RFP S-63500-00013989 - Bobcat GPS Collars_6-10-25.pdf

OregonBuys RFP S-63500-00013989: Bobcat GPS Collars

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife is issuing this Intermediate Procurement under S-63500-00013989 for

BOBCAT GPS COLLARS

Date of Issue: June 10, 2025 @ 2:00PM PST

Opening Date: June 24, 2025 @ 2:00PM PST

Single Point of Contact (SPC): Claire Duvall, Procurement and Contract Specialist

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): (971) 372-8721

E-mail: claire.j.duvall@odfw.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.

mailto:claire.j.duvall@odfw.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATION

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife (“Agency” or “ODFW”), is issuing this Intermediate Procurement for the purchase and delivery of up to fifteen

(15) GPS radio transmitter collars for bobcats and associated data collection services for four

(4) years. The collars need to be delivered by September 17, 2025 for deployment in October 2025.

Additional details on the Scope of the goods or services or both are included in Section 2.4 (Scope of Work/Specification).

Agency anticipates the award of one contract from this solicitation.

The Initial term of the Contract is anticipated to be four (4) years.

1.2 SCHEDULE

Table 1 below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

Table 1 – Schedule of Events

Event Date Time

Questions / Requests for Clarification Due June 17, 2025 2:00 PM

Opening (offer Due) June 24, 2025 2:00 PM

Issuance of Notice of Award (approx.) July 3, 2025

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

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2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODFW’s mission is to protect and enhance Oregon’s fish, wildlife, and their habitats for use and enjoyment by present and future generations. Proposals are being requested by ODFW’s Wildlife Division. The Wildlife Division consists of three main programs – Conservation, Game, and Habitat.

• The Conservation Program is responsible for statewide species surveys, conservation and management of sensitive, threatened and endangered species, marine mammal health, and implementation of the Comprehensive Wildlife Conservation Strategy.

• The Game Program is responsible for inventory and monitoring, of game species, game management, hunter surveys, harvest regulations, investigation of wildlife diseases, wildlife damage prevention and response, and predator control.

• The Habitat Program is responsible for management of the department’s sixteen (16) wildlife areas, development and restoration of fish and wildlife habitat, landowner assistance for habitat development, the Access and Habitat Program, and administration of Pittman-Robertson Act funds.

This proposal request is under the Game Program with the goal of supporting the ODFW mission by conducting big game survey operations, wildlife research, disease surveillance, other wildlife species census, related wildlife actions, and habitat condition inventories.

2.3.2 Project Overview and Background

The purpose of this RFP is to establish a Contract for the purchase and delivery of approximately fifteen (15) GPS radio transmitter collars for placement on bobcats. The purchase will also include data collection services for all collars (“Services”) for four (4) years. ODFW may increase or decrease the number of collars purchased based on funding availability and product price.

ODFW is in need of additional GPS collars for bobcats as they are considered a primary competitor and predator of fishers (an ODFW Conservation Strategy Species) in Oregon. The collars will be utilized as part of ongoing research to understand habitat use, movement behavior, and competition in fishers and their competitors. The data derived from these collars will improve understanding of mesocarnivore ecology, inform management of furbearers, including Conservation Strategy Species, and guide actions in future translocation or conservation efforts for these species.

2.4 SCOPE OF WORK/SPECIFICATION

2.4.1 Offeror must deliver up to fifteen (15) GPS radio transmitter collars, the number of which will be determined by Agency in its sole discretion. The collars must be Iridium satellite-

(ODFW update 12/18/24) Page 5 of 16 compatible for Agency deployment on bobcats as described in this solicitation. The collars must meet the specifications below:

2.4.2 Mandatory Requirements

1. Quantity: 15

2. GPS Collar with Iridium satellite network compatibility

3. Weight: 200g or less (including battery and GPS receiver)

4. Option to include pre-programmed or user command driven drop-off mechanism

5. Webservice for downloading GPS locations

2.4.3 Optional Requirements

1. Mobile application for viewing GPS locations

2. Ability to connect to GPS location database via an Application Programming Interface

(API)

2.4.4 Proposer must include the following information with the quote

1. Collar programming or activation fees if any

2. Yearly iridium data plan fees

3. Estimates of applicable shipping and handling fees

4. A full description of product warranty, including whether warranty is covered for collars that are not able to be retrieved and returned to the manufacturer, and including the replacement of failed units and/or reimbursement of prepaid data fees on failed units.

The scope of work for this RFP does not include capture or placing the collars on bobcats (“Deployment”).

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offer Submissions

To be considered for evaluation, Offer must contain each of the following elements (further

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1. Attachment B: Disclosure Exemption Affidavit

2. Attachment C: Offeror Information and Certification Sheet

3. Attachment D: Reference Check Form

4. Attachment E: Cost Sheet

5. Attachment F: Certified Disadvantaged Business Outreach Plan

6. Attachment G: Responsibility Inquiry

7. Attachment H: Scored Offer Components Form

3.2.2 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in Section 3.4 (Offers Content Requirements). Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Offeror shall submit one electronic copy of its Offer through OregonBuys. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.3 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in 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.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

https://oregonbuys.gov/bso

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• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in Section 1.2 (Schedule)

3.3.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

Offeror must submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Supplier Bid Solicitation Response.pdf.

The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

• Offeror fails to meet the responsibility requirements of ORS 279B.110.

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Public Record/Confidential or Proprietary Information (Attachment B)

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is 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), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

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3.4.2 Offeror Information and Certification Sheet (Attachment C)

The Offeror must complete and submit the Offeror Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign Attachment C may result in a finding of non-responsibility.

3.4.3 References (Attachment D)

The Offeror must provide two (2) references from current or former client firms for similar projects performed for any clients within the last three (3) years. All references must be researchers or managers from state wildlife agencies in the Western United States. Only one state wildlife agency reference may be from ODFW. References must be able to verify the quality of previous, related work.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

The Offeror must submit reference names and contact information. Agency will make three

(3) attempts to contact each reference. If these attempts are unsuccessful and ODFW cannot locate an alternative reference for the Offeror, the Offeror will receive a score of zero (0) for that reference.

3.4.4 Costs (Attachment E)

Offerors must submit a detailed Cost Sheet (Attachment E) in a separate electronic file through OregonBuys.

For the goods and services described in Section 2.4 (Scope of Work/Specification), the Cost Sheet must include the price for each delivered item, monthly services based on the required delivery schedule, and any additional associated fees.

3.4.5 Certified Disadvantaged Business Outreach Plan (Attachment F)

The Offeror must complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.4.6 Responsibility Inquiry (Attachment G)

The Offeror must complete and submit a Responsibility Inquiry Form (Attachment G).

3.4.7 Scored Proposal Components Form (Attachment H)

The Offeror must utilize Attachment H to demonstrate a clear and concise understanding of collar specifications as well as the capability to meet requirements.

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3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Sections 3.2 (Minimum Submission Requirements) and 3.4 (Offer Content Requirements). If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non- Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Agency will determine if an apparent successful Offeror is Responsible prior to award and execution of the Contract. At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in Section 3.4 (Offer Content Requirements) will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% (based on the explanations in Table 2 below) for each evaluation item.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

Table 2 – Evaluation Criterion

SCORE EXPLANATION

90 – 100%

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.

60 – 89%

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

50 – 59%

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.

11 – 49%

FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-10% RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

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3.5.2.1 Evaluation Item 1: Collar Specifications

- How well does the proposed collar meet the specifications for Bobcats?

- What are the warranty details?

- Does the warranty not require physical retrieval of the collar and return to the manufacturer for warranty claims?

3.5.2.2 Evaluation Item 2: References

- Business history and reliability

- Customer service

- Repairs and warranty work

3.5.2.3 Evaluation Item 3: Product Reliability

- Evaluation of answers in Attachment H section D

3.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.2 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract up to 10 % from the cost for any Offeror proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score.

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3.8.3 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.8.4 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, 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.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100 as stated in Section 3.5.2) assigned by each evaluator.

Points are the total possible value for each section as listed in Table 3 below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

Table 3 – Points Breakout

Section Evaluation Item Points Possible

3.5.2.1 Proposed Collar Specifications 30

3.5.2.2 References 20

3.5.2.3 Product Reliability 20

3.4.4 Costs 30

Total Points Possible 100

EXAMPLE:

Offeror A receives scores of 100, 90, and 80 for a criterion worth 30 points. The SPC averages 100, 90, and 80 for a score of 90. 90 is used as a 90% multiplier to the possible points of 30. 30 multiplied by 90% is 27. Offeror A’s points for the criterion is 27.

3.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

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SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

Offeror who is selected for a Contract award under this solicitation will be required to submit additional information and comply with the following:

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 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 (normally in an intent to award notice), 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.

4.2.3 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 applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered http://www.irs.gov/pub/irs-pdf/fw9.pdf

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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.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

• Term of the contract

• Descriptions of goods and services

• Compensation

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled http://www.filinginoregon.com/index.htm

(ODFW update 12/18/24) Page 15 of 16 veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

Business Oregon : Home : State of Oregon or email: COBID Biz*Biz

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.3 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon;

provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.6 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov http://www.oregon.gov/DAS

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5.8 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A Sample Contract

ATTACHMENT B Disclosure Exemption Affidavit (MUST BE RETURNED WITH OFFER)

ATTACHMENT C Offeror Information and Certification Sheet (MUST BE RETURNED WITH

OFFER)

ATTACHMENT D Reference Check Form (MUST BE RETURNED WITH OFFER)

ATTACHMENT E Cost Sheet (MUST BE RETURNED WITH OFFER)

ATTACHMENT F Certified Disadvantaged Business Outreach Plan (MUST BE RETURNED

WITH OFFER)

ATTACHMENT G Responsibility Inquiry (MUST BE RETURNED WITH OFFER)

ATTACHMENT H Scored Offer Components Form (MUST BE RETURNED WITH OFFER)