returned with the Bid. The content of these attachment(s) must be reviewed by the Bidder. The terms and conditions are incorporated in this Solicitation and will apply to the Contract to be executed for the work.

ATTACHMENT H – SAMPLE PURCHASE ORDER

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BID SUBMISSION CHECKLIST

ALL CERTIFICATIONS, FORMS, AFFIDAVITS AND DETAILED BID CONTENT REQUIREMENTS

AS SPECIFIED IN SECTION III – RESPONSE AND EVALUATION MUST BE INCLUDED IN BIDS.

☐ REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS

The following certifications and forms must be completed and signed by the person authorized to represent the Bidder regarding all matters related to the Bid and authorized to bind the Bidder to the agreement. Failure to submit any of the required, completed and signed certifications/forms shall result in disqualification of the proposing firm.

☐ BIDDER CERTIFICATION. (Attachment A) This serves as the cover sheet for your Bid.

☐ CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR. (Attachment B)

☐ AFFADAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS. (Attachment C)

☐ NON-CONFLICT OF INTEREST CERTIFICATION. (Attachment D)

☐ BIDDER RESPONSIBILITY FORM – All Pages. (Attachment E)

☐ BIDDER REFERENCE FORMS – Include the # specified on the form. (Attachment F)

☐ PRICE SCHEDULE. (Attachment G)

This checklist is provided for the Bidder’s convenience in assembling your Bid and is NOT required to be returned with the Bid.

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ATTACHMENT A - BIDDER CERTIFICATION

Respectfully submitted this __________day of ________________________, 20_____.

Signature:

Name:

(Please type or print)

Title:

Email: Phone:

Firm/Company Name:

Physical Address:

City, State, Zip:

The Bidder certifies and agrees:

1. The prices in this Bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Bidder relating to: the intention to submit a Bid, or the methods or factors used to calculate the prices Proposed.

2. The Bidder has read and understands all terms and conditions of this Solicitation.

3. The Bidder agrees to provide insurance as required in the sample Contract Terms and Conditions (see Attachments).

4. The Bidder has, or has available, the equipment, personnel, materials, and facilities as well as the technical and financial ability necessary to complete and execute all Work in a sound and suitable manner for the use specified and intended.

5. The Bidder agrees to execute the formal Contract within ten (10) days from date of Notice of Intent to Award.

6. The Bidder acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Bidder listed and to fully bind the Bidder to all conditions and provisions thereof.

7. The Bidder certifies that Bidder has complied or will comply with all requirements of local, state, and national laws, and…