Applegate Gravel Augmentation

Applegate Gravel Augmentation This project aims to place 500 cubic yards of gravel in the Applegate River, approximately 0.6 miles downstream of the Applegate Dam. 250 Cubic Yards - 2026 250 Cubic Yards - 2027 OPTIONAL: 500 Cubic Yards - 2026 ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 1 of 15 STATE OF OREGON COVER PAGE ORGON DEPARTMENT OF FISH AND WILDLIFE Is issuing this Invitation To Bid (ITB) under OregonBuys Bid Number S-63500-00015960 for APPLEGATE GRAVEL AUGMENTATION Date of Issue: 02/09/2026 Bid Opening Date and Time (Bid Due Date): 03/23/2026, Time 10:00 AM Single Point of Contact (SPC): Ashley Kallberg Address: 4034 Fairview Industrial Drive SE City, State, Zip: Salem, OR 97302 Phone (voice): 971-372-4431 E-mail: ashley.j.kallberg@odfw.oregon.gov The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 2 of 15 marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status. TABLE OF CONTENTS SECTION 1: GENERAL INFORMATION ........................................................................................................ 4 1.1 SUMMARY OVERVIEW.....................................................................................................................................................................................4 1.2 SCOPE OF WORK .................................................................................................................................................................................................4 1.3 SCHEDULE OF EVENTS ....................................................................................................................................................................................6 1.4 DEFINITION OF TERMS ...................................................................................................................................................................................6 1.5 SINGLE POINT OF CONTACT ........................................................................................................................................................................6 SECTION 2: ITB PROCESS ................................................................................................................................. 7 2.1 PROCUREMENT AUTHORITY ......................................................................................................................................................................7 2.2 PROCUREMENT METHOD .............................................................................................................................................................................7 2.3 PRE-BID CONFERENCE....................................................................................................................................................................................7 2.4 OREGONBuys .........................................................................................................................................................................................................7 2.5 QUESTIONS AND CLARIFICATIONS .........................................................................................................................................................8 2.6 ADDENDUM......................................................................................................................................Error! 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SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS................................................................... 8 3.1 ACCEPTANCE PERIOD......................................................................................................................................................................................8 3.2 BID SUBMISSION REQUIREMENTS (GENERAL) ..............................................................................................................................8 3.3 BID REQUIREMENTS (PASS/FAIL)........................................................................................................................................................ 10 SECTION 4: BID REVIEW METHODOLOGY ............................................................................................... 11 4.1 RESPONSIVENESS DETERMINATION ................................................................................................................................................. 11 4.2 RESPONSIBILITY DETERMINATION .................................................................................................................................................... 11 4.3 COST COMPARISON ........................................................................................................................................................................................ 11 4.4 RESERVED ..........................................................................................................................................Error! Bookmark not defined. 4.5 REFERENCES ...................................................................................................................................................................................................... 11 4.6 RESERVED..........................................................................................................................................Error! Bookmark not defined. 4.7 RESERVED ..........................................................................................................................................Error! Bookmark not defined. 4.8 METHOD OF AWARD ..................................................................................................................................................................................... 12 SECTION 5: INTENT TO AWARD ................................................................................................................... 13 5.1 INTENT TO AWARD NOTIFICATION .................................................................................................................................................... 13 5.2 PAY EQUITY .......................................................................................................................................Error! Bookmark not defined. 5.3 NONDISCRIMINATION IN EMPLOYMENT ........................................................................................................................................ 13 5.4 OTHER REQUIRED INFORMATION ....................................................................................................................................................... 13 SECTION 6: CONTRACTEXECUTION ............................................................................................................ 13 SECTION 7: ADDITIONAL INFORMATION................................................................................................. 13 7.1 GOVERNMENT BODIES ................................................................................................................................................................................ 13 7.2 OWNERSHIP/PERMISSION TO USE MATERIALS ......................................................................................................................... 14 7.3 COST OF BIDDING ............................................................................................................................................................................................ 14 7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES................................................................................................... 14 7.5 RESERVED ............................................................................................................................................................................................................ 14 7.6 RECYCLED PRODUCTS .................................................................................................................................................................................. 14 ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 3 of 15 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) ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 4 of 15 SECTION 1: GENERAL INFORMATION 1.1 SUMMARY OVERVIEW The State of Oregon, acting by and through the Oregon Department of Fish and Wildlife, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Goods and Services. The Applegate Dam was completed by the Army Corps of Engineers in 1980, blocking the upper reaches of the mainstem Applegate River from spawning salmon and steelhead. Dams and reservoirs are known to disrupt fluvial processes including the sedimentation and aggradation of cobbles and gravel, which are necessary for spawning salmon and steelhead. This had led to the loss of spawning gravel available for salmon and steelhead in the mainstem Applegate River. Further, the Applegate River and its tributaries are known to be highly influenced by water withdrawal for irrigation needs, further constraining potential areas for salmon and steelhead to spawn. This project aims to place 500 cubic yards of appropriately sized (1”-8”) gravel in the Applegate River, approximately 0.6 miles downstream of the Applegate Dam. Ideally the gravel be at least an 80% mix of 3”-6” rounded river gravel, though a small portion (<20%) may include some smaller or larger based on availability. The contractor must satisfy two conditions to be compliant with project permits. First, that delivery of the gravel only utilizes a “gravel carriage”, which is a unique logging yarder that moves a gravel via a carriage across the river to avoid unnecessary damage to the riparian area. Second, that only 250 cubic yards be placed each year at the project site. 1.2 SCOPE OF WORK I. PROJECT DESCRIPTION, DESCRIPTION OF WORK and TASKS: Project Description or Description of Work. The selected contractor will source 500 cubic yards of appropriately sized gravel (1”-8”) from a local source and have it delivered to the project site (42.06866, -123.10823). Ideally the gravel will be at least an 80% mix of 3”-6” rounded river gravel, though a small portion (<20%) may include some smaller or larger based on availability. They will place 250 cubic yards in the Applegate River during the 2026 Applegate In-Water Work Period at the project site. The second placement of 250 cubic yards of gravel must occur between June 15 and June 30 of 2027. The contractor must utilize a yarder and cable system with a carriage to move the gravel and avoid riparian impacts. The contractor will further be responsible for safely moving the gravel from its staging area, into the carriage, and placing it in-stream approximately 0.6 miles below the Applegate Dam. TASKS: Contractor will: 1. Source 500 cubic yards of appropriately sized gravel for spawning salmonids (1”-8”) and stage it at project site. Ideally the gravel be at least an 80% mix of 3”- 6” rounded river gravel, though a small portion (<20%) may include some ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 5 of 15 smaller or larger based on availability. The contractor may source all 500 cubic yards in 2026 or 250 cubic yards in both 2026 and 2027 to avoid theft. 2. Place 250 cubic yards in-stream during the 2026 In Water Work Period utilizing a gravel carriage to minimize riparian impacts and meet project permitting requirements. 3. Place 250 cubic yards in stream between June 15 and June 30, 2027, utilizing a gravel carriage to minimize riparian impacts and meet project permitting requirements. 4. Be in charge of site safety and traffic control of potential boaters on the Applegate River. 5. Ensure gravel is spread evenly across the channel width at project location, located at 42.06872, -123.10818. This will be accomplished by strategic placement utilizing the gravel carriage. ODFW will: 1. Procure all permits and waivers for contractor to place spawning gravel in 2026 and 2027. 2. Ensure no fish are within the project zone during gravel placement. II. DELIVERABLES AND SCHEDULE:

• The contractor will procure 1”-8” (though 80% or greater must be 3”-6”) of rounded

river gravel and stage it at the project site located .6 miles below the Applegate Dam. They may move all gravel in 2026 or half in 2026 and half in 2027 to reduce potential of theft.

• The contractor will move the staged gravel into the Applegate River utilizing a gravel

carriage system between the July 1 and September 15 in 2026.

• The contractor will move the staged gravel into the Applegate River utilizing a gravel

carriage system between June 15 and June 30 in 2027.

• The contractor will ensure that gravel is distributed across the width of the river at the

project location. III. PAYMENT METHOLODOGY

• The contractor will be paid for the delivery and staging of the gravel, either all 500 cubic

yards in 2026 or once in 2026 and once in 2027 if moving 250 cubic yards each year.

• The contractor will be paid for placing 250 yards of gravel in the Applegate River 2026.
• The contractor will be paid for placing 250 yards of gravel in the Applegate River in

2027. IV. DELIVERABLE REVIEW & ACCEPTANCE PROCESS ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 6 of 15

• ODFW staff will ensure all gravel required for each year has been delivered prior to

billing. The contractor may deliver 500 cubic yards of 1”-8” gravel (though 80% or greater must be 3”-6”) in 2026, or they may deliver 250 cubic yards of appropriately sized gravel in each 2026 and 2027.

• ODFW staff will ensure gravel has been place in the Applegate River in 2026 and 2027

before billing.

• ODFW will use photo documentation to ensure work is complete.

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) Pre-Bid Conference non-mandatory 3/17/2026 11:00AM Questions and Clarifications Due 3/19/2026 10:00AM Answers to Questions and Clarifications Due (approximate) 3/20/2026 3:00PM Bid Opening Date (Due Date and time to submit Bids ) See cover page Notice of Intent to Award (approximate) 3/27/2026 11:00AM 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, and protests about any component of this ITB, including the ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 7 of 15 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 CONFERENCE A voluntary pre-Bid conference will be held for this ITB. DATE TIME LOCATION 3/17/2026 11:00am The meeting location will be at the project site, located at the pullout 0.2 miles down Forest Service Road 600 on the Upper Applegate Road, whose turnout is just below Applegate Dam. The coordinates for the meeting site are 42.068861, - 123.109071 The purpose of this conference is to explain the ITB requirements and to answer questions. Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned, the ITB requirements will change only by written Addenda issued by Agency as provided in Sections 2.4 and 2.7. 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. 2.4.1 OREGONBUYS ASSISTANCE ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 8 of 15 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 Bidder shall submit its Bid both on electronic thumb drive media and hard copy. 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. ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 9 of 15 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: CONTACT SPC FOR THE OPTION OF ALTERNATIVE DELIVERY IF UNABLE TO SUBMIT THROUGH OREGONBUYS.

• THIS OPTION WILL NOT WAIVE THE REQUIREMENT OF BIDDERS

BEING REGISTERED IN OREGONBUYS. 3.2.2.2 BIDS MAY BE SUBMITTED BY ELECTRONIC MAIL (EMAIL), AND ADDRESSED AS FOLLOWS: 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 & ADD OREGONBUYS ITB#S-63500-00015960 3.2.2.3 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.

ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 10 of 15 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 REFERENCES Bidder must provide 2 references from similar projects performed for any clients within the last 3 years. Information provided must include: ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 11 of 15

• 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. 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.RESERVED 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. 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 ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 12 of 15 information, break ties, or verify any information needed. 4.6 RESERVED 4.7 RESERVED 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. ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 13 of 15 SECTION 5: INTENT TO AWA R D 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 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 ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 14 of 15 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. 7.5 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) ITB S-63500-00015960 Applegate Gravel Augmentation DAS Procurement Services, Version 1.0 – February 20, 2019 Page 15 of 15 ATTACHMENT A [Attach as separate Attachment or Insert Sample Contract Here]