Procedural Instructions For Bid Submission 03-2023.pdf

MULTNOMAH COUNTY

PROCEDURAL INSTRUCTIONS

For Bid Submission

DEFINITIONS

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

● Competitive Range – That group of Proposals, as determined during the evaluation process for competitive negotiation, which includes only those Offerors considered to have a reasonable chance of being selected for award and who are therefore chosen for additional discussions and negotiations in accordance with Rule 47-0261 or Rule 49-0650. The Competitive Range shall be stated in the Solicitation Document (Sourcing Event), but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by the Department in accordance with Rule 47-0261 or Rule 49-0650. Proposals not in the competitive Range are given no further consideration.

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

● County – Multnomah County.

● Electronic/On-Line Offer – A response to a solicitation that, if accepted, would bind the

Offeror to honor what was submitted sent/received via email or eProcurement system.

● 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.

● Intermediate Sourcing Event – A sourcing method authorized by PCRB Rule 47-0270.

● 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) – The Source to Settle component of Multnomah County’s enterprise-wide integrated business management system and database. It consists of

3/7/23 LDW Procedural Instructions for Bid Submission Page 1 of 16 https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx four modules that support Supplier registration, sourcing, contracting and e-Procurement.

● Offer – A written Bid, Proposal or Quote Offering to provide Goods or Services in response to a Solicitation.

● Offeror – A Person submitting a Bid, Proposal or Quote as applicable; a Bidder or a Proposer.

● Proposal – A competitive Offer, binding on the Proposer and submitted in response to a Sourcing Event.

● Proposer – A Person or entity who submits a Proposal in response to a Sourcing Event.

Also known as Supplier.

● 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 Multnomah 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.

● Resident Bidder– A Bidder described in ORS 279A.120(1)(b).

● Response – A Supplier’s submitted Bid or Proposal.

● Scope of Work – A description and/or specifications (provisions) of the goods or services to be purchased using the Sourcing Event.

● Sourcing Event – Multco Marketplace term to describe a Solicitation. Consists of

Formal and Intermediate Proposals or Bids, Notice of Intents (NOI) and Requests for Information (RFI).

● Supplier – Multco Marketplace system name for a registered Person or entity who may or has Bid, Offered, Proposed, been Awarded, or contracted with Multnomah County. A Person or business that provides Goods or services.

INSTRUCTIONS

1. BID DOCUMENTS

Complete sets of bid documents may be obtained through the Sourcing Event Buyer Attachment page.

Multnomah County makes copies of bid documents available on the above terms solely for obtaining bids on work. The Bid documents may not be used for any other purpose.

2. 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 also be submitted through the Sourcing Event Questions & Answers (Q&A Tool) so that the answer is available to all, and is binding on Multnomah County. An Informational

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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 Informational Meeting is scheduled, information regarding the location, time and date, in-person and/or virtual, and whether the conference and/or meeting is 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. For a virtual meeting, entry of the name and any contact information requested of the representative by the Purchasing Representative of the Bidder’s representative will establish compliance. 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.

3. EXAMINATION OF BID DOCUMENTS

Before submitting a Bid, each Bidder shall: (a) examine the Bid documents thoroughly; (b) become familiar with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; (c) study and carefully coordinate Bidder's observations with the Bid documents; and (d) at Bidder’s expense, make such additional investigations and tests as Bidder may deem necessary.

Submission of a Bid constitutes a representation by Bidder that they have complied with the requirements of these Instructions to Bidders and that the Bid documents are sufficient in scope and detail to convey a clear understanding of all terms and conditions for performance of the work.

4. ADDENDA/AMENDMENTS

Addenda/Amendments 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/amendments shall be binding on Multnomah County.

5. SUBSTITUTION PROCEDURES AND REQUESTS

Product Options: For products specified only by a referenced standard, Contractor may select any product meeting that standard. For products specified by naming one or more products or manufacturers, followed by the phrases “or approved,” “or approved substitute” or, “or approved substitution,” the Contractor must submit a substitution request for any product or manufacturer not specifically named. For products where only one product and manufacturer is specified followed by the words “no substitutions,” no substitutions will be permitted.

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Procedures: Substitution requests must be submitted through the Sourcing Event Q&A Tool not less than ten (10) days before the closing date. A separate request must be made for each proposed substitution of a product, material, equipment or method of construction proposed by the Contractor. A prime Bidder may only make substitution requests. A plan holder list is available from the ARC-Oregon/Planwell website.

Format: Substitution requests will be considered only if they are prepared on the attached Substitution Request form. Each substitution request must be supported with complete data, drawings and samples to establish that the request complies with product requirements. The Owner will consider a substitution request for the following reasons:

A. The substitution will result in reduction in the Contract Sum or Contract Time.

B. A specified product is not available from any source.

C. A specified product would cause significant delay in Contract Time.

Acceptance: If a substitution is accepted by County, Purchasing will include the substitution in an addendum issued to all plan holders of record.

6. 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 & 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 Multnomah 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, Multnomah 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 in acceptance of the terms of the Sourcing Event 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. All such amendments 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 Sourcing Event

3/7/23 LDW Procedural Instructions for Bid Submission Page 4 of 16 https://order.e-arc.com/arcEOC/PW%20ELL_Main.asp?mem=45 closing date, any claims or misunderstanding concerning the nature, quality or description of the service(s) or item(s) to be supplied by the Sourcing Event will be considered waived.

Multnomah County Purchasing representative shall issue any addenda/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, arrangements, and other information as determined necessary by Multnomah 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 physically received by the Purchasing Manager no later than 4:00 P.M. on the seventh (7th) day after issuance of the postmarked notice of intent to award or disqualification. Protests are to be submitted:

a. Electronically: brian.r.smith@multco.us;

b. Or via mail:

ATTN: Purchasing Manager Multnomah County Purchasing 501 SE Hawthorne Blvd Suite 125 Portland OR 97214

Include the following with your Protest:

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

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

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 or which fail to cite the specific law, rule, regulation, or procedure upon which the Protest is based shall be dismissed.

7. CONFORMANCE TO BID REQUIREMENTS

ALL BIDS MUST BE submitted by an individual of the company who is authorized to obligate legally the company and agrees to submit to electronic signature. No oral, telegraphic, 3/7/23 LDW Procedural Instructions for Bid Submission Page 5 of 16 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.

SUSTAINABLE PURCHASING

8. 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 for our sustainability goals. By integrating the three impact areas of environment, social equity, and economy, Multnomah County seeks more positive outcomes through our supply chain.

Multnomah County wants to partner with suppliers who demonstrate a commitment to addressing disparate impacts in our supply chain. Multnomah 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

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● Fair Trade

● Living Wage

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

Multnomah 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

● Benefits that go beyond fair trade

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

Bidders are 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.

9. PREFERENCE FOR GOODS AND SERVICES MANUFACTURED OR PRODUCED IN

OREGON

ORS 279A.120 requires that, in all public contracts, the public contracting agency shall prefer goods or services that have been manufactured or produced in this State if price, fitness, availability and quality are otherwise equal. In determining the lowest responsive Bidder, Multnomah County shall add a percent increase on the Bid of a non-Resident Bidder equal to the percent, if any, of the preference given to that Bidder in the state in which the Bidder resides.

10. REPORTING REQUIREMENTS FOR NON-RESIDENT CONTRACTORS

Where a public contract is awarded to a non-Resident Contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the total contract price, terms of payment, length of contract and such other information as may be required before final payment on the contract can be made. For purposes of this subsection, a non-Resident Contractor is one who is not domiciled in or registered to do business in the State of Oregon.

11. TERMS OF PAYMENT

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

12. DOCUMENTS ARE PUBLIC RECORDS

All documents, reports, Bids, submittals, working papers or other material submitted to Multnomah County, from the Bidder, shall become the sole and exclusive property of Multnomah County, in the public domain, and not the property of the Bidder. The Bidder shall not copyright, 3/7/23 LDW Procedural Instructions for Bid Submission Page 7 of 16 or cause to be copyrighted, any portion of any said documents submitted to Multnomah County because of the Sourcing Event.

13. REALISTIC BIDS

It is the expectation of Multnomah County that Bidders can fully satisfy the obligations of the Bid in the manner and time frame defined within the Sourcing Event. Bids must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

Multnomah County shall bear no responsibility or increased obligation for a Bidder’s failure to estimate accurately the costs or resources required to meet the obligations defined in the Sourcing Event.

14. COST OF PREPARATION OF RESPONSE

Responses to the Sourcing Event do not commit Multnomah County to pay any costs incurred by any Bidder in the submission of a Bid, or Response, in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the services to be furnished under the Sourcing Event. The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its Bid, or Response.

15. 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 Multnomah County.

16. SUBMISSION OF BIDS

Bids shall be submitted per the instructions in the Sourcing Event.

17. ELECTRONIC SUBMISSIONS

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

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

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1. Receipt of garbled or incomplete documents;

2. Delay in transmission or receipt of documents;

3. Failure of the Offeror to properly identify the Offer documents;

4. Illegibility of Offer documents; and

5. Security and confidentiality of data.

Electronic/On-Line Solicitation Document.

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 Multnomah 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 Sign or acknowledge their Offers in the “Company Certification Information” section of the Sourcing Event;

4. Multnomah County reserves the right to Award the Contract solely based on 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.

18. CERTIFICATION REGARDING CONFLICT OF INTEREST

Bidders are required to certify in the Sourcing Event whether the Bidder is or is not aware of any potential organizational conflict of interest (COI). If the Bidder is 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 Multnomah County Attorney will determine a Bidder’s eligibility for award based on the information provided in the disclosure statement.

19. MODIFICATION AND WITHDRAWAL OF BIDS

Prior to Bid Closing: Bids may be modified or 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 withdrawal 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.

After Bid Opening: If, within twenty-four hours after Bids are opened, any Bidder files a signed written notice with the Multnomah County Purchasing Manager and promptly thereafter demonstrates to the reasonable satisfaction of the Purchasing Manager that there was a

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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.

20. NO BID

If Sourcing Event allows for partial Bids to be accepted and Bidder does not wish to Bid on a certain item(s), leave that section blank. If the Sourcing Event requires clarification or if there is an objection to the form of the Sourcing Event please follow the instructions provided above concerning clarification and protest.

REJECTION OR ACCEPTANCE OF BIDS

21. REJECTION OF BIDS

Multnomah County reserves all rights regarding the Sourcing Event, including but not limited to the right to:

1. Cancel the Sourcing Event at any time and not award a contract;

2. Award a contract in part;

3. Reject any and all Bids in whole or in part; and

4. Waive technical defects, discrepancies, minor irregularities and omissions if, in its judgment, the best interests of Multnomah County will be served.

22. PUBLIC INTEREST

Multnomah 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.

23. COLLUSION

A Bidder hereby certifies that no officer, agent, or employee of Multnomah County has a financial interest in the Bid; that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder and that the Bidder is competing solely on its own behalf without connection or obligation to any undisclosed person or firm.

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.

24. DELIVERY DATE

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

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25. PRELIMINARY TABULATION OF BIDS

Preliminary tabulation of Bids will be posted to the online Sourcing Event. This only applies to Formal Sourcing Events. General business practice is to have this posted within thirty (30) minutes of Bid closing. Finalized tabulation summary of Bids will be posted to the online Sourcing Event upon verification of Bid responsiveness.

26. PUBLICITY

Any publicity giving reference to the project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior written approval of Multnomah County Purchasing and Communications Office.

27. CANCELLATION

Multnomah County reserves the right to cancel the Sourcing Event any time before execution of a resulting contract by both parties if cancellation is deemed to be in Multnomah County's best interest. In no event shall Multnomah County have any liability for the cancellation of the Sourcing Event.

28. DISPUTES

In case of any doubt or differences of opinions regarding the Good(s) or service(s) to be procured hereunder, or the interpretation of the provisions of the Sourcing Event, the decision of Multnomah County shall be final and binding upon all parties.

29. EEO CERTIFICATION REQUIREMENT

Multnomah County Public Contracting Review Board (PCRB) Rule 60-0040 requires that all Contractors furnishing Goods and services to Multnomah County in excess of $75,000 must be certified as an Equal Opportunity Employer.

30. INVOICES

All invoices shall be prepared on Contractor's letterhead or standard invoice form and shall include:

1. Contractor's name and address and a phone number for questions about the invoice;

2. Contractor's invoice number;

3. Invoice date;

4. Multnomah County contract number; and,

5. Any additional information required in Exhibit 1 of the finalized contract.

31. PAYMENT

It is Multnomah County’s policy to make recurrent contract payments to Contractors via electronic payment. The Contractor(s) selected under the Sourcing Event will accept electronic payment from Multnomah County and comply with Multnomah County’s procedure for electronic payment. The Contractor(s) selected will also have the option to receive payments by credit card via ePayables.

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Multnomah County shall pay the invoice within thirty (30) calendar days unless otherwise provided in Exhibit 1 of the finalized contract.

AWARD AND CONTRACT

32. PRE-AWARD RISK ASSESSMENT

Successful Bidders whose contract award includes federal funding (as identified by a Catalog of Federal Domestic Assistance number) 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 Multnomah County.

33. 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, by individual item or however is in the best interest of Multnomah County. The delivery or furnishing of any of the Bid items cannot commence until a contract is properly executed.

34. CANCELLATION OF AWARD

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

35. TERM

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

36. CONTRACT TERMS

Multnomah County may require certain non-negotiable contract terms in accordance with local, state, or federal law.

37. CONTRACT EXTENSION

In the event more than thirty (30) calendar days lapse between the Sourcing Event closing date and the date the contract is submitted to the Bidder, Multnomah 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.

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38. GOVERNING LAW

This Sourcing Event is governed by, construed, and enforced in accordance with Multnomah County public contracting rules and Oregon and federal laws, including the Oregon Revised Statutes at Chapters 279A and 279C, and the applicable provisions of the Equal Opportunity Act of 1972, Civil Rights Acts of 1962 and 1964, as amended, Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules.

39. COMMENCEMENT OF WORK

No work may be commenced by Contractor until the signed contract, applicable bonds and all required proof of insurance has been submitted to Multnomah County and until Multnomah County shall, in writing, have notified the Contractor of the date when Contractor is authorized to proceed with the work.

40. STANDARDS

The items purchased by Multnomah 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 if such items are identified as to manufacturers' name, trade name, make, model, and catalog number.

Samples must be presented for inspection if requested by Multnomah County. Samples of items must be furnished free of expense to Multnomah 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.

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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.

41. CONTRACT FORM AND INSURANCE

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

42. 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 Multnomah County with the contract before execution by Multnomah County.

43. EEO CERTIFICATION REQUIREMENT

Multnomah County PCRB Rule 60-0040 requires that all Contractors furnishing goods and services to Multnomah 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 Multnomah County’s Equal Employment Opportunity (EEO) requirements, and will include vendor certification as indicated in the attached Multnomah County Sample Contract.

44. 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.

45. 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 Multnomah 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.

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

46. 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.

47. CONTRACTOR'S RESPONSIBILITY

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.

48. NON-PERFORMANCE

In the event of non-performance under the resulting contract or purchase order Multnomah 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.

49. 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 Multnomah 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.

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