TDSS ITB MDI White River Wildlife Management Unit .pdf

ITB -S63500-00006348 – MULE DEER INITIATIVE- NATIVE SHRUBS & FORBS GROW

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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 S63500-00006348 for

MULE DEER INITIATIVE- NATIVE SHRUBS & FORBS GROW

Date of Issue: 05/19/2023

Bid Opening Date and Time (Bid Due Date): 06/02/2023 2:00 PM

Single Point of Contact (SPC): Marcus Jones, Contracts Specialist 1

Address: 4034 Fairview Industrial Dr. SE City, State, Zip: Salem, Oregon 97302 Phone (voice): 503-947-6137 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 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 (RESERVED)

2.3 OregonBuys

2.4 QUESTIONS AND CLARIFICATIONS

2.5 PROTESTS OF ITB (RESERVED)

2.6 ADDENDUM

2.7 PROTEST OF ADDENDUM (RESERVED)

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 REFERENCES

4.6 PREFERENCES (RESERVED)

4.7 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST (RESERVED)

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 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

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM/SHRUBS AND FORBS SPECIES AND QUANTITY LIST

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G - MAP

ATTACHMENT H- PAYMENT BOND FORM

ATTACHMENT I- PERFORMANCE BOND FORM

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“Agency” or “ODFW”), is issuing this Invitation to Bid (ITB) to establish a Contract for improving Mule deer populations by improving or maintaining forage quality and quantity on both summer and winter range within the White River Wildlife Management Unit. ODFW anticipates awarding one

(1) contract for this ITB.

1.2 SPECIFICATIONS

I. PROJECT TITLE: Mule Deer Initiative- Native Shrub & Forbs Grow

II. BACKGROUND or GENERAL INFORMATION and Purpose:

The Oregon Mule Deer Initiative (MDI) was adopted in 2009 with the goal of improving mule deer populations. The White River Wildlife Management Unit (WMU) received MDI to improve or maintain forage quality and quantity on both summer and winter range within the White River WMU. The White River WMU has seen a decline in population, reducing by about 50% in the last 6 years. One of the main contributing factors to this decline is hypothesized to be a decrease in the forage quality and quantity available for deer on both summer and winter range.

Many partners, such as the Mt. Hood National Forest Service, Natural Resources Conservation Service, Farm Service Agency, Oregon Department of Forestry, and private landowners are completing forest health and rangeland enhancement related work to thin overstocked stands, respond to wildfire restoration, and improve understory, grassland, and shrub steppe conditions by treating annual invasive grasses, and in the case of the National Forest, completing prescribed burns. Because of this work, there are many areas that are prepped for understory or range enhancement through direct plantings.

One of the limiting factors when looking to purchase and plant shrubs and forbs that are of high forage quality to deer is that there are not many locally sourced materials available, and the desired species is limited. This contract request therefore addresses the need for locally sourced shrubs and forbs to be collected and grown-out for planting in fall of 2024. The collection of seed will need to be coordinated with ODFW (Mid-Columbia or White River Wildlife Area) staff and Mt. Hood National Forest (NF) Barlow Ranger District staff (eastside of Mt. Hood NF), as ODFW and the U.S.

Forest Services (USFS) are partnering to plant the majority of the forbs on the Barlow Ranger District of the Mt. Hood NF; seeds for each indicated species need to be collected on the Forest (locations identified and provided), and the grow-out facilities need to adhere to Exhibit I: USFS Standards Seed Collections and Grow-Out with Noxious Weeds list of Attachment A.

III. PROJECT DESCRIPTION, DESCRIPTION OF WORK and TASKS:

Project Description or Description of Work.

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Contractor will collect seed from local sources in Wasco (ideally), Sherman, or other approved counties for requested species. Forbs that will be planted on USFS lands will need to be collected on the Mt. Hood National Forest at locations specified by eastside Mt. Hood Forest Service Botanist.

Species collected will be grown for delivery in the fall of 2024. Total number of plants requested to be grown is 7,000: 3,500 shrubs and 3,500 forbs (see attachment D for list and approximate numbers of each species). Shrubs and forbs can be provided in plugs (40 cubic inch or greater) or square band pots 2”x2”x5” or 3”x3”x9”, whichever option will provide the strongest plant per species (example, one species may be suited to a 2”x2”x5” pot, whereas another species would be better in a 3”x3”x9” pot).

Actual species and quantiles will be adjusted with winning Offeror during contract negations.

Please see Attachment D for estimated numbers of each species to be grown through the contracted period.

TASKS:

Contractor will:

1. Communicate with ODFW about which species on the requested species list are reasonable options for a collection/grow-out operation, and work with ODFW to adjust requested numbers of each species based on contractor experience and knowledge of success. See Exhibit I: Seed Collections and Grow-Out with Noxious Weeds list of Attachment A for seed details.

2. Provide topographic map and collection GPS coordinates of location sites for all species prior to collection for at least 3 collection locations ¼ mile or more apart must be identified for each species. Seed must be from the east side of Mount Hood National Forest, Wasco County and other areas approved by ODFW staff. (Use Exhibit J: Potential Seed Collection Areas

3. Collect local seed of desired species. Clean and prepare collected seed for grow-out operations. . See Exhibit I: FS seed collection standards and Exhibit L: Native Species Collection Record for details.

4. Prepare collected seed for growing into plugs or potted plants in grow-out facilities that adhere to USFS standards. See Exhibit I: FS seed collection standards for details.

5. Grow requested species for final “delivery” of plugs or potted plants in the fall of 2024.

6. Notify ODFW if certain species are not ready for pick-up by 2024 and continue to care for/grow the species in question until ready for planting. Also note: if plants are grown in either a greenhouse or an area with different temperatures/environmental conditions than the local area (Wasco County), plants must be properly hardened before ODFW will pick up materials. Discuss with ODFW to determine if necessary.

7. Provide all collection materials, equipment, etc.

8. Coordinate collection sites with ODFW and/or Mount Hood National Forest botanist. Shrubs and forbs will be picked up at grow-out location or other agreed upon location.

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ODFW will:

1. Communicate with contractor about which species on the requested species list are reasonable options for a collection/grow-out operation, and work with contractor to adjust requested numbers of each species based on contractor experience and knowledge of success.

2. Coordinate collection locations with the contractor and/or Botanist from the eastside Mt. Hood National Forest and review collection site information provided by contractor.

3. Provide information regarding the USFS standards for collecting and growing species that will be planted on National Forest lands (for this contract, primarily the forbs). See Exhibit I: USFS Standards Seed Collections and Grow- Out with Noxious Weeds list Attachment A.

4. Coordinate the pick-up of shrubs and forbs in the fall of 2024 when they are ready for planting.

IV. DELIVERABLES AND SCHEDULE

Contractor will deliver 7,000 plants (est. 3,500 shrubs and 3,500 forbs) grown from seeds collected east of Mount Hood National Forest, in Wasco County and other areas approved by Agency’s Project Manager by mid-November 2024. (See Exhibit D: Bid Submittal Form for list of requested species.)

Project schedule:

April-May 2023: ODFW and Contractor agree on species and amount to include in collection/grow-out project.

May- June 2023: Contractor will provide a map and GPS coordinates on Exhibit J: Potential Seed Collection Areas f at least 3 collection sites ¼ mile or more apart for all species. (Deliverable 1)

May-Fall 2023: Contractor will collect seeds of agreed upon species when timing is correct for proper collection, preparation, and grow-out. Contractor will maintain records of dates and locations of collection for each batch of seeds in the format shown in Exhibit L: Native Species Collection Record to. Contractor will send seeds of each species to a certified seed laboratory to verify correct species was collected, especially important for forb species. Seeds will remain with the Contractor for growing. (Deliverable 2)

Fall 2023-Fall 2024: Contractor to prepare and grow agreed upon species.

Mid October-Mid November 2024: Contractor will properly acclimate plants if necessary.

Mid November 2024: ODFW will pick up shrubs and forbs that are ready for planting. If some species are not ready for planting, that will be discussed and an alternative pick- up time will be determined. (Deliverable 3)

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V. PAYMENT METHOLODOGY

Payment will be made as follows:

1. 30% of the awarded amount will be paid to the contractor after the contractor provides a map and GPS coordinates to 3 potential collection locations for all species, and approximate collection time (Deliverable 1).

2. 30% of the awarded amount will be paid to the contractor after the contractor completes seed collection in Fall 2023 and verification from a certified seed laboratory that seeds were collected from the correct species (Deliverable 2).

3. The remaining 40% of the awarded amount will be paid to the contractor after ODFW takes possession of shrubs and forbs, by mid-November 2024 (Deliverable 3). If there are some plants that the Contractor recommends allowing to grow another year before planting, the Contractor will be paid for the remaining contract amount, less the cost per plant remaining at the grow-out location. Final payment will then be made after remaining plants are picked up.

VI. DELIVERABLE REVIEW & ACCEPTANCE PROCESS

Deliverable 1: Collection location information and map.

Acceptance: ODFW and/or Mt. Hood National Forest Botanist will review collection location information and field verify that locations are appropriate.

Deliverable 2: Seeds.

Acceptance: ODFW will inspect collection records and certified seed laboratory results on site at Contractor business location to verify correct species were collected and locations were approved.

ODFW will leave seeds with Contractor after inspection to enable Contractor to grow out the seeds.

Deliverable 3: Shrubs and forbs.

Acceptance: ODFW will inspect all the shrubs and forbs and take delivery of only healthy live plants. If some species do not perform as well as expected (number of plants less than planned), or if some species require more time to grow before planting, ODFW will work with the Contractor to substitute mature species and amounts to work with what species grew successfully. Numbers of individual species are flexible, with the goal of receiving 7,000 healthy shrubs and forbs of the requested/approved species.

If Contractor is unable to provide at least 60% of requested plants, ODFW will be reimbursed for plants not received (as 60% of contract amount is intended to be provided through Deliverable 1 and 2).

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).

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EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due 5/24/23 10:00 AM Answers to Questions and Clarifications Due

(approximate)

5/25/23 10:00 AM

Closing (Due Date and time to submit Bids) 6/2/23 2:00 PM Opening of Bids 6/2/23 2:05 PM

OregonBuys Notice of Intent to Award (approximate)

6/17/23

Contract Execution (approximate) 6/30/23

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 SINGLE POINT OF CONTACT

All questions, requests for clarification, 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 conducting this ITB pursuant to OAR 125-246-0170(3). Agency is using the Intermediate Bidding method, pursuant to ORS 279B.070 and OAR 125-247-0270. No protests are allowed.

2.2 (RESERVED)

2.3 (RESERVED)

This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 9 of 16 https://oregonbuys.gov/bso/view/login/login.xhtml. ITB documents will not be mailed. Parties without access to OregonBuys may download copies at Agency at the location identified on the cover page of this ITB.

2.3.1 ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS, AND

EXHIBITS

If an exhibit, attachment, or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the ITB will include instructions on how to obtain these documents.

2.3.2 OREGONBUYS ASSISTANCE

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1-855-800-5046 or by email support.oregonbuys@das.oregon.gov

2.3.3 OREGONBUYS REGISTRATION INFORMATION

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

Agency accepts no responsibility for missing or incorrect information.

2.4 QUESTIONS AND CLARIFICATIONS

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

• Be submitted in writing to the SPC identified on the cover page of this ITB (mail, in person or email are acceptable).

• Reference the ITB #S-63500-00006348 Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

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

Questions by telephone are not accepted.

Agency will respond to questions and requests for clarifications through OregonBuys. In its sole discretion, Agency may change this ITB by written Addendum and post to OregonBuys.

Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

2.5 RESERVED

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 Closing. Agency is not responsible for sending Addendum to any prospective Bidder.

https://oregonbuys.gov/bso/view/login/login.xhtml

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2.7 RESERVED

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers until final delivery.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder shall submit its Bid hard copy or via email. 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 artwork, 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.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery. Bids submitted by facsimile (fax) will be rejected.

DELIVERY THROUGH OREGONBUYS

Bid submission should be electronically through OregonBuys at OregonBuys.gov

ALTERNATIVE DELIVERY OPTIONS THROUGH MAIL, EMAIL OR PARCEL CARRIER

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

MAIL:

Mule Deer Initiative -White River Native Shrub & Forb Collection and Grow Contract

S-63500-00006348

OREGON DEPARTMENT OF FISH AND WILDLIFE

Marcus Jones/Contract Services

4034 Fairview Industrial Dr. SE

Salem OR 97302

EMAIL:

Email address: ODFW.Bids@odfw.oregon.gov

When e-mailing in bids, Proposers must address the Subject line as follows:

Subject: BID FOR S-63500-00006348 mailto:ODFW.Bids@odfw.oregon.gov

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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 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature, and all required documents must be submitted on or before Closing (date and time). Envelopes, packages, or boxes must be marked in accordance with Section 3.2.4.

3.2.4 ENVELOPE, PACKAGE OR BOX LABEL

The Bid shall be submitted in a sealed envelope, package, or box bearing the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

3.2.5 BID MODIFICATION

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

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

3.2.6 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.7 LATE BIDS

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

3.2.8 OPENING OF BIDS

Bids will not be publicly opened, and the names of all Bidders will be read by Agency at the

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3.3 BID REQUIREMENTS (PASS/FAIL)

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

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

3.3.1 CLOSING

Bids must be submitted by Closing 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

• Attachment G - Collection Area Map

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 (RESERVED)

3.3.7 BID REQUIREMENTS

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

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SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing 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/Price Agreements, Agency shall award the Contract/Price Agreement to the Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in the ITB.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

Bidder must have been in business for minimum of 5 years.

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.

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

4.6 PREFERENCES (RESERVED)

4.7 METHOD OF AWARD

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

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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 Oregon.

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.

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 INTENT TO AWARD PROTEST (RESERVED)

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by [ORS 279B.235 or ORS 279C.520], Contractor shall comply with ORS 652.220 and https://www.naspo.org/reciprocity1 https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 15 of 16 shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 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.

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

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 Closing 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 Closing 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.