S-10700-00007204 UPS System Mntc Svcs ITB_with Attach_FINAL_2023.06.22.pdf

ITB #S-10700-00007204 – Uninterrupted Power Supply (UPS) System Maintenance Services

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STATE OF OREGON

COVER PAGE

Department of Administrative Services

UNINTERRUPTED POWER SUPPLY (UPS) SYSTEM

MAINTENANCE SERVICES

Invitation to Bid (ITB) Contract

S-10700-00007204

Date of Issue: June 22, 2023

Bid Opening: July 12, 2023, Time 2:00 PM (Pacific)

Single Point of Contact (SPC): Stacy Lenroot, State Procurement Analyst

Address: 1225 Ferry Street SE City, State, Zip: Salem, OR 973001 Phone (voice): 971-283-5234 E-mail: Stacy.J.Lenroot@DAS.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:Stacy.J.Lenroot@DAS.Oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 STATEMENT OF WORK

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 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 PROTEST OF 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: BID REVIEW METHODOLOGY

4.1 RESPONSIVE DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 RESERVED

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 INSURANCE

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 UNACCEPTABLE ACTIVITIES; CLEANUP REMOVAL

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

EXHIBIT A: Statement of Services EXHIBIT B: Standard Contract Terms and Conditions for Services EXHIBIT C: Insurance Requirements EXHIBIT D: Schedule of Prices EXHIBIT E: Contract Contact Information EXHIBIT F: Equipment List EXHIBIT G: Sample Equipment Maintenance Log EXHIBIT H: Contractor’s Key Persons Contact Information EXHIBIT I: Emergency Contact Information EXHIBIT J: State Data Center UPS Maintenance Method of Procedure

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

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”), is issuing this Invitation to Bid (ITB) to establish a Trade Service Contract for Uninterrupted Power Supply (“UPS”) System Maintenance Services at the State Data Center (“SDC” or “Facility”). DAS PS is requesting pricing for maintenance, service, and repairs to elements of the Facility’s UPS system serving the Information Technology and Telecommunications (“IT&T”) Infrastructure. The objective of this solicitation is to obtain the services necessary to ensure the availability and reliability of the UPS System for the Facility, which is essential to support the State of Oregon’s IT&T Infrastructure. DAS PS reserves the right to add or delete parts of designated materials or services during the term of the Contract as is necessary to maintain the equipment. DAS PS anticipates the award of one (1) Contract resulting from this ITB.

The initial term of this Contract is anticipated to be two (2) years from the effective date of Contract (“Initial Term”), with an option to renew up to an additional four (4) terms, provided that the total Contract term, including the initial term and all subsequent extensions, does not exceed ten (10) years from the Effective Date.

1.2 STATEMENT OF WORK

The purpose of this ITB is to establish a contract to provide a complete package of preventative maintenance, service, support, and repairs to elements of the UPS System.

The complete statement of work is in Attachment A, Sample Contract, Exhibit A, Statement of Services.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (PT)

Issuance Date of ITB June 22, 2023 N/A Optional Pre-Bid Conference June 27, 2023 12:30 PM Questions / Requests for Clarifications Due July 05, 2023 5:00 PM Answers to Questions / Requests for Clarification Issued (approx.)

July 07, 2023 5:00 PM

ITB Protest Period Ends 7 calendar days prior to Opening

N/A

Bid Opening (Bid Due) July 13, 2023 2:00 PM Notice of Intent to Award (approx.) July 17, 2023 N/A Protests to Intent to Award Due 7 calendar days from Notice of Intent to Award

N/A Execution of Contract (approx.) July 25, 2023 N/A

DAS PS 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.

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1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the proposed Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

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

DAS PS is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3).

2.2 PROCUREMENT METHOD

DAS PS is 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 PRE-BID CONFERENCE

A voluntary pre-Bid conference will be held on June 27, 2023, at 12:30 PM. The pre-Bid conference will be conducted electronically, via MS Teams virtual audio/visual meeting. Interested parties wishing to attend the online conference may join on their computer or mobile phone via the following link:

Click here to join the meeting or alternatively by phone at: 503-446-4951, using the phone conference ID, 553 127 538#.

The purpose of this voluntary pre-bid conference is to clarify the ITB requirements and answer questions.

The pre-Bid is anticipated to last approximately sixty (60) minutes. Statements made at the pre-Bid conference are not binding upon DAS PS. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by DAS PS.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODU3ODMzMzMtMzJkYi00OWVmLTliMjYtZDQzMDBhMzY1ZDJj%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22c5d3f9c9-c613-47cf-b552-40e46c70b6b3%22%7d

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2.4 OREGONBUYS

This ITB, including all Addenda, Attachments and Exhibits is posted on OregonBuys at https://oregonbuys.gov. ITB documents will not be mailed. Parties without access to OregonBuys may download copies at the Department of Administrative Services at the location identified on the cover page of this ITB.

Modifications, if any, to this ITB will be made by written Addenda published in OregonBuys. Prospective Bidder is solely responsible for checking OregonBuys to determine whether any Addenda have been issued.

Addenda are incorporated into the ITB by this reference.

2.4.1 REGISTRATION REQUIREMENT

All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS PS shall not be responsible for defective registration or incorrect vendor information.

2.4.2 CROSSWALK OF TERMS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date

“Closing” as defined in OAR 125-246-0110(26). In OregonBuys it is the date and time deadline for submitting Bids and other documents required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 125-246-0110(99) will immediately occur.

Bid Solicitation Any form of solicitation. In this solicitation, an Invitation to Bid. Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal amendment to an existing resulting contract that is made according to the change order process set forth in the contract.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

https://oregonbuys.gov/ https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

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2.4.3 ITB ATTACHMENTS AND ADDENDA

In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header Information section.

• All ITB Attachments, Addenda, and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

2.4.4 OBTAINING ITB DOCUMENTS

This ITB, any ITB Attachments and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Bidders should contact the Purchaser identified in OregonBuys for this ITB if they are unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing via email to the SPC identified on the cover page of this ITB;

• Reference the ITB #S-10700-00007204:

Identify the section number and the passage; and Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

DAS PS will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, DAS PS 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.

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.8 for Addendum. DAS PS will not consider protests received after these deadline(s).

https://oregonbuys.gov/bso/ https://oregonbuys.gov/

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Protests must include:

• Protestor name and contact information;

• The ITB #S-10700-00007204;

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

2) Provide evidence and documentation supporting the grounds on which the protest is based.

• Any proposed changes to the ITB provisions or other relief sought.

DAS PS will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by DAS PS. Protests will be received only by email to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, DAS PS 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 2.6. Bidder is responsible for monitoring OregonBuys regularly until ITB Opening. DAS PS is not responsible for sending Addendum to any prospective Bidder.

2.8 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Bid Opening date.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 SUBMITTING BIDS

OregonBuys Electronic Response. Bidder shall submit its Bid electronically through OregonBuys.

Bidder should follow the Bid requirements and associated procedures outlined in Section 3.3 of this ITB for electronic submission.

Bidder shall submit one (1) Bid and all submittal requirements, bearing the Bidder’s authorized representative’s signature on or before the Opening date and time. Failure of

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Bidders authorized representative to sign the Bid may result in result in rejection of the Bid.

If Bidder believes any of its Bid is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Bidder shall mark “Confidential” in OregonBuys all Attachments to its Bid that Bidder believes are exempt from disclosure. Identifying the Bid in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances DAS PS will require Bidder to submit a memorandum citing the statutory justification for each specific area of the Bid that Bidder claims to be exempt.

Bidder is solely responsible for ensuring its Bid is received in accordance with the ITB requirements, by Opening in the manner specified in this solicitation. DAS PS shall not be responsible for any delays in delivery. Bids submitted in any other manner will be rejected.

3.2.2 BID MODIFICATION

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

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

• Withdraw its Bid to make modifications and resubmit the Bid pursuant to Section 3.2.3.

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

• Submit modification(s), as directed in section 3.2.3.

• Oral, electronic, facsimile, or telephonic modifications will not be accepted.

3.2.3 BID WITHDRAWAL

If a Bidder wishes to withdraw a submitted Bid, it must be withdrawn through the OregonBuys process. Modification made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Failure to comply with the provisions of this paragraph of Section 3.2.3 will result in Bid rejection.

Nothing in Section 3.2.2 shall be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the Contract, or the conditions of the Bid.

Offerors may not modify Bids after the Bid Opening Date.

3.2.4 LATE BIDS

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

3.2.5 OPENING OF BIDS

A public Opening will be held on the date, and time listed in the Schedule set forth in Section 1.3. The public Opening will be conducted electronically, via Teams virtual audio/visual meeting at approximately 2:00 PM. Interested parties wishing to attend the public Opening may join on their computer or mobile phone via the following link:

Click here to join the meeting or alternatively by phone at: 503-446-4951, using the phone conference ID, 455 321 252#.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDA0YjAzNDktNDY5My00ZjE3LTlhNmMtMDNhY2U0OGYyYTNi%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22c5d3f9c9-c613-47cf-b552-40e46c70b6b3%22%7d

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

3.3.1 OPENING

Bids must be submitted by Opening date and time to be considered.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms:

• 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 DAS PS, 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 DAS PS, 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 REFERENCES

Bidder must provide three (3) references from similar projects performed for any clients within the most recent five (5) years. Information provided must include:

• Reference name, telephone number and email

• Description of services or products provided

• Service or product delivery starting and ending dates

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS

3.3.5.1 QUALIFICATIONS

• Bidder must have at least three years’ demonstrated experience in Uninterrupted power system maintenance support services, as described in Exhibit A, within the State of Oregon.

• Bidder shall list local service offices. For the purposes of listing local service office(s), “local” means within 50 miles of the Facility.

• Bidder must provide three references for similar services provided.

• Bidder must provide the background, licensing, and training levels of three of its experienced technicians.

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3.3.5.2 POINT OF CONTACT (“POC”)

Contractor shall provide a central point of contact throughout the term of the Contract, to work with Department of Administrative Services Enterprise Asset Management (EAM) and provide information when requested. The POC will be responsible for oversight of the work of the Contract.

3.3.5.3 PERMITS, LICENSES, AND FEES

Contractor’s services must be accomplished in strict conformity with all applicable codes, laws, and ordinances. Contractor shall be licensed to perform work at the Facility.

Contractor shall obtain all necessary permits, certifications and licenses of compliance or approval and deliver these to EAM, paying all necessary fees in each instance, if applicable.

3.3.5.4 WARRANTIES AND CERTIFICATIONS

Contractor must certify that it shall make every diligent effort to avoid disruption of business activities at the site. Contractor will advise EAM’s Operation’s Point of Contact (“POC”) or designee in a timely manner, but no less than 48 hours, if business activities at the site will be negatively affected by Contractor’s services. The warranty period for products must be described in the Bid. Any items omitted from the Bid that are clearly necessary for the successful operation of Contractor’s proposed work, although not directly specified or called for in this BID, shall be considered a portion of the Bid.

3.3.5.5 COBID

Bidder shall describe its experience and the outreach and subcontracting plan it will use, if awarded a Contract, to provide Oregon COBID certified firms an equal opportunity to perform any subcontracts, by submitting a completed Attachment E, COBID Certification / Outreach Plan, including Bidder’s outreach plan as an appendix to this ITB. Bidder may not respond to this requirement as “not applicable to Bidder”. Bids that do not include a complete Attachment E may be rejected as non-responsive.

3.3.6 KEY PERSONS

Bidder must identify Key Persons and the roles each will serve. Include resumes of background, experience and expertise related to the specific work.

3.3.7 BID REQUIREMENTS

• Bid must be received by the Bid Opening date and time.

• Bidder must provide all information required of this ITB.

• All form fields must be completed. N/A is acceptable if the Bidder does not have any information for that respective field.

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SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVE DETERMINATION

A Bid received prior to Opening will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bid 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, DAS PS may waive mistakes in accordance with

OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

DAS PS will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

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

4.3 COST COMPARISON

DAS PS shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Contractor must be an established organization specialized in the service, maintenance, and repair of UPS system equipment (as described in this contract) for a minimum of three (3) years.

Contractor must employ and maintain a minimum of two (2) experienced technicians who reside within and provide services in the state of Oregon. Technicians must be licensed and capable of providing services on all equipment models and components listed in this contract.

4.5 REFERENCES

DAS PS 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 a Bid may be cause for rejection.

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

4.6 RESERVED

4.7 PREFERENCES

4.7.1 RECYCLED MATERIALS

In comparing Goods from two (2) or more Bidders, if at least one (1) Bidder offers Goods manufactured with Recycled Materials, and at least one (1) Bidder does not, DAS PS will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

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4.7.2 PUBLIC PRINTING

DAS PS shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.7.3 TIEBREAKERS

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

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

If awarded, DAS PS must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. DAS PS shall award by monthly service fee.

Optional prices will not be considered as a factor in the award but are required as stated on Attachment D, BID SUBMITTAL FORM.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, DAS PS will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at DAS PS by appointment.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All lower Bids are non-Responsive.

• DAS PS has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

• DAS PS abused its discretion in rejecting the protestor’s Bid as non-Responsive.

• DAS PS evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or

ORS Chapter 279B.

If DAS PS receives only one (1) Bid, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email;

• Reference the ITB number;

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• Identify Bidder’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the protest; and

• Be received within seven (7) calendar days of the Intent to Award notice.

5.2.2 RESPONSE TO PROTEST

DAS PS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by DAS PS.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to DAS PS 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.

As required by ORS 279B.235(1)(b), 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 based on 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 DAS PS 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.

5.4 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.

5.5 INSURANCE

Prior to award, Bidder shall secure and demonstrate to DAS PS proof of insurance as required in this ITB.

Insurance Requirements are found in Exhibit C of Attachment A – Sample Contract.

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

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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, DAS PS will proceed with final award. The Contract attached hereto as Attachment A – Sample Contract is not negotiable.

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

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, DAS PS 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 DAS PS receives an Offer from a government body, DAS PS will initially review the Offer according to the same criteria set forth in this ITB. DAS PS, 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 DAS PS.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of DAS PS. 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 DAS PS cancels this ITB prior to the Opening 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, DAS PS may reject any or all Bids in whole or in part and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. DAS PS, 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 DAS PS cancels this ITB prior to the Opening identified in Section 1.3, all Bids will become part of the public record without obligation to DAS PS.

7.5 UNACCEPTABLE ACTIVITIES; CLEANUP REMOVAL

No alcoholic beverages, illegal drugs, illegal activities, etc., are permitted on premises of Facility. When requested by EAM, Contractor shall remove from the premises any of its employees or subcontractors who are abusive, harassing, or insubordinate to EAM, their employees, agents, consultants, vendors, or customers, or who are suspected of using of drugs or alcohol. Contractor shall maintain a clean work site of debris such as boxes, bags, packaging, etc., by removing these items daily.

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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.)

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ATTACHMENT A – SAMPLE CONTRACT

Attachment A is attached to this ITB as a separate attachment.

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ATTACHMENT B — BID COVER SHEET

Bidder Name (printed):

Address: City, State, Zip:

Bid Clarification Contact Person: Telephone:

Email:

State of Incorporation: Entity Type:

Oregon Secretary of State Business Registry Number (if required):

Any individual signing below hereby certifies he/she is an authorized representative of Bidder and that:

1. Bidder understands and accepts the requirements of this ITB. By submitting a Bid, Bidder agrees to be bound by the Contract terms and conditions in Attachment A , as modified by Addenda, if any.

2. Bidder acknowledges receipt of any and all Addenda to this ITB.

3. If awarded a Contract, Bidder agrees to comply with all provisions of the ITB and meet the performance standards set forth in the Contract.

4. Bidder has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

5. I have knowledge regarding Bidder’s payment of taxes and by signing below I hereby certify, to the best of my knowledge, Bidder is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.380(4), ORS 305.620, and ORS chapters 316, 317 and 318.

6. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Bidder does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a service-disabled veteran owned business, or an emerging small business. If applicable, Bidder has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112, of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. The State may not enter into a contract with an anticipated contract price of $150,000 or more with a Bidder that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

7. Bidder and Bidder’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign

Assets Control of the United States Department of the Treasury found at:

https://www.treasury.gov/ofac/downloads/sdnlist.pdf, or

B. the government wide exclusions lists in the System for Award Management found at:

https://www.sam.gov/portal/SAM/#1

8. Bidder certifies to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Bidder, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the ITB. If any changes occur with respect to Bidder’s status regarding conflict of interest, Bidder https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/SAM/%231

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 19 of 27 shall promptly notify the State in writing.

9. Bidder certifies all contents of the Bid (including any other forms or documentation, if required under this

ITB), and this Bid Cover Sheet are truthful and accurate and have been prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

10. Bidder understands any statement or representation made in response to this ITB, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

11. Bidder acknowledges these certifications are in addition to any certifications required in the Contract at the time of execution.

Authorized Signature Date

(Printed Name and Title)

Email Address

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 20 of 27

ATTACHMENT C — REFERENCE CHECK FORM

Submit this completed form with your bid

REFERENCES COMPARABLE IN SIZE AND SCOPE: Bidder shall provide a list of three (3) different firms who can be contacted regarding the quality of services the Bidder provided within the last five (5) years. AND three different firms who can be contacted regarding the quality of service the Key Person provided within the last five years.

Business References Name of Firm:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

What was the budget:

Were contract services accomplished within budget & schedule? If not, why

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

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Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

Key Persons

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

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Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

Reference Contact Person:

Telephone: Email:

Alternate Reference Contact Person:

Telephone: Email:

Description of service type, size, location, duration & objectives:

Describe Tasks performed:

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ATTACHMENT D — BID SUBMITTAL FORM

Inclusive of all labor, parts, supplies, tools, training, travel, transportation, fuel, parking, equipment, expenses, etc., as necessary to provide DAS a complete package of preventative maintenance, repair service and support for the State Data Center UPS System.

ANNUAL SERVICE FEE – FOR PERFORMING THE ANNUAL SERVICES ENTIRELY $_________.

ADDITIONAL SERVICES – LABOR (as requested)

HOURLY – M-F, 8 AM – 5 PM $_________.

OVERTIME – Weekends and Holidays $_________.

OPTIONS/ADDITIONAL PRICES (Not part of proposal evaluation award):

3.1.1 Price: Remote diagnostics and monitoring through a DID phone line that connects to the three (3) MGE UPS systems.

FEE $__________

All other conditions of service and response times as outlined in this Contract shall remain the same.

3.1.2 Price: As an option, Contractor shall provide pricing for a complete battery monitoring and recording system for each of the individual UPS battery plants. As a minimum, the system shall monitor and trend individual jar voltage, jar/interconnect impedance, string voltage, discharge current and duration, ambient room and battery temperatures and system status for each string of batteries. System shall provide continuous monitoring of battery plant and individual battery jar voltage during a discharge condition and shall provide for analysis of battery string and jar voltages and trends.

FEE $__________

3.1.3 Price: As an option, Contract may provide pricing for a full replacement of all modules, including all labor, materials, parts, supplies and inspection of replacements as requested by Agency for each of the five (5) UPS units.

Inclusive Price per Module $_________

3.1.4 Price: As an option, Contract may provide pricing for the purchase and installation of all UPS Batteries. It is anticipated that this Option will not be utilized until the fourth (4th) year of this Contract, as full replacement of all batteries was completed in October 2019. Contractor is to provide all labor and materials necessary as follows:

• Disconnect, remove, and dispose of the 441 existing UPS Batteries

• Provide and install 404 12v UPS 12-490MR Batteries.

FEE $_____________

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ATTACHMENT E – CERTIFIED DISADVANTAGED BUSINESS

OUTREACH PLAN

Bidder Name: Date:

Contact Name: Telephone: Email:

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Bidder certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any evaluation.

1. Is Bidder an Oregon Certified Firm? Yes No

If yes, indicate all certification type(s): DBE MBE WBE SDV ESB and supply

Oregon State Certification Number: __________________________

2. Include a list of Certified Firms that Bidder has had a contractual relationship with within the last two (2) years.

3. Include a list of firms that Bidder has had a contractual relationship with within the last two (2) years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

4. Does Bidder foresee any subcontracting opportunities for this procurement? Yes No

If no, do not complete the rest of this form and submit this first page with your Bid.

If yes, please complete the following pages and submit all pages with your Bid.

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5. Describe the steps Bidder will take to solicit Certified Firms for subcontracting opportunities if awarded a Contract from this procurement.

6. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Contract.

7. Would Bidder be willing to report the identity of each subcontractor and the value of each subcontract to COBID if awarded a Contract from this procurement?

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ATTACHMENT F – RESPONSIBILITY INQUIRY

DAS PS will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, DAS PS may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in a finding of non-responsibility and rejection.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO .

2. Within the last five (5) years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three (3) years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted, or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids, or

• embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three (3) years, has Bidder had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO .

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period?

YES / NO .

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

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Response:

6. Within the last three (3) years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

8. Pay Equity Certificate. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A . [If the certificate was provided with the Bid submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned authorized representative on behalf of Bidder certifies to the best of his or her knowledge and believes the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB:

Project Name:

Authorized Signature Date

Print Name Title