S-34000-00016785 - Request for Proposals.pdf

DEQ Solicitation #: S-34000-00016785

STATE OF OREGON

COVER PAGE

Oregon Department of Environmental Quality is issuing this Intermediate Procurement under S-34000-00016785 for

EMISSION HOOD FABRICATION FOR PILE BURN TESTING

Date of Issue: May 5, 2026

Opening Date: June 4, 2026

Single Point of Contact (SPC): Tempest Roberts, Procurement and Contract Specialist

Address: 700 NE Multnomah St., Suite 600

City, State, Zip: Portland, OR 97232

Phone (voice): 503-880-6999

E-mail: tempest.roberts@deq.oregon.gov mailto:tempest.roberts@deq.oregon.gov

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/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

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

5.9 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SCOPE OF WORK

ATTACHMENT A1 DIAGRAMS AND NOTES

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G SAMPLE CONTRACT

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Environmental Quality (“Agency” or “DEQ”), is issuing this Intermediate Procurement for the design, fabrication, and transportation of an Emission Capture Hood for Pile Burn Testing.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one (1) Contract from this solicitation. The initial term of the Contract is anticipated to be one (1) year.

The project is expected to end December 31, 2026. Planning and coordination for testing will occur throughout 2026, with the emission hood fabrication complete in August 2026. Testing, which will require hood transport to and from the site and hood set-up and takedown, will occur either during the spring or fall prescribed fire season.

1.2 SCHEDULE

The table 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.

Event Date Time

Questions / Requests for Clarification Due May 25, 2026 5:00 PM

Opening (offer Due) June 4, 2026 5:00 PM

Issuance of Notice of Award (approx.) June 15, 2026

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.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

Terminology specific to the OregonBuys E-Procurement system may be found at:

OregonBuys

2.2.1 General Definitions

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

2.2.2 Project Specific Definitions

“Forest Biomass” means residual material remaining after a timber harvest or fuel reduction project, including, but not limited to, tree tops, limbs, defective or small-diameter trees, and other low-value woody material.

“Pile Burning” means the burning of forest biomass originated onsite. The biomass is stacked together in a round or linear fashion.

2.3 OVERVIEW AND PURPOSE

The Oregon Department of Environmental Quality (DEQ) is seeking proposals for the design, fabrication, and transportation of an emission capture hood. This hood is a testing device that will be used to capture emissions in an upcoming pile burn emissions test.

Emissions testing is scheduled to occur during the fall of 2026 and due to funding restrictions, this is a hard deadline with no flexibility. The hood shall be fabricated no later than August 31, 2026.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Scope of Work is divided into three (3) components: (1) design, (2) fabrication, and (3) transportation of the unit to and from the testing location.

DEQ seeks a qualified Contractor to provide design, fabrication, and transportation services for an emissions capture hood. The hood must be compatible with the existing ducting system identified in Attachment A1 and capable of accommodating emissions testing for pile burning of forest biomass. Anticipated pile sizes are approximately four

(4) to five (5) feet square. The hood must support safe ignition, allow for full combustion while effectively capturing emissions, and permit safe reconstruction of subsequent piles.

The hood shall be designed and fabricated as a single welded unit to ensure proper emissions capture and system integrity. Fabrication must be completed prior to testing, no later than August 31, 2026, and must meet the functional requirements and specifications described herein. Offerors are encouraged to include any additional design details, assumptions, or recommendations as part of their proposals.

The Contractor shall also be responsible for transporting the hood and associated ducting to the testing site (anticipated to be located within the Mt. Hood National Forest), performing all necessary setup prior to testing, and completing teardown and https://www.oregon.gov/das/ORBuys/Pages/Index.aspx http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html delivery of the equipment to a DEQ-designated storage location within the Portland metropolitan area following testing.

A detailed Scope of Work is provided in Attachment A.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following requirements:

a. Registered as an Oregon business with the Oregon Secretary of State.

b. Accredited in ASTM Standard D-7036 (Standard Practice for Competence of Air Emission Testing Bodies).

c. Offeror demonstrates proficiency in the type of fabrication included in Attachment A – Scope of Work.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. 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. 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.

3.2.2 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 the 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.

https://oregonbuys.gov/bso

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:

• Be submitted in OregonBuys on the Bid Solicitation Q&A

• 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 the 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.

3.3.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in Section 3.4. Detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.

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

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

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.

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

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.

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.

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Sections 3.4.1 – 3.4.6 below):

• Project Plan – Attached by Offeror (REQUIRED)

• Disclosure Exemption Affidavit – Attachment B (OPTIONAL)

• Offeror Information and Certification Sheet – Attachment C (REQUIRED)

• Reference Check Form – Attachment D (REQUIRED)

• Costs – Attached by Offeror (REQUIRED)

• COBID Certification / Outreach Plan – Attachment E (REQUIRED)

• Responsibility Inquiry – Attachment F (REQUIRED)

3.4.1 Project Plan – Attached by Offeror (REQUIRED)

In a separate attachment labeled “Project Plan”, Proposer shall describe how they will accomplish the activities described in Attachment A – Scope of Work.

3.4.2 Disclosure Exemption Affidavit – Attachment B (OPTIONAL)

The Offeror shall complete and submit the Disclosure Exemption Affidavit.

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.

3.4.3 Offeror Information and Certification Sheet – Attachment C (REQUIRED)

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

3.4.4 Reference Check Form – Attachment D (REQUIRED)

Proposer shall provide three (3) references from current or former clients for similar projects performed for Government Agencies or other public sector entities within the five

(5) consecutive years immediately preceding Proposal submission. References must be able to verify the quality of the Proposer’s previous related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references.

Reference forms shall be completed by the reference and submitted with Proposal.

3.4.5 Costs - (REQUIRED)

In a separate attachment labeled “Costs”, Offeror shall:

• Identify costs for design of the emission hood.

• Identify costs for the fabrication of the emission hood.

• Identify costs for the transportation of the emission hood.

• Identify hourly rates for key employees for any additional labor costs.

• Identify total costs and total project costs.

3.4.6 COBID Certification / Outreach Plan – Attachment E (REQUIRED)

Offeror shall complete and submit the COBID Certification / Outreach Plan (Attachment E).

3.4.7 Responsibility Inquiry – Attachment F (REQUIRED)

Offeror shall complete and submit the Responsibility Inquiry (Attachment F).

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 Minimum Requirements section and offer Content Requirements section. 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 Offeror non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

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 the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this Section 3.5.2 up to the maximum points available as specified in section 3.9 (Point and Score Calculations).

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.

3.5.2.1 Evaluation Item 1: Project Plan (40 Possible Points)

• How well does the Project Plan describe all appropriate elements of the Project?

• Does the offer include a description of how consultation with the testing company may occur regarding fabrication of the hood?

3.5.2.2 Evaluation Item 2: References (30 Possible Points)

Each question will be scored on a scale of 0 to 5 points, with 5 being the highest possible score. The scores from the three (3) references will be averaged to calculate a final score, for a total possible score of 30 points.

General scoring framework:

• 5 – Excellent: Response demonstrates exceptional performance with no meaningful concerns.

• 4 – Good: Response demonstrates strong performance with only minor concerns.

• 3 – Satisfactory: Response demonstrates acceptable performance that generally met expectations.

• 2 – Marginal: Response demonstrates below-average performance with notable concerns.

• 1 – Poor: Response demonstrates significant performance issues.

• 0 – Unacceptable/No Useful Information: Reference unable to provide meaningful information or response indicates unacceptable performance.

Questions:

1. How would you rate the quality, accuracy, and workmanship of the final fabricated product delivered by the Contractor?

2. How effectively did the Contractor translate your project requirements, drawings, or specifications into the final fabricated product? Please describe any issues or successes.

3. How would you rate the Contractor’s ability to meet project deadlines, production schedules, and delivery commitments?

4. Please describe the Proposer’s communication and coordination throughout the project, including responsiveness, updates, and ability to work with your team or stakeholders.

5. If challenges, design changes, or fabrication issues arose during the project, how effectively did the Proposer address and resolve them?

6. Based on your overall experience, would you work with this Proposer again for a similar fabrication project? Please explain why or why not.

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

3.8.1 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

Points possible are as follows:

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE

3.5.2.1 Project Plan 40

3.5.2.1 Refences 30

3.12 COST POINTS POSSIBLE 30

The SPC will average the total points possible for each evaluation criterion. Price points are calculated as stated in Section 3.5.2.

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.

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

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 H) 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 http://www.irs.gov/pub/irs-pdf/fw9.pdf 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 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

Agency is willing to negotiate ONLY the Statement of Work.

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency, at its discretion, 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 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 http://www.filinginoregon.com/index.htm https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov 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.

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)

5.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

http://www.oregon.gov/DAS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SCOPE OF WORK

ATTACHMENT A1 DIAGRAMS AND NOTES

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G SAMPLE CONTRACT