Revision 2_ITB S-44000-00003475 - 2022 Compressed Lab Gases~1.pdf

ITB S-44000-00003475 2022 Compressed Lab Gases

DAS PS, V1.0 – February 20, 2019 Page 1 of 14

STATE OF OREGON

COVER PAGE

Department of Consumer and Business Services

COMPRESSED LABORATORY GASES

Invitation to Bid (ITB)

S-44000-00003475

Date of Issue: 06/15/2022

Closing: 07/06/2022, 3:00 PM (Pacific)

Single Point of Contact (SPC): Jen Ingraham, Procurement Specialist

Address: 350 Winter St NE City, State, Zip: Salem, OR 97301 Phone (voice): (971) 375-7761 E-mail: Jennifer.Ingraham@dcbs.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 OREGONBUYS

2.4 QUESTIONS AND CLARIFICATIONS

2.5 ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 REFERENCES

4.5 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

4.6 PREFERENCES

4.7 METHOD OF AWARD

SECTION 5: AWARD Conditions

5.1 PAY EQUITY

5.2 NONDISCRIMINATION IN EMPLOYMENT

5.3 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

7.7 CHECKLIST DISCLAIMER ..........................................................................................................Error! Bookmark not defined.

7.8 Attachments

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Consumer and Business Services, Occupational Safety and Health Division (Agency), is issuing this Invitation to Bid (ITB) to establish a Contract for the purchase and delivery of compressed laboratory gases for the Occupational Health Laboratory located in Portland, Oregon or an agency approved equal.

• Agency anticipates the award of one Contract resulting from this ITB. In the event multiple Contracts are awarded, Agency will use the following methodology to determine from which Contractor to purchase.

• Issue all purchases to the lowest responsible Bidder.

• Determine a list of the most commonly purchased items, price compare this list between all awarded Contractors. Issue all purchases to the Contractor with the lowest Offer.

• The initial term is anticipated to be two years with an option to renew up to 10 years.

• Rates will remain firm for the first two years of the Contract and may negotiated if renewed.

• Required delivery date for service to begin: immediately upon contract execution.

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.2.1 PERFORMANCE:

Contractor shall deliver all Goods and perform all Services required within the time specified.

Specified delivery times are critical. 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, 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 the Contract, and the Contract shall be canceled.

1.2.2 EQUIPMENT STANDARDS:

Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the Supplies that the Agency is purchasing.

1.2.2.1 CYLINDERS:

1.2.2.1.1 All cylinders shall comply with Oregon Administrative Rule (OAR) 437, Oregon Safety and Health Division Standards. The full text of Oregon OSHA rules can be found at www.orosha.org Rules and Laws.

http://www.orosha.org/

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1.2.2.1.2 Contractor shall only provide cylinders which have been visually inspected and are free from exterior corrosion, denting, bulging, gouges, as well as any grease and oil.

1.2.2.1.3 Contractor shall use cylinders that remain in specified gas service for life of the cylinder (e.g. once a cylinder is filled with Helium it can only be used for Helium).

1.2.2.1.4 Cylinders shall clearly identify; Contractor name, product name, and hazard class.

1.2.2.1.5 Cylinders shall be secured to any equipment used for delivery until the final drop point located inside OSHA lab.

1.2.2.1.6 Contractor must secure empty cylinders before removal from the lab.

1.2.3 NECESSARY COMPONENTS:

The contractor shall provide all components, hardware, and parts necessary for proper assembly, installation, and operation. This includes but is not limited to all fittings, couplers, brackets, adapters, etc. Bidders shall include the cost of such components, hardware, and parts in the Bid price.

1.2.4 DELIVERY:

1.2.4.1 Acetylene, Pre-Purified, Grade 2.6 shall be delivered by 4:00 PM on the following business day from the date of order.

1.2.4.2 All other remaining gases shall be delivered within 4 business days from date of order.

1.2.4.3 Deliveries shall be made between the hours of 8:00am – 4:00pm Monday – Friday, except for State observed holidays. In the case of office closure for these reasons, Agency will coordinate an acceptable delivery date with Contractor.

1.2.4.3.1 All cylinders shall be secured to any equipment used during delivery until the final drop point located inside the OSHA lab.

1.2.4.4 Goods shall be delivered F.O.B. destination to the address specified on Agency Purchase Order.

1.2.4.5 Delivery shall not be considered complete, and risk of loss shall remain with Contractor, until acceptance by the Agency or expiration of the inspection period, whichever occurs first.

1.2.4.6 All packaging and packing methods and materials shall be in accordance with the best commercial practice.

1.2.4.7 The Contractor shall notify Agency ordering personnel within twenty-four (24) hours of receiving an order whenever the Contractor determines that a Good will not be available for shipment on its scheduled delivery day. This includes a notice

DAS PS, V1.0 – February 20, 2019 Page 5 of 14 to Agency’s ordering personnel whenever a particular Good will be short-shipped.

Notice of unavailability, delivery of empty cylinders or projected short-shipment will not eliminate Agency’s right to pursue all available remedies.

1.2.5 DELIVERY COMPONENTS:

1.2.5.1 Contractor shall include with all Goods delivered all of the following items (collectively referred to as "Delivery Components").

1.2.5.1.1 Material Safety Data Sheets

1.2.5.1.2 Any and all warranty documentation.

1.2.6 PRICE:

Agency may request Contractor to provide additional quantities of goods or services in the event additional quantities of Goods are required to meet Agency program needs. Agency may also request Contractor provide additional goods or perform additional services within the scope of the solicitation, if any, and if no solicitation to the extent permitted by applicable statutes and administrative rules.

1.2.6.1 PRICE DECREASE:

1.2.6.1.1 The Agency shall be given the immediate benefit of any price decrease.

Contractor shall promptly notify Agency of the amount and effective date of each decrease. This decrease shall apply to orders placed on or after the effective date of the decrease. Invoices shall reflect the price in effect on the date Agency’s purchase order was written.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE Time (PST)

Closing (Due Date and time to submit Bids) July 06, 2022 3:00 PM Opening of Bids July 06, 2022 3:00 PM Contract Execution (approximate) July 07, 2022

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

1.4.1 GENERAL DEFINITIONS

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All

DAS PS, V1.0 – February 20, 2019 Page 6 of 14 communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

1.5 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(2)(c)(C).

2.2 PROCUREMENT METHOD

Agency is issuing this ITB as an intermediate procurement using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125-247-0255, and may use any available optional procedures.

2.3 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

2.3.1 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1-855-800-5046 or by email at suppliersupport@periscopeholdings.com.

2.3.2 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party.

Agency accepts no responsibility for missing or incorrect information.

To register in OregonBuys:

• Navigate to OregonBuys e-procurement system

• Click on the “REGISTER” button on the upper right hand corner of the page

• Enter your tax ID, business address and business email address

• Enter the account Administrator name, phone number, user ID, password and email address https://oregonbuys.gov/bso https://oregonbuys.gov/bso mailto:suppliersupport@periscopeholdings.com https://oregonbuys.gov/bso

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• Enter NIGP codes to receive bid notifications

2.4 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

• Be submitted in writing to the SPC identified on the cover page of this ITB (mail or email are acceptable).

• Reference the ITB #S-44000-00003475 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received before the closing date and time identified in Section 1.3 of this ITB

Agency will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, Agency, may change this ITB by written Addendum and post to OregonBuys.

Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

2.5 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID DELIVERY OPTIONS

3.2.1.1 DELIVERY THROUGH OREGONBUYS

Bid submission should be electronically through OregonBuys at OregonBuys.gov.

Detailed instructions on how to submit the Bid can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

3.2.1.2 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL OR PARCEL

CARRIER

A Bid may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Bidder’s name and the OregonBuys bid https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS PS, V1.0 – February 20, 2019 Page 8 of 14 number. It must be sent to the attention of the SPC at the address listed on the Cover Page

3.2.1.3 ALTERNATIVE DELIVERY OPTION: DELIVERY IN PERSON

A Bid may be hand delivered, and must be clearly labeled and submitted in a sealed envelope, package or box. A Bid will be accepted, prior to Opening, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5:00 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. The outside of the sealed submission must clearly identify the Bidder’s name and the bid number assigned to the Bid solicitation by OregonBuys. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

3.2.2 BID FORMAT

If Bid is delivered through mail, parcel carrier, or in person, Bidder shall submit its Bid both on electronic thumb drive media and hard copy. Hard copy version must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Bid. Agency requests Bids be submitted with the edges unbound.

All Bids should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.3 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the submission email or physical address specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery. Bids submitted by facsimile (fax) will be rejected. Email is the preferred delivery method.

• Bids may be submitted electronically to the submission email listed on the cover page.

Bidders will receive an auto reply message to confirm that the bid was received.

• Bids may be submitted via mail or carrier service to the address listed on the cover page.

The Bid will be date and time stamped upon receipt.

Agency operating hours are Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for State holidays and State approved closures.

3.2.4 QUANTITY OF BIDS TO BE SUBMITTED

One (1) Bid with original signature, and all required documents must be submitted on or before Closing (date and time). Envelopes, packages or boxes must be marked in accordance with Section 3.2.5.

3.2.5 ENVELOPE, PACKAGE OR BOX LABEL

The Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

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• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

3.2.6 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

A Bidder wishing to make modifications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section

3.2.6 and to Section 3.2.1 Bid Delivery Options.

• All modifications made to a Bid must be made in writing and must be properly initialed by Bidder’s authorized representative.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in writing and must be properly initialed by Bidder’s authorized representative.

3.2.7 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.8 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.9 OPENING OF BIDS

Bids will be publicly opened and the names of all Bidders will be read by Agency at the location identified on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.

Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

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• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 BID REQUIREMENTS

Bidder must provide all information required in Attachment F of this ITB.

SECTION 4: REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of notice to award.

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest responsible Bidder for the average total cost of all items.

4.4 REFERENCES

Bidder must submit three completed references. Bidder shall contact references and ensure reference form is completed for three references.

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in

DAS PS, V1.0 – February 20, 2019 Page 11 of 14 a Bid may be cause for rejection.

Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.5 DEMONSTRATIONS/PRESENTATIONS/INTERVIEWS

Agency may elect to conduct presentations, demonstrations or interviews. Bidder may be required to make a presentation, demonstration or to participate in an interview subsequent to the submission of its Bid. If Agency does so, Agency will notify Bidders of such further procedures or changes when it notifies Bidders of the schedule.

4.6 PREFERENCES

4.6.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.6.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.6.3 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

4.7 METHOD OF AWARD

4.7.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

SECTION 5: AWARD CONDITIONS

5.1 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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As required by ORS 279B.235 Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.2 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.3 OTHER REQUIRED INFORMATION

5.3.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 TAXPAYER IDENTIFICATION NUMBER

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency, or

When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

5.3.3 BUSINESS REGISTRY

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not http://www.irs.gov/pub/irs-pdf/fw9.pdf

DAS PS, V1.0 – February 20, 2019 Page 13 of 14 applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contact attached hereto as Attachment A is not negotiable, except for where explicitly stated.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

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

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel http://www.filinginoregon.com/index.htm

DAS PS, V1.0 – February 20, 2019 Page 14 of 14 this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

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

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

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 RECYCLED PRODUCTS

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

7.7 ATTACHMENTS

• Attachment A – Sample Contract o Exhibit A – Statement Of Work o Exhibit B – Rates of Service o Exhibit C – Required Insurance o Exhibit D – Independent Contractor Certification

• Attachment B – Bid Cover Sheet

• Attachment C – Reference Check Form

• Attachment D – Bid Submittal Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry