Procedural Instructions Bids 04_08_24.pdf

PROCEDURAL INSTRUCTIONS

For Bid Submissions

DEFINITIONS

● Amendment – A written change, addition, deletion, or clarification of the solicitation or

Contract document may also be known as an Addenda/Addendum.

● Bid – Response to an Invitation to Bid (ITB) or Request for Intermediate Bids (RIB).

● Bidder – Person or organization who submits a Bid in response to an Invitation to Bid or

Request for Intermediate Bids.

● Bidding Pages – Document containing information relevant to the sourcing event.

● COBID-Certified – The distinction of being certified by the State of Oregon Certification

Office for Business Inclusion and Diversity (COBID) office https://www.oregon.gov/biz/programs/cobid/pages/default.aspx.

● Contractor – An entity with whom Multnomah County has an executed contract.

● County – Multnomah County

● Electronic/On-Line Offer – An Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the County via an electronic device or service.

● Formal Sourcing Event – For purchases that exceed the Formal Threshold or as requested by the Department, this is the highest or third level of Procurement activity.

Purchasing rules establish three levels of Procurement activity defined by increased funding limitations and required oversight. Other levels are Small and Intermediate.

● Intermediate – Middle, or second level of Procurement activity level for purchases greater than the Small Purchase Threshold and less than or equal to the Formal Threshold. Purchasing rules establish three levels of Procurement activity defined by increased funding limitations and required oversight. Other levels are Small Purchase and Formal. Formerly known as Informal.

● Invitation to Bid (ITB) – A formal request to prospective Suppliers that solicits price quotations or Bids. It contains or incorporates by reference, the specifications or scope of work and all contractual terms and conditions. Price is the predominant Award criteria.

● Multco MarketPlace (MMP) – A component of Multnomah County’s enterprise-wide integrated business management system and database for electronic supplier and solicitation management.

● Provisions – a stipulation within a solicitation contract, legal document, or a law.

● Q&A Tool – Section of the Sourcing Event in MMP in which Suppliers may ask questions and the County may post responses to questions.

● Request for Intermediate Bids (RIB) – An Intermediate request to prospective

Suppliers that solicits price quotations or Bids. It contains or incorporates by reference, the specifications or scope of work and all contractual terms and conditions. Price is the predominant Award criteria.

● Response – Supplier’s submitted Bid or Proposal.

● Sourcing Event – Any process in which Multnomah County solicits Bids or Bids from suppliers.

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https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

● Suppliers – Person or organization that provides something needed such as a product or service

INSTRUCTIONS

1. PRE-BID CONFERENCE AND OTHER INFORMATIONAL MEETINGS

Pre-Bid Conference and Other Informational Meetings - These meetings, either mandatory or optional, are designed to clarify the information that is contained in the Sourcing Event and provide an opportunity for questions and answers. Any questions asked in the Pre-Bid or other meetings must be also submitted through the Sourcing Event Questions and Answers (Q&A Tool) so that the answer is available to all and is binding on the County. An Informational Meeting (this meeting may have varying names), either mandatory or optional, may also be scheduled for certain sourcing events.

If a Pre-Bid Conference and/or Meeting is scheduled, information regarding the location, time and date, in-person and/or virtual, and whether the conference and/or meeting are optional or mandatory will be provided in the Sourcing Event.

Optional Pre-Bid Conferences and Optional Informational Meetings - Attendance at the Pre-Bid conference and/or Informational Meeting is not mandatory but is strongly recommended.

Mandatory Pre-Bid Conferences and Mandatory Informational Meetings - Proof of mandatory attendance at the Pre-Bid conference and Informational Meeting shall be determined for an in-person meeting by the presence of a completed sign-in by the Bidder’s representative on a meeting attendance sheet, or for a virtual meeting, entry of the name and any contact information requested of the representative by Purchasing of the Bidder’srepresentative. Failure to attend the mandatory Pre-Bid conference and mandatory Informational meeting and to sign-in, or provide information for the Purchasing attendance roster shall result in rejection of the Bid.

2. PROTESTS

A. PROTEST TO THE SPECIFICATIONS AND INTERPRETATIONS OF BID DOCUMENTS::

Any Bidder requiring clarification of the provisions of a Sourcing Event must submit specific questions electronically through the Sourcing Event Questions and Answers (Q & A) Tool. Any protest must address the requirement, provision or feature of the Sourcing Event or its attachments, including but not limited to the contract, that the potential Bidder believes is ambiguous, unclear, unfair, contrary to law or likely to limit competition. The purpose is to allow the County time to correct any term or condition in the Sourcing Event and/or contract that may be unlawful, improvident, unduly restrictive of competition, or otherwise inappropriate. By allowing corrections before opening Bids, the County intends to avoid or minimize much of the waste inherent in protests and in the possible rejection of all Bids. Failure of a Bidder to protest in accordance with this section shall be deemed acceptance of the terms of the Sourcing Event

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and contract, and serve as a waiver of Bidder’s rights to later contend that either the Sourcing Event or contract is ambiguous, unclear, unfair, contrary to law or likely to limit competition.

The deadline for submitting questions or protests is listed in the Sourcing Event. If Multnomah County determines that additional information or clarification is necessary, such information or clarification will be supplied through the Sourcing Event Q & A Tool. If there are any changes made to the Sourcing Event, the Sourcing Event will be amended to include the changes.

Notification will be sent by email to all interested suppliers. Amendment shall have the same binding effect as though contained in the main body of the Sourcing Event. Oral instructions or oral information concerning the specifications from County managers, employees or agents to prospective Bidders shall not bind Multnomah County. After the closing date, any claims or misunderstanding in regard to the nature, quality or description of the service(s) or item(s) to be supplied by the Sourcing Event will be considered waived.

The County Purchasing contact shall issue any amendment for Formal Sourcing Events no later than five (5) calendar days prior to the closing date. Only formal written addenda shall be binding on Multnomah County.

After the Sourcing Event has closed, Multnomah County reserves the right to issue Amendments to all Bidders who submitted Bids, or to those Bidders determined to be in the Competitive Range, if applicable, in order to communicate program requirements and arrangements and other information as determined necessary by the County.

B. PROTEST OF INTENT TO AWARD (This applies to Formal Sourcing Events only).

Also known as “Protest”: The following procedure applies to Bidders who wish to protest a disqualification of Bid or award of contract:

1. All Protests must be in writing and sent either by email, letter and received by the Purchasing Manager no later than 4:00 P.M. on the seventh (7th) day after the emailed notice of intent to award or disqualification. Protests are to be submitted:

a. Electronically: purchasingmanager@multco.us;

b. Or via mail:

ATTN: Purchasing Manager Multnomah County Purchasing 501 SE Hawthorne Blvd Suite 320 Portland OR 97214

Include the following with your Protest:

PROTEST OF AWARD OR DISQUALIFICATION TO EVENT NO. [Insert Event #]

2. Bidders may protest only deviations from laws, rules, regulations, or procedures.

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Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the Protest is based. The judgment used in scoring by individual evaluators is not grounds for Protest. Disagreement with the judgment of evaluators may not be Protested.

Protests not filed within the time specified above, or which fail to cite the specific law, rule, regulation, or procedure upon which the Protest is based shall be dismissed.

3. AMENDMENTS/ADDENDA

Addenda shall be issued no later than five (5) days prior to Bid opening to all parties known to have received Bid documents including Sourcing Events with bidding documents. Only formal written addenda shall be binding on Multnomah County.

4. NO BID

If Bid documents allow for partial Bids to be accepted and Bidder does not wish to Bid a certain item(s), leave that section blank. If you believe that the Bid documents require clarification or if you object to the form of the Bid documents please follow the instructions provided above concerning clarification and protest.

5. CONFORMANCE TO BID REQUIREMENTS

ALL BIDS MUST BE submitted by an individual of the company who is authorized to legally obligate the company and agrees to submitting to electronic signature. No oral, telegraphic, telephone or facsimile Bids will be accepted. Bid prices are to exclude Federal Excise Tax.

Federal exemption certificates will be furnished to successful Bidders upon written request. BID

PRICE(S) MUST BE F.O.B. DESTINATION.

6. TERMS OF PAYMENT

Bidder shall indicate terms of payment where indicated in the Sourcing Event. The County shall only apply discounts that allow a minimum of 20 days to provide payment.

7. BID WITHDRAWAL

Any Bid may be withdrawn at any time prior to the time fixed for receipt of Bids, by selecting the withdraw option in the Sourcing Event. The Bidder or a duly authorized representative must execute the request. Withdrawal of a Bid will not prejudice the right of the Bidder to file a new Bid. All Bids shall be irrevocable for thirty (30) calendar days from the day of opening.

8. DOCUMENTS ARE PUBLIC RECORDS

All documents, reports, Bids, submittals, working papers or other material submitted to the County, from the Bidder, shall become the sole and exclusive property of the County, in the public domain, and not the property of the Bidder. The Bidder shall not copyright, or cause to be copyrighted, any portion of any said documents submitted to the County as a result of the Sourcing Event.

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9. TABULATION OF BIDS (This applies to Formal Sourcing Events Only) Tabulation of bids will be posted to the online sourcing event. Our general business practice is to have this posted within 30 minutes of bid closing.

REJECTION OR ACCEPTANCE OF BIDS

10. REJECTION/ACCEPTANCE

The County reserves the right to waive technical defects, discrepancies and minor irregularities, or not to award a contract when it finds such action to be in the public interest. Bids may be rejected if they show any alteration of form, additions not called for, conditional Bids, incomplete Bids, erasures, or irregularities of any kind.

11. PUBLIC INTEREST

The County reserves the right to reject any Bid not in compliance with the Bid documents, or all prescribed public Bidding procedures and requirements, and the right to reject any or all Bids when it is in the public interest to do so per ORS 279B.100(1). Written notice of rejection of all Bids shall be sent to all Bidders.

12. COLLUSION

Upon evidence that collusion exists among Bidders, none of the Bids of participants in such collusion will be considered. All involved Bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected.

13. DELIVERY DATE

If a delivery date is specified and, in the opinion of the County, the Bidder's proposed delivery date is such that it will inconvenience or cause hardship to the County, the County may, at its discretion, reject the Bid.

AWARD AND CONTRACT

14. CONTRACT AWARD

Award will be made to the lowest Bidder who is determined to be responsive and responsible.

The award will be made on an all-or-none basis, by category or by individual item or however it is in the best interest of the County. The delivery or furnishing of any of the Bid items cannot commence until a contract is properly executed.

15. CANCELLATION OF AWARD

The County reserves the right to cancel the award of the contract at any time before execution of the contract(s) by both parties if cancellation is deemed to be in the County’s best interest. In no event shall the County have any liability for the cancellation of award. The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its Bid.

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16. CONTRACT EXTENSION

In the event more than thirty (30) calendar days lapse between the Bid opening date and the date the contract is submitted to the Bidder, the County may grant an extension of time to the Bidder for fulfillment of the contract to offset any delay in the contract actually occasioned by the delay.

17. GOVERNING LAW

All Bidders shall be required to comply with applicable provisions of ORS Chapter 279A-C, the Equal Opportunity Act of 1972 and the Civil Rights Act of 1962, as amended. Bidders must comply with all applicable provisions of Executive Order #11246 as amended by Executive Order #11375 of the President of the United States dated September 24, 1965, Title VI, of the Civil Rights Act of 1964 (43 U.S.C. 2000[d]) and Section 504 of the Rehabilitation Act of 1973 as implemented by 45 C.F.R. 84.4 and the Americans With Disabilities Act of 1990, Public Law #101-336 and all enacting regulations of the EEOC and Department of Justice.

18. PRE-AWARD RISK ASSESSMENT

Successful Bidders whose contract award includes federal funding (as identified by an Assistance Listing Number (ALN)) will be subject to a Pre-Award Risk Assessment (which includes an evaluation of financial stability, quality of financial /management systems, experience with federal funds, reports and findings from audits) completed by Multnomah County (if one has not been submitted in the last year) prior to the issuance of a contract.

Contractors who fail to submit the required documents will not be eligible for a contract from the County.

19. CERTIFICATION REGARDING CONFLICT OF INTEREST

Biddersare required to certify in the Sourcing Event whether the Bidderis or is not aware of any potential organizational conflict of interest (COI). If the Bidderis aware of a conflict of interest, then the Bidder is required to provide a disclosure statement in its Bid describing all relevant information concerning any past, present, or planned interests on whether it (including its chief executives and any directors, or any proposed consultant or subcontractors) may have a potential organizational conflict of interest. Bidders responding to Sourcing Events are required to disclose any such business or financial relationships. The disclosure statement must identify and address any actual or potential organizational COI within the Bidder’s entire organization, including parent company, sister companies, affiliates, and subsidiaries. In addition to identifying potential organizational COI, the disclosure statement shall describe how any such conflict can be avoided, neutralized, or mitigated. The County Attorney will determine a Bidder’s eligibility for award based on the information provided in the disclosure statement.

GENERAL PROVISIONS

20. TERM

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The contract term shall not exceed five years. County may at its discretion re-bid the work before the end of the contract period.

21. STANDARDS

The items purchased by the County shall conform to the Specifications attached hereto as a part of the Sourcing Event. The Bidder must include any required descriptive literature and warranty of the item(s) being Bid.

The apparent silence of the general provisions and Specifications as to any detail or the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only best commercial practice is to prevail and that only material and workmanship of first quality are to be used.

It is understood that if any manufacturers' names, trade names, make, model or catalog numbers are used in the Specifications, they are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive, unless clearly identified as such. Bids for equivalent items will be considered provided that such items are identified as to manufacturers' name, trade name, make, model, and catalog number.

Samples must be presented for inspection if requested by the County. Samples of items must be furnished free of expense to the County. If not destroyed or mutilated in testing, samples will, upon request, be returned at Bidder's expense.

Items shall be new, current models of standard production, unless otherwise called for in the Specifications or noted in the Bid as a deviation or alternative Bid, and shall be completely prepared for customer delivery and use through service by a factory franchised agent or dealer prior to delivery.

Item delivery shall include all pre-delivery inspection sheets, coupons, certificates, and warranty identification cards furnished to the trade in general and all shall be properly completed and signed in accordance with industry standards.

All items offered of an electrical nature shall indicate the current UL listing, if any. In addition, any goods such as fire protection equipment, etc., for which there is a UL testing procedure shall also include the UL listing, if any. Any other certification such as Factory Mutual, etc., shall be noted in the offer.

22. SUSTAINABLE, RESPONSIBLE, AND EQUITABLE BUSINESS PRACTICES

Multnomah County staff is firmly rooted in the work of protecting the most vulnerable in our community. This mission shapes the way we approach sustainability. Our approach is based on achieving positive environmental, equitable, and economic impacts in our business operations and service delivery. In 2010, Multnomah County initiated a new Sustainable, Responsible, and Equitable Business Procurement Practices Administrative Procedure that demonstrates support

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for our sustainability goals. By integrating the three impact areas of environment, social equity, and economy, the County seeks more positive outcomes through our supply chain. The County wants to partner with suppliers who demonstrate a commitment to addressing disparate impacts in our supply chain. The County recognizes that suppliers can take multiple paths supporting sustainability, ranging from simple to complex. The information below is meant to guide Proposers/Bidders as they describe their sustainable practices within their solicitation responses.

Multnomah County has adopted the Triple Bottom Line because it brings in considerations that have positive impacts and assists in achieving more sustainable outcomes.

The Triple Bottom Line consists of three areas of consideration that will, with proper planning, work together for maximum positive benefits.

I. Environmental: The purchasing of products or services that “have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product or service that mitigates or reduces Greenhouse Gas (GHG) emissions.

● Healthy Purchasing/Less Toxic processes/ingredients in products

● Water Conservation

● Energy Conservation

● Waste Reduction Strategies

● Food Justice

II. Social Equity: The pursuit to create full and equal access to opportunities for all people that enable them to attain their full potential. Social Equity factors ensure that everyone in the supply chain is treated fairly, disparities are not created, but alleviated, and provide the resources for success.

● Culturally Responsive and Specific Services

● Contracting with State of Oregon COBID Certified suppliers

● Fair Trade

● Living Wage

III. Economy: The system through which a society answers the question: How wealth is created, distributed and retained?

The County’s procurement of goods and services should have an empowering impact on communities who face the most inequities. Outcomes will demonstrate how individuals are able to contribute and fully participate in our communities.

● Community Engagement

● Support for underserved populations

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https://youtu.be/rv3g0e-HT7w

● Benefits that go beyond fair trade

Twenty-five percent of the product specifications are dedicated to responsible business practices.

Biddersare encouraged to go to the Multnomah County Purchasing website for additional information about the requirements, goals and values of public purchasing and Multnomah County. https://www.multco.us/purchasing/how-do-business-county.

23. INTERGOVERNMENTAL COOPERATIVE PURCHASING (Optional) Pursuant to ORS 279A.215, Multnomah County PCRB Rules, and agreement by the selected Contractor to extend the terms, conditions and prices of the original contract, this offer shall be extended to any authorized public agency. Said agency/agencies shall have the power and authority to purchase specified goods/services directly from the Contractor under the terms and conditions of the Multnomah County contract. Each Contracting agency will execute a separate contract with the successful Bidder for its own requirements. Quantities listed in this document reflect County’s estimated usage only.

Any Bidder, by written notification of the time of the Bid opening, may decline to extend prices and terms of this Bid to any, and/or all other public agencies. Contractor shall provide information regarding total usage of Contract upon the request of the County.

24. LOCAL PURCHASING PREFERENCE

The County desires to employ local businesses in the purchase or lease of any personal property, public improvements or services to support the local economy in the State of Oregon so that residents benefit from local employment opportunities that are generated. Therefore, the County shall prefer goods or services that have been manufactured or produced by an Oregon business if price, fitness, availability, and quality are otherwise identical.

CONTRACT REQUIREMENTS

25. EEO CERTIFICATION REQUIREMENT

Multnomah County PCRB Rule 60-0040 requires that all Contractors furnishing goods and services to the County in excess of $75,000 must be certified as an Equal Opportunity Employer. Contracts in excess of $75,000 which originate from the Sourcing Event are subject to the County’s Equal Employment Opportunity (EEO) requirements, and will include vendor certification as indicated in the attached Multnomah County Sample Contract.

26. CONTRACT FORM AND INSURANCE

In order to deliver services to the County, Bidder(s) shall be required to execute a contract with the County. Goods may be delivered either under contract or purchase order. No goods or

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https://www.multco.us/purchasing/how-do-business-county services shall be provided without a signed contract or purchase order. Contractor shall be required to provide the insurance coverage described in the attached Sample Contract.

27. CERTIFICATE OF INSURANCE

The successful Bidder shall be required to submit a standard insurance certificate with additional insured endorsement as evidence of compliance with the insurance requirements set forth in the attached Sample Contract. This shall be sent to the County with the contract before execution by the County.

28. CONTRACTOR GENERAL RESPONSIBILITIES

● Comply with all Federal, State and County laws, ordinances, and rules.

● Comply fully with specifications as attached for the agreed Bid and/or contract, especially where materials and work are involved.

● Meet any and all registration requirements where required for Contractors as set forth in the Oregon Revised Statutes.

29. CONTRACT CHANGES

The Contractor shall not make any changes in the specifications, method of fabrication or other requirements without the express prior written consent of the County. Any proposed changes shall be presented in writing to the assigned County point of contact not less than ten business days prior to the proposed effective date of said change.

Any claims made for adjustment hereunder shall be served within 30 calendar days of completion of delivery or service.

Nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

30. PERFORMANCE

Contractor shall perform all services required by the Sourcing Event within the time specified. All services shall be performed in the most highly professional manner, and in accordance with the highest industry standards. Unless the means or methods of performing a task are specified elsewhere in the Contract, Contractor shall employ methods that are generally accepted and used by the industry.

Any performance that is found unacceptable will be documented and the Contractor will be given written notice to correct the problem within a specified period. If the problem continues beyond the specified period the Contractor may be found in breach of this Contract, and the Contract may be terminated.

31. CONTRACTOR'S RESPONSIBILITY

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It is understood that the specifications and other contract documents do not purport to control the manner of performing the work, but only the requirements as to the completed work or product standard(s). The Contractor assumes the entire responsibility for the manner of performing the work. Suggestions as to the manner included in the contract documents shall be deemed advisory only and the feasibility of such methods or the lack thereof, shall not affect the Contractor's liability, or status as an independent Contractor under this contract.

In the performance of work under this contract, trade-related Contractors are to include the cost of all small incidental materials and supplies in their invoiced hourly rate. These incidental supplies and materials include such items as fasteners, adhesives, hardware and other small expense items which are difficult to track or bill through any other process.

32. NON-PERFORMANCE

In the event of non-performance under the resulting contract or purchase order the County will have the right to obtain from other sources such equipment, supplies, and/or services as may be required to fulfill the contract. It is agreed that the difference in cost, if any, for said equipment, supplies and/or services shall be borne by the Contractor.

33. OSHA

During the performance of this contract, the Contractor is required to comply with the conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA) and the standards and regulations issued thereunder. The Contractor shall further agree to hold the County, its employees, agents, commissioners, and assigns harmless and free from liability for failure to comply with said standards and regulations by the Contractor. It shall be the sole responsibility of the Contractor to remain familiar with applicable standards and regulations and maintain their enforcement.

34. ELECTRONIC SUBMISSION

All sourcing events will be managed electronically. All Bids, Proposals and other sourcing event activities will reside in Multco MarketPlace (MMP). We will no longer accept paper submissions, unless otherwise stated in the sourcing event.

The County is not responsible for any failure attributable to the transmission or receipt of the Electronic Offer including, but not limited to the following:

(A) Receipt of garbled or incomplete documents;

(B) Delay in transmission or receipt of documents;

(C) Failure of the Offeror to properly identify the Offer documents;

(D) Illegibility of Offer documents; and

(E) Security and confidentiality of data.

Electronic/On-Line Solicitation Document.

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1. An ‘Electronic Offer’ or ‘On-Line Offer’, as used in the Sourcing Event, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the County via an electronic device or service.;

2. Offerors may submit Electronic/On-line Offers in response to this Solicitation Document. The entire response shall arrive at the place and by the time specified in this Solicitation Document;

3. Offerors to Sign or acknowledge their Offers in the “Company Certification Information” section of the Sourcing Event;

4. The County reserves the right to Award the Contract solely on the basis of the Electronic/On-line Offer. However, upon Multnomah County’s request, the apparent successful Offeror shall promptly submit its complete original Signed Offer;

5. Offerors will register their supplier profile and submit their Offer via MMP.

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