S-63500-00013909 ITB~1.pdf

ITB S-63500-00013909– Alfalfa Hay for Elkhorn Wildlife Area

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 1 of 34

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF FISH AND WILDLIFE

Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number S-63500-00013909 for

ALFALFA HAY FOR ELKHORN WILDLIFE AREA

Date of Issue: 08/7/2025

Bid Opening Date and Time (Bid Due Date): 08/28/2025, Time 03:00 PM

Single Point of Contact (SPC): [Marcus Jones, PCS 2

Address: 4034 Fairview Industrial Dr. SE City, State, Zip: Salem, Oregon 97302 Phone (voice): (971) 707-8151 E-mail: Marcus.Jones@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:Marcus.Jones@odfw.oregon.gov

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 2 of 34

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 RESERVED

1.6 rESERVED

1.7 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 RESERVED

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 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 reserved

4.6 reserved

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY

5.3 NONDISCRIMINATION IN EMPLOYMENT

5.4 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION (reserved)

7.6 RECYCLED PRODUCTS

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 3 of 34

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT (PURCHASE ORDER) WITH FEDERAL TERMS

AND CONDITIONS

ATTACHMENT B – BID COVER SHEET (must be returned with Bid) ATTACHMENT C – REFERENCE CHECK FORM (must be returned with Bid) ATTACHMENT D – BID SUBMITTAL FORM (must be returned with Bid) ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN (must be returned with Bid) ATTACHMENT F – RESPONSIBILITY INQUIRY (must be returned with Bid)

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 4 of 34

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish one or more Contracts for 2025, quality, weed free Alfalfa Hay. ODFW prefers Second Crop Alfalfa but will be accepting alternate pricing for First and Third Crop Alfalfa. Hay is for feeding winter Elk in Baker and Union Counties and will be distributed from ten feeding sites in both counties.

ORS 496.146(9) authorizes the State Fish and Wildlife Commission (“Commission”) to establish and develop wildlife management and refuge areas. ORS 496.146(11) authorizes the Commission to enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects. Acting under the Commission’s direction and in accordance with OAR 635-300-0001 through 635-300-0015, ODFW develops and maintains the Elkhorn Wildlife Area Program.

The goals and objectives of the Elkhorn Wildlife Area Program are:

(1) To mitigate the loss of traditional big game winter range areas along the north, west and south portions of the Powder River Valley through habitat management and supplemental feeding program.

(2) To provide supplemental and subsistence feed for wintering elk and deer to alleviate damage to private lands.

(3) To provide habitat for big game animals and the other wildlife indigenous to the area.

(4) To provide hunting and other wildlife-oriented recreation opportunities for the general public.

To meet the requirements of the Elkhorn Wildlife Area Program described above, the Agency needs to procure large amounts of feed.

This purchase is funded with 100% Federal funds. Contract(s) resulting from this ITB incorporate the terms and conditions set forth in the ITB, including without limitation the federal contract provisions for non- federal entity contracts under federal awards set forth in Attachment A.

Due to the large quantity of Alfalfa Hay being purchased, ODFW reserves the right to make multiple awards. Alfalfa Hay shall be available for pick up or be delivered on or before September 15, 2025.

1.2 SCOPE OF WORK/SPECIFICATIONS

Alfalfa hay shall be the current year, quality, weed free (not certified), second crop or better cutting, in 3 x 4 bales, no bales measuring 8’6” in length and weighing up to 2000 pounds. If supply is not available, ODFW is accepting alternate pricing on first and third cutting alfalfa.

Alfalfa must be in stacks at Bidder’s site.

ODFW is requesting bids on an expected total of 1000 tons:

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 5 of 34

1000 tons – current year, second crop or better, weed free (not certified), 3 x 4 bales Bids will be accepted for alfalfa in fifty (50) ton lots. Single or multiple lots may be bid and purchased from a single successful Bidder.

After the Bid Closing Date, Bidders will be contacted, and hay being offered will be inspected by ODFW staff. Bid(s) will be awarded after hay is inspected. Alfalfa will be ranked based on the following criteria:

• No Rain after cutting

• Bale moisture content less than 16%, measured in the stack

• Weed free (not certified)

• Less than 5% grass, Hay with more than 5% grass will be rejected

• Minimum 40/60 leaf to stem ratio; prefer 60/40 leaf to stem ratio

If additional alfalfa is needed and 3 x 4 bales are not available, 4 x 4 bales may be purchased. ODFW may consider first and third cutting alfalfa if needed.

Bids will only be accepted from bidders growing the hay within 150-miles the Elkhorn Wildlife Area Bids received with pick up locations within thirty (30) miles of North Powder, Oregon will be picked up by ODFW, with Bidder loading alfalfa onto ODFW trailer. Bid price will include bale loading.

All bids received from locations further than thirty (30) miles from North Powder, Oregon shall include delivery FOB North Powder, Oregon. FOB Bids shall include any “Freight Added” charges in the per ton bid price. Deliveries shall be coordinated with staff at the Elkhorn Wildlife Area and be delivered to:

Oregon Department of Fish & Wildlife Elkhorn Wildlife Area 61846 North Powder Lane North Powder, Oregon 97867

Phone (541) 898-2826

These may be federally funded purchases. Attachment A – Sample Contract contains required terms and conditions related to the federal funding.

1.3 SCHEDULE OF EVENTS

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

EVENT DATE TIME (Pacific Time)

Issue Date August 7, 2025 Questions and Clarifications Due August 13, 2025

Answers to Questions and Clarifications Due (approximate)

August 14, 2025

Bid Opening Date (Due Date and time to submit Bids)

See cover page

Opening of Bids August 28, 2025 3:00 PM Notice of Intent to Award (approximate) September 4, 2025

Notice of Award Protest Period Ends September 11,2025 5:00 PM Contract Execution (approximate) September 18,2025

JONES Marcus * ODFW Dan: Ill fill this in after we get everything else drafted

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 6 of 34

Agency operating hours are:

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

1.4 DEFINITION OF TERMS

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 RESERVED

1.6 RESERVED

1.7 SINGLE POINT OF CONTACT

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

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is issuing this ITB pursuant to its authority under OAR 125-246-0170(2) and ORS 496.146(11). Agency has authorization to conduct fish and wildlife management activities under ORS 496.138, consistent with the policy in ORS 496.012.

2.2 PROCUREMENT METHOD

Agency is using the Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125-247- 0270.

2.3 RESERVED

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. ITB documents https://oregonbuys.gov/

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 7 of 34 will not be mailed. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

2.4.1 OREGONBUYS ASSISTANCE

Bidders needing assistance with OREGONBUYS may contact the Helpdesk by telephone at

(855) 800-5046 or email to support.oregonbuys@oregon.gov .

2.4.2 OREGONBUYS REGISTRATION INFORMATION

For Vendor Registration: visit https://OregonBuys.gov

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

Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

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

• Be delivered to the SPC via an email;

• Reference the OregonBuys bid number;

• Identify Bidder’s name and contact information;

• Refer to the specific area of the ITB 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

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. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB #_S-63500-00013909;

• 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 mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 8 of 34 protest is based.

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

Agency 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 Agency.

Protests will be received by the following methods:

• Emailed to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency 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 Opening.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid in any of the following formats: Hard copy to the address on the cover page, vail email to SPC at ODFW.Bids@odfw.oregon.gov, or electronically through OregonBuys.

Hard copy version must use only white 8 1/2” x 11” Recycled Paper (Bidder must use Recycled Paper, to the maximum extent economically feasible), without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Bid. Agency requests Bids be submitted with the edges unbound.

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

mailto:ODFW.Bids@odfw.oregon.gov

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 9 of 34

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements before Bid Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery for any reason. A Bid submitted by any means not authorized below will be rejected. The following delivery options are permitted for this ITB:

3.2.2.1 DELIVERY THROUGH OREGONBUYS

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

3.2.2.1.1 ALTERNATIVE DELIVERY OPTION: DELIVERY THROUGH MAIL, EMAIL

OR PARCEL CARRIER

Bids may be submitted by: Mail, E-Mail, or Fax, and, addressed as follows:

MAIL:

Alfalfa Hay For Elkhorn Wildlife Area OregonBuys # S-63500-00013909

OREGON DEPARTMENT OF FISH AND WILDLIFE

Marcus Jones / Contract Services 4034 Fairview Industrial Drive SE Salem, OR 97302

E-MAIL:

E-Mail Address: ODFW.Bids@odfw.oregon.gov When E-Mailing in bids, Proposers must address the Subject line as follows:

Subject: BID FOR OregonBuys # S-63500-00013909

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

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Bid Opening date and time. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Bid Opening.

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

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.6.

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

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

mailto:ODFW.Bids@odfw.oregon.gov

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 10 of 34

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

3.2.4 BID WITHDRAWAL

If a Bidder wishes to withdraw a submitted Bid, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.2.5 LATE BIDS

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

3.2.6 OPENING OF BIDS

Bids will not be publicly opened, and the names of all Bidders will not be read by Agency at the location identified on the cover page of this ITB.

3.3 BID REQUIREMENTS (PASS/FAIL)

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

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

3.3.1 BID OPENING

Bids must be submitted by Bid Opening Date 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 Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 RESERVED

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS (RESERVED)

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 11 of 34

3.3.6 RESERVED

3.3.7 BID REQUIREMENTS

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

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

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

4.2 RESPONSIBILITY DETERMINATION

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

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section. If the ITB authorizes the award of multiple Contracts, Agency shall award the Contract to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

• No rain after cutting •Bale moisture content less than 16%, measured in the stack

• Weed free (not certified)

• Less than 5% grass, Hay with more than 5% grass will be rejected

• Minimum 40/60 leaf to stem ratio; prefer 60/40 leaf to stem ratio

• No bales measuring over 8’6” in length

4.5 RESERVED

4.6 RESERVED

4.7 PREFERENCES

Pursuant to OAR 137-046-0300, ODFW shall give preference to goods or services that have been

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 12 of 34 manufactured or produced in this state if price, fitness, availability and quality are otherwise equal.

For bid calculation purposes per OAR 137-046-0310, ODFW shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.7.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.7.2 RECIPROCAL PREFERENCE

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

4.7.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency 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.

4.7.4 PUBLIC PRINTING

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

4.7.5 TIEBREAKERS

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

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

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

4.8.2 MULTIPLE ITEMS

If additional alfalfa is needed and 3 x 4 bales are not available, 4 x 4 bales may be purchased. ODFW may consider first and third cutting alfalfa if needed. Alfalfa will be ranked based on the following criteria:

• No Rain after cutting https://www.naspo.org/reciprocity1

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 13 of 34

• Bale moisture content less than 16%, measured in the stack

• Weed free (not certified)

• Less than 5% grass, Hay with more than 5% grass will be rejected

• No bales measuring over 8’6” in length

4.8.3 MULTIPLE AWARDS

ODFW reserves the right to award a Contract to multiple Bidders if the Successful Bidder does not have adequate inventory to fulfill the quantity and type of Alfalfa hay ODFW is requesting.

ODFW will inspect and rank hay based on quality as stated in Section 1.2. ODFW will award to the lowest priced Bidder with Alfalfa hay meeting the specifications. In the event two Bids come in at identical price, ODFW will award to the Bidder with Alfalfa hay that ranked higher in quality specification. See Section 4.3.4 for tiebreakers if price and quality are equal.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

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

5.2 PAY EQUITY

If selected for award and the Contract value exceeds $500,000 and Bidder employs 50 or more full-time workers, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services.

For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.3 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 that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 OTHER REQUIRED INFORMATION

5.4.1 INSURANCE

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

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

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 14 of 34

SECTION 6: CONTRACT EXECUTION

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

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

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

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

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Bid 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, Agency 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. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Bid Opening identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 15 of 34

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION (RESERVED)

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)

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 16 of 34

ATTACHMENT A -SAMPLE CONTRACT

P Fiscal Year

Delivery Date: of Phone: Agency Ship To Address: ODFW

Fax:

BILL TO:

ITEM # QUANTITY UNIT UNIT PRICE

GRAND

TOTAL

Phone #:

Date:

Phone #:

Date:

ITEM # INDEX PCA OBJ. CODE AMOUNT GRANT PH

STATE OF OREGON PO No. PO Date:

PURCHASE ORDER

DESCRIPTION

Contractor FEIN

Page No.FOB:

Vendor/Contractor:

Destination

Specific Site:

Street Address:

City/State/Zip:

4034 Fairview Industrial Drive SE, Salem, OR 97302 Oregon Department of Fish & Wildlife, Accounts Payable

Page 1 Sub-Total

TOTAL PRICE

0.00

Continuation Page Sub Total

$0.00

COST DIST. GRAND TOTAL

$0.00

COST DISTRIBUTION TOTALS

PAGE 1 Sub-Total

$0.00

SHIPPING

Date:

RECEIVED BY:

Signature:

0.00

$0.00

DATE RECEIVED:

PROJECTDESCRIPTION

SPECIAL INSTRUCTIONS:

ORDERED BY: (Print)

CONTINUATION PAGE Sub-Total

COST DISTRIBUTION (Page 1)

Signature:

AUTHORIZED AGENT:

APPROVED BY:(Print) Signature:

THE TERMS AND CONDITIONS CONTAINED IN THE PRICE AGREEMENT (or) PARTICIPATING ADDENDUM APPLY TO THIS PURCHASE AND TAKE PRECEDENCE OVER ALL OTHER CONFLICTING TERMS AND CONDITIONS, EXPRESS OR IMPLIED.

OR THIS PURCHASE ORDER IS PLACED AGAINST STATE OF OREGON PRICE AGREEMENT

(or) PARTICIPATING ADDENDUM #

THIS PURCHASE ORDER AND THE TERMS AND CONDITIONS ON PAGE 2 CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN.

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 17 of 34

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 18 of 34

FEDERAL TERMS AND CONDITIONS

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Without limiting the general requirement of Article 18 (Compliance of state and federal law) of this Agreement, Contractor is responsible to comply with the following federal laws, executive orders and regulations, as applicable. All subcontracts or lower-tier contracts entered into by Contractor shall contain the following provisions, requiring the lower-tier contractor to comply with such provisions, to the extent such lower-tier agreements are allowed by ODFW:

Appendix II to Part 200

(A) Simplified Acquisition Threshold. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) Termination of Cause and Convenience. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 19 of 34 or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 20 of 34

Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.323. Procurement of recovered materials.

https://www.ecfr.gov/current/title-2/section-200.323

a. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

b. A non-federal entity should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

(K) See § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment. https://www.ecfr.gov/current/title-2/section-200.216

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain covered telecommunications equipment or services;

(2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of https://www.ecfr.gov/current/title-2/section-200.323 https://www.ecfr.gov/current/title-2/section-200.323 https://www.ecfr.gov/current/title-2/section-200.216 https://www.ecfr.gov/current/title-2/section-200.216 https://www.govinfo.gov/link/plaw/115/public/232

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 21 of 34 the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;

(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained.

(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

(f) For additional information, see section 889 of Public Law 115-232 and § 200.471.

(L) See § 200.322.Domestic preferences for procurements.

https://www.ecfr.gov/current/title-2/section-200.322

(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;

and lumber.

(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

https://www.ecfr.gov/current/title-2/section-200.471 https://www.ecfr.gov/current/title-2/section-200.322 https://www.ecfr.gov/current/title-2/section-200.322 https://www.ecfr.gov/current/title-2/part-184

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 22 of 34

Other Provisions Required by Federal Law:

A. 41 USC §4712 Enhancement of Recipient and Subrecipient Employee Whistleblower Protection:

1. Contracts over the simplified acquisition threshold and all employees working on related subcontracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712.

2. Contractors awarded over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protection under 41 U.S.C. 4712.

3. Contractor shall insert this clause, including paragraph 3 in all subcontracts over the simplified acquisition threshold related to this award.

B. 41 USC §6306 Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to Congress or Resident Commissioner shall be admitted to any share of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.

C. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving:

Contractors are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the Order.

http://www.gpo.gov/fdsys/pkg/USCODE-2012-title41/pdf/USCODE-2012-title41-subtitleI-divsnC-chap47-sec4712.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title41/html/USCODE-2011-title41-subtitleII-chap63-sec6306.htm http://www.whitehouse.gov/the_press_office/Executive-Order-Federal-Leadership-on-Reducing-Text-Messaging-while-Driving/

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 23 of 34

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 305.620 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, Proposer 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. Agency may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer 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 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 24 of 34 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 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 25 of 34

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 different firms who can be contacted regarding the quality of services the Bidder provided within the last five years AND three different firms who can be contacted regarding the quality of service the Key Person provided within the last five years.

Business Reference 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…