S 63500 00018165 ITB Large Wood Harvest Staging Anthony Creek_final.pdf

ITB S-63500-00018165 – Large Wood Harvest and Staging - Anthony Creek

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STATE OF OREGON

COVER PAGE

Oregon Department of Fish and Wildlife

Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number S-63500-00018165 for

LARGE WOOD HARVEST AND STAGING - ANTHONY CREEK

Date of Issue: 10/21/2026

Bid Opening Date and Time (Bid Due Date): 11/16/2026, Time 03:00 PM

Single Point of Contact (SPC): Marcus Jones

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID SITE TOUR (Mandatory)

2.4 OREGONBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 ADDENDUM ................................................................................................................. Error! Bookmark not defined.

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 Reserved ....................................................................................................................... Error! Bookmark not defined.

4.5 REFERENCES

4.6 Reserved ..................................................................................................................... Error! Bookmark not defined.

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 PAY EQUITY ................................................................................................................... Error! Bookmark not defined.

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

7.6 RECYCLED PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

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)

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Invitation to Bid (ITB) to establish a Contract for Services.

The Oregon Department of Fish and Wildlife’s, Elkhorn Wildlife Area (EWA), was established in 1971 to minimize conflicts with private land and agricultural crops by providing winter feeding sites for elk and mule deer in the Baker valley. The area includes 8,836 acres that vary from timbered uplands and sagebrush rangelands to irrigated pasture and riparian bottomlands.

The natural resources in the EWA are managed in such a manner as to protect, maintain, enhance, and restore fish and wildlife habitat to support optimum population levels of all species for the enjoyment of present and future citizens. To protect these natural resources, management programs and strategies utilized on the EWA will meet or exceed habitat protection policies and standards set by the Oregon Department of Fish and Wildlife.

The uplift project for Anthony Creek will restore approximately 1.5 miles of Anthony Cr floodplain through the creation of instream structures and reactivating historic channel scrolls and other side channel features. This project will assist ODFW accomplish the goals and objectives of the Elkhorn Wildlife Area by developing habitats that attract and hold winter ungulates while it also protects and enhances habitat for sensitive species including fish and wildlife of conservation concern.

The purpose of this Contract is to hire a Contractor for the harvest and staging of woody materials used to construct the project’s engineered habitat features. Woody material including Large Wood Material (LWM) and slash will be harvested from adjacent or nearby forest stands withing EWA (See Exhibit G).

The Contractor will sort and stage materials based at six (6) different areas within the project area in preparation for field work..

This project is funded by United States Fish and Wildlife Services (USFWS) and is subject to Federal Terms and Conditions. See Attachment A, Sample Contract.

The project area is on lands managed by ODFW. The Potential Contractor shall coordinate with Agency Contract Administrator regarding field dates and provide one-week notice prior to conducting fieldwork.

Fieldwork activities during fall big game hunting seasons will be limited.

Entry during the winter closure December 1 – April 10, will be allowed as needed, but must be approved by Agency Contract Administrator prior to entry.

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All field work will be completed by June 30, 2027.

This work is not subject to prevailing wage rates.

To receive an award, Bidder must be registered in OregonBuys. See section 5.4.1.

1.2 SCOPE OF WORK

The purpose of this Contract is to secure a Contractor to complete two (2) preparatory tasks for an upcoming project.

This phase of the Anthony Creek uplift project is prep work for a future project on Anthony Creek that will restore approximately 1.5 miles of Anthony Creek floodplain through a future project where the creation of instream structures will reactivate historic channel scrolls and other side channel features. This project will assist ODFW to accomplish the goals and objectives of the Elkhorn Wildlife Area by developing habitats that attract and hold winter ungulates while it also protects and enhances habitat for sensitive species including fish and wildlife of conservation concern.

1. Harvest, transport and stage Large Woody Material (LWM)

2. Harvest, transport and stage 1850 Cubic yards of Conifer Slash Material

Woody material and slash hire a contractor to harvest, sort, transport, and stage Large Wood Material (LWM) and Slash woody materials from forest stands adjacent to and within the wildlife area. The woody material will be staged at six (6) work areas within the project area in preparation for future field work. (See Sample

Contract, Exhibit G. Staging Area Map). Available trees for harvest are adjacent to the project area, but only limited skidding will be allowed.

General Stipulation:

Rights of Entry. The project area is on lands managed by ODFW. The Contractor will coordinate with Agency regarding field dates and provide one-week notice prior to conducting fieldwork.

TASKS:

Contractor will harvest, transport and stage large woody materials and slash to be used in the engineered features for completing the Uplifting Anthony Creek project.

Task 1.: Large Woody Material – Collect and/or Harvest, Transport and Stage LWM Contractor will work with ODFW Elkhorn staff and ODF Forester to harvest and stage per Exhibit H, selected trees from adjacent or nearby forest stands and unanchored LWM within EWA that fit the criteria in Table 1, (see Exhibit H).

Large Woody material will include:

• 24 trees with a diameter of 18” – 24” DBH, 30-40 feet in length with root ball attached

• 12 trees with a diameter of 18” – 24” DBH, 30-40 feet in length with root ball attached

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• 12 trees with a diameter of 18” – 24” DBH, 30-40 feet in length with root ball attached

• An additional 5 trees may be added at ODFW’s determination.

• 70 trees used for racking material shall be 4”-12” DBH, 15-20 feet in length, root ball optional, limbs are necessary.

• An additional 7 trees may be added at ODFW’s determination.

Unanchored Large Woody material will include:

• 36 trees length and diameter shall be determined by Table 1, root ball not necessary

• An additional 4 trees may be added at ODFW’s determination.

CONTRACTOR WILL:

1.1 Provide own equipment and workers.

1.2 Provide one (1) week notification of field dates to primary contacts prior to fieldwork. Field activities during fall big game hunting seasons will be limited (Oct 28 - Nov. 1, Nov. 7-15, 2026).

Task 2.: Slash Material - Harvest, transport and stage 1850 Cubic yards of slash

Contractor will work with ODFW Elkhorn staff and ODF Forester to harvest and stage per Exhibit H, selected trees from adjacent or nearby forest stands withing EWA that fit the criteria for Slash Material in Table 1 (See Exhibit H).

Provide Bid Alternative for each Option on a cubic yard basis:

• Option A: Haul and stage slash from the Pilcher Cr. timber sale.

• Option B: Haul and stage slash by providing personnel and equipment to source required materials by cutting and staging 0-6” DBH conifers from designated slash removal areas within Elkhorn Wildlife Area.

CONTRACTOR WILL:

1. Provide own equipment and workers

2. Sort and stage materials based at six (6) different sites within the project area

(see Exhibit H staging large wood material list).

3. Provide one (1) week notification of field dates to primary contacts prior to fieldwork. Field activities during fall big game hunting seasons will be limited (Oct 28 - Nov. 1, Nov. 7-15, 2026).

4. Transport quantities of selected wood to designated areas (6) (See Exhibit G, Staging Area Map).

5. Document and track loads of slash delivered to each staging location.

ODFW will:

1. Provide access to harvest all requisite materials listed in Task 1 and Task 2.

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2. For Task 1, Track the number and size of trees harvested and staged. ODFW and the ODFW Forester will work with the Contractor to ensure trees meeting the criteria in Table 1 are met by 6/30/27.

3. For Task 2, Upon completion of hauling ODFW will confirm load counts total 1850 CY. If adequate slash material is not available to haul the full 1850 CY ODFW and the project manager will determine highest priority for staging the available volume.

4. Assist with identifying and selecting LWM .

DELIVERABLES AND SCHEDULE:

Task 1 - Contractor shall harvest and stage LWM outlined in Task 1.0 in designated locations by 6/30/27.

Task 2 - Contractor shall harvest, haul and stage 1850 CY of conifer slash in designated locations by 6/30/27.

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)

Mandatory Pre-Bid Site Tours By appointment only, see section 2.3

10/22/26 thru 10/27/26 Or

11/02/26 thru 11/04/26

Questions and Clarifications Due 11/06/2026 @ 3:00 PM PDT

Answers to Questions and Clarifications Due (approximate)

11/10/2026 @ 3:00 PM PDT

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

11/16/2026 @3:00 PM PDT

Opening of Bids 11/16/2026

Notice of Intent to Award (approximate) 11/20/2026

Contract Execution (approximate) 11/30/2026

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.

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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

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 PRE-BID SITE TOURS

Pre-Bid Site Tours are mandatory and will be by appointment only. Site Tours will be allowed:

10/22/26 through 10/27/26 and 11/02/26 through 11/04/26

Site Tours will not be allowed during 10/28/26 – 11/01/26, due to fall big game hunting seasons.

Please contact Dan Marvin, Wildlife Area Manager, to schedule a time to tour the job site.

Office: (541) 898-2826 Cell: (541) 620-0490.

Potential Bidders must tour the site to be eligible to bid on this opportunity.

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 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.

https://oregonbuys.gov/

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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 OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number ;

• Identify Bidders’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 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 Opening. Agency is not responsible for sending Addendum to any prospective Bidder.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

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

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

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.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB mailto:support.oregonbuys@oregon.gov https://oregonbuys.gov/

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 10 of 15 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

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.

• 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) be publicly opened and the names of all Bidders will (not be) 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.

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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 REFERENCES

Bidder must provide 3 references from similar projects performed for any clients within the last 5 years. Information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.3.5 RESERVED

3.3.6 KEY PERSONS (RESERVED)

3.3.7 BID REQUIREMENTS

Bidder must provide all information required in the Bid Submittal Form, Attachment D, of this ITB.

Instructions for Completing the Bidder Form

Bidders can bid on one Bid Item, or all Bid Items.

Bid Item 1 – if bidding on item 1 fill in total bid amount for large wood material

Bid Item 2 – if bidding on item 2, both option A and B must be filled in, or your bid will be rejected.

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Slash (Bid Item 2)

• Option A must be bid first.

• Option B is a required contingency bid used only if the Pilcher Creek timber sale does not occur (such as due to snowfall).

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 RESERVED

4.5 REFERENCES

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

4.6 RESERVED

4.7 PREFERENCES

Agency prefers Oregon Small Business Enterprises (OSBEs), as describes in OAR 125-246-0230.

For evaluation purposes, Agency will apply an OSBE preference by increasing the score or point total of any Offer submitted by an OSBE by 10 %.

4.7.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, DAS Procurement Services, Version 1.0 – February 20, 2019 Page 13 of 15

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 AWARDS

Agency reserves the right to make multiple awards. See OAR 125-247-0600(4)(c).

This ITB could result in one or multiple awards.

Potential Bidders may be awarded Bid Item 1, Bid Item 2, or all Bid Items.

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.

https://www.naspo.org/reciprocity1

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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 REGISTRATION IN OREGONBUYS

Prior to award, and to receive an award, Bidder must be registered in OregonBuys.

5.4.2 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.

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.

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

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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.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

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

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

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

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

7.6 RECYCLED PRODUCTS

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