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

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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,

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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! Bookmark not defined.

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

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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 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

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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

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• 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

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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

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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.

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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.

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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:

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• 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

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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.

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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

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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)

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ATTACHMENT A
[Attach as separate Attachment or Insert Sample Contract Here]