012G Wister WMA Water Control Structures

J. KEVIN STITT, GOVERNOR
WADE FREE, DIRECTOR

Wildife Conservation Commission

Rick Holder Jomes V. Barwick
Chairman Erle Chapman
Chad Dillingham Tim
Vice Chairman
Mark Mabrey
Secretary

Solicitation Cover Page

012G

3. Brief Description of Requirement:

2. Solicitation Issue Date: _ 4/7/2026

See additional specifications.

The Oklahoma Department of Wildlife Conservation (ODWC) is soliciting bids for materials to be used for
Wister WMA aluminum canal gates. Please note this Solicitation is for materials only, not for installation.

4. Response Due Date':

5. Issued By and RETURN BID TO:

Electronic Submission Address:

6. Solicitation Type (type "X" at one below):

4] Invitation to Bid
Request for Proposal

7. Contracting Officer:

Name: Glennan Wrinkle
Phone: 405-522-6144
Email: Glennan.wrinkle@odwe.ok.gov

Time: 3:00 PM CST

Glennan.wrinkle@odwe.ok.gov

Request for Quote

' Amendments to solicitation may change the Response Due Date (read GENERAL PROVISIONS, section 3, "Solicitation Amendments").

J. KEVIN STITT, GOVERNOR

WADE FREE, DIRECTOR Hi H

Wife Conservation Commission Responding Bidder
Mick Holder ve ;
Chaiman anne Information
. chad Dilingham Tim Bl

Vice Chairman Jess Kane

Merk Mabrey John. Zelbet

Secretary

"Certification for Competitive Bid and Contract" MUST be submitted along with the response to the Solicitation.

1. RE: Solicitation # 012G

2. Bidder General Information:
FEI/ SSN: 7 Supplier ID:

Company Name:

3. Bidder Contact Information:

Address:
City: _ State: Zip Code:
Contact Name:
Contact Title:
Phone #: Fax #:
Email: Website:

4. Oklahoma Sales Tax Permit":

YES - Permit
#:

NO - Exempt pursuant to Oklahoma Laws or Rules - Attach an explanation of exemption

5. Registration with the Oklahoma Secretary of State:
YES - Filing Number:

NO - Prior to the contract award, the successful bidder will be required to register with the Secretary of
State or must attach a signed statement that provides specific details supporting the exemption the
supplier is claiming (www.sos.ok.gov or 405-521-3911).

6. Workers' Compensation Insurance Coverage:

Bidder is required to provide with the bid a certificate of insurance showing proof of compliance with the
Oklahoma Workers' Compensation Act.

YES - Include with the bid a certificate of insurance.

2 For frequently asked questions concerning Oklahoma Sales Tax Permit, see https://www.ok.gov/tax/Businesses/index.html

NO - Exempt from the Workers' Compensation Act pursuant to 85A O.S. 2(18)(b)(1-11) - Attach a
written, signed, and dated statement on letterhead stating the reason for the exempt status.>

7. Disabled Veteran Business Enterprise Act

YES -| am a service-disabled veteran business as defined in 74 O.S. 85.44E. Include with the bid
response 1) certification of service-disabled veteran status as verified by the appropriate federal agency,
and 2) verification of not less than 51% ownership by one or more service-disabled veterans, and 3)
verification of the control of the management and daily business operations by one or more service-
disabled veterans.

NO - Do not meet the criteria as a service-disabled veteran business.

Authorized Signature Date

Printed Name " Title

3 For frequently asked questions concerning workers' compensation insurance, see https://www.ok.gov/wec/Insurance/index.htm|

J. KEVIN STITT, GOVERNOR
WADE FREE, DIRECTOR

Wildlife Conservation Commission Certification for Competitive
Rick Hold es V. Barve -
choir Hic hapmen Bid and/or Contract
ViceCholmen Jess Kone (Non-Collusion Certification)
'Mark Mabrey John P, Zelbst
Secretory

Agency Agency

Name: Oklahoma Department of Wildlife Conservation (DWC) Number: 320

Solicitation or Purchase Order #: _012G
Supplier Legal Name:

SECTION 1 [74 O.S. 85.22]:
A. For purposes of competitive bid,

1. lam the duly authorized agent of the above named bidder submitting the competitive bid herewith, for the purpose of
certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or
employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for
special consideration in the letting of any contract pursuant to said bid;

2. | am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached
and have been personally and directly involved in the proceedings leading to the submission of such bid; and

3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or
to refrain from bidding,
b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract,
or as to any other terms of such prospective contract, nor
c. in any discussions between bidders and any state official concerning exchange of money or other thing of
value for special consideration in the letting of a contract, nor
d. to any collusion with any state agency or political subdivision official or employee as to create a sole-source
acquisition in contradiction to Section 85.45j.1. of this title.
B. | certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor's
direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of
Oklahoma any money or other thing of value, either directly or indirectly, in procuring this contract herein.

SECTION 2 [74 0.S. 85.42]:

For the purpose of a contract for services, the supplier also certifies that no person who has been involved in any manner in the
development of this contract while employed by the State of Oklahoma shall be employed by the supplier to fulfill any of the
services provided for under said contract.

SECTION 3 [74 O.S. 582]:
For the purpose of a contract for goods or services, the supplier also certifies it is not currently engaged in a boycott of goods or
services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.

SECTION 4 [74 O.S. 12005]:
For the purpose of a contract for goods or services, the supplier also certifies it is not currently engaged in a boycott of energy
companies and will not boycott energy companies during the term of the contract.

SECTION 5 [Debarment, Suspension or Other Responsibility Matters]:
For the purpose of a contract for goods or services, the supplier also certifies any debarment, suspension, indictments, convictions,
civil judgments and terminated public contracts have been disclosed to the state purchasing director.

SECTION 6 [74 O.S. 85.5]:

For the purpose of a contract for the physical performance of services, the supplier also certifies it is in compliance with the
provisions of Section 1313 of Title 25 of the Oklahoma Statutes requiring all suppliers to register and participate in the Status
Verification System to verify the work eligibility status of all new employees.

SECTION 7 [21 O.S. 1289.31]:

For the purpose of a contract for goods or services, the supplier also certifies it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not discriminate against a firearm entity or
firearm trade association during the term of the contract.

SECTION 8 [74 O.S. 85.22C]
List of all known business or familial relationships that currently exist or which existed within one year prior to the date on this form
between any officer or director of the supplier and any officer or employee of the state agency stated above. State the names of
persons with such relationships, their position within the organization, and the nature of such relationships.

An
2.
3.
If no relationships exist, check the spot below:

There are no known business or familial relationships that currently exist or which existed within one year prior to the date
on this form between any officer or director of the supplier and any officer or employee of the state agency stated above.

SECTION 9 [74 O.S. 85.42(B)]:

Pursuant to 74 O.S. 85.42(B), the supplier certifies that no person involved in any manner in the development, approval, or
negotiation of the contract, including change orders, extensions, renewals or amendments, while employed by the State of
Oklahoma shall be employed or given anything of value to fulfill any services provided under the contract, including change orders,
extensions, renewals or amendments.

The undersigned, duly authorized agent for the above named supplier, by signing below acknowledges this certification statement
is executed for the purposes of:

the competitive bid attached herewith and contract, if awarded to said supplier;
OR

the contract attached herewith, which was not competitively bid and awarded by the agency pursuant to applicable

= Oklahoma statutes.
Supplier Authorized Signature Certified This Date
Printed Name Title

Phone Number Email

A. GENERAL PROVISIONS
A.1. Definitions

As used herein, the following terms shall have the following meaning unless the context clearly indicates

otherwise:

A.1.1. "Acquisition" means items, products, materials, supplies, services, and equipment an entity
acquires by purchase, lease purchase, lease with option to purchase, or rental;

A.1.2. "Addendum" means a written restatement of or modification to a Contract Document executed
by the Supplier and State.

A.1.3. "Bid" means an offer in the form of a bid, proposal, or quote a bidder submits in response to a
solicitation;

A.1.4. "Bidder" means an individual or business entity that submits a bid in response to a solicitation;

A.1.5. "Solicitation" means a request or invitation by the State Purchasing Director or a state agency for
a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an
invitation to bid, request for proposal, or a request for quotation; and

A.1.6. "Supplier" or "vendor' means an individual or business entity that sells or desires to sell

acquisitions to state agencies.

A.2. Bid Submission

A214.

A.2.2.

A.2.3.

A.2.4.

A.2.5.

Submitted bids shall be in strict conformity with the instructions to bidders and shall be submitted
any other forms required by the solicitation.

Bids shall be submitted to the procuring agency at the time and date specified in the solicitation
as the Response Due Date and Time.

The required certification statement, "Certification for Competitive Bid and/or Contract (Non-
Collusion Certification)", OMES-FORM-CP-004, must be made out in the name of the bidder and
must be properly executed by an authorized person, with full knowledge and acceptance of all its
provisions.

All bids shall be legible and completed in ink or with electronic printer or other similar office
equipment. Any corrections to bids shall be identified and initialed in ink by the bidder. Penciled
bids and penciled corrections shall NOT be accepted and will be rejected as non-responsive. In
addition to a hard copy submittal, the bidder will also be required to submit an electronic copy.
Electronic responses must be submitted in the identical format contained in the solicitation (for
example Microsoft Word, Microsoft Excel, but not Adobe PDF). In the event the hard copy of the
price worksheets and electronic copy of the price worksheets do not agree, the electronic copy
will prevail.

All bids submitted shall be subject to the Oklahoma Central Purchasing Act, Central Purchasing
Rules, and other statutory regulations as applicable, these General Provisions, any Special
Provisions, solicitation specifications, required certification statement, and all other terms and
conditions listed or attached herein-all of which are made part of this solicitation.

A.3. Solicitation Amendments

A3.1.

Ifan "Amendment of Solicitation', OMES-FORM-CP-011, is issued, the bidder shall acknowledge
receipt of any/all amendment(s) to solicitations by signing and returning the solicitation
amendment(s). Amendment acknowledgement(s) may be submitted with the bid or may be
forwarded separately. If forwarded separately, amendment acknowledgement(s) must contain
the solicitation number and response due date. The procuring agency must receive the
amendment acknowledgement(s) by the response due date and time specified for receipt of bids
for the bid to be deemed responsive. Failure to acknowledge solicitation amendments may be
grounds for rejection.

A.3.2. No oral statement of any person shall modify or otherwise affect the terms, conditions, or
specifications stated in the solicitation. All amendments to the solicitation shall be made in writing
by the procuring agency.

A.3.3. It is the bidder's responsibility to check frequently for any possible amendments that may be
issued. The procuring agency is not responsible for a bidder's failure to download any
amendment documents required to complete a solicitation.

A.4. Bid Change

If the bidder needs to change a bid prior to the solicitation response due date, a new bid shall be submitted
to the procuring agency with the following statement "This bid supersedes the bid previously submitted."

A.5. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
By submitting a response to this solicitation:

A.5.1. The prospective primary participant and any subcontractor certifies to the best of their knowledge
and belief, that they and their principals or participants:

A5.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal, State or local department or agency;

A5.1.2. Have not within a three-year period preceding this proposal been convicted of or pled guilty
or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) contract; or for violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

A5.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph A.5.1.2. of this certification; and

A5.1.4. Have not within a three-year period preceding this application/proposal had one or more
public (Federal, State, or local) contracts terminated for cause or default.

A.5.2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to its solicitation response.

A.6. Bid Opening

Bids shall be opened by the ODWC Procurement Officer at the time and date specified in the
solicitation as the Response Due Date and Time.

A.7. Open Bid / Open Record

Pursuant to the Oklahoma Public Open Records Act, a bid opening does not make the bid(s) immediately
accessible to the public. The procurement or contracting agency shall keep the bid(s) confidential, and provide
prompt and reasonable access to the records only after a contract is awarded or the solicitation is cancelled.
This practice protects the integrity of the competitive bid process and prevents excessive disruption to the
procurement process. The interest of achieving the best value for the State of Oklahoma outweighs the
interest of vendors immediately knowing the contents of competitor's bids. [51 O.S. 24A.5(5)]

Additionally, financial or proprietary information submitted by a bidder may be designated by the Purchasing
Director as confidential and the procurement entity may reject all requests to disclose information designated
as confidential pursuant to 62 O.S. (2012) 34.11.1(H)(2) and 74 O.S. (2011) 85.10. Bidders claiming any
portion of their bid as proprietary or confidential must specifically identify what documents or portions of
documents they consider confidential and identify applicable law supporting their claim of confidentiality. The
State Purchasing Director shall make the final decision as to whether the documentation or information is
confidential pursuant to 74 O.S. 85.10. Otherwise, documents and information a bidder submits as part of
or in connection with a bid are public records and subject to disclosure after contract award or the solicitation
is cancelled.

A.8. Late Bids

Bids received by the procuring agency after the response due date and time shall be deemed non-responsive
and shall NOT be considered for any resultant award.

A.9. Legal Contract

A.9.1. Submitted bids are rendered as a legal offer and any bid, when accepted by the procuring agency,
shall constitute a contract.

A.9.2. The Contract resulting from this solicitation may consist of the following documents in the
following order of precedence:

A9.2.1. Any Addendum to the Contract;
A9.2.2. Purchase order, as amended by Change Order (if applicable);
A9.2.3. Solicitation, as amended (if applicable); and

A9.2.4. Successful bid (including required certifications), to the extent the bid does not conflict
with the requirements of the solicitation or applicable law.

A.9.3. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.
A.10. Pricing

A.10.1. Bids shall remain firm for a minimum of sixty (60) days from the solicitation closing date.

A.10.2. Bidders guarantee unit prices to be correct.

A.10.3. In accordance with 74 O.S. 85.40, ALL travel expenses to be incurred by the supplier in
performance of the Contract shall be included in the total bid price/contract amount.

A.11. | Manufacturers' Name and Approved Equivalents

Unless otherwise specified in the solicitation, manufacturers' names, brand names, information and/or catalog
numbers listed in a specification are for information and not intended to limit competition. Bidder may offer
any brand for which they are an authorized representative, and which meets or exceeds the specification for
any item(s). However, if bids are based on equivalent products, indicate on the bid form the manufacturer's
name and number. Bidder shall submit sketches, descriptive literature, and/or complete specifications with
their bid. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall
also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be
considered an exception thereto. Bids that do not comply with these requirements are subject to rejection.

A.12. Clarification of Solicitation

A.12.1. Clarification pertaining to the contents of this solicitation shall be directed in writing to the
Contracting Officer specified in the solicitation, and must be prior to the closing date of the
solicitation.

A.12.2. If a bidder fails to notify the State of an error, ambiguity, conflict, discrepancy, omission or other
error in the SOLICITATION, known to the bidder, or that reasonably should have been known by
the bidder, the bidder shall submit a bid at its own risk; and if awarded the contract, the bidder
shall not be entitled to additional compensation, relief, or time, by reason of the error or its later
correction. If a bidder takes exception to any requirement or specification contained in the
SOLICITATION, these exceptions must be clearly and prominently stated in their response.

A.12.3. Bidders who believe proposal requirements or specifications are unnecessarily restrictive or limit
competition may submit a written request for administrative review to the contracting officer listed
on the solicitation. This request must be made prior to the closing date of the solicitation.

A.13. Negotiations

A.13.1.. In accordance with Title 74 85.5, the State of Oklahoma reserves the right to negotiate with one,
selected, all or none of the vendors responding to this solicitation to obtain the best value for the
State. Negotiations could entail discussions on products, services, pricing, contract terminology

A.13.2.

A.13.3.
A.13.4.

A13.5.

A136.

or any other issue that may mitigate the State's risks. The State shall consider all issues
negotiable and not artificially constrained by internal corporate policies. Negotiation may be with
one or more vendors, for any and all items in the vendor's offer.

Firms that contend that they lack flexibility because of their corporate policy on a particular
negotiation item shall face a significant disadvantage and may not be considered. If such
negotiations are conducted, the following conditions shall apply:

Negotiations may be conducted in person, in writing, or by telephone.

Negotiations shall only be conducted with potentially acceptable offers. The State reserves the
right to limit negotiations to those offers that received the highest rankings during the initial
evaluation phase.

Terms, conditions, prices, methodology, or other features of the bidders offer may be subject to
negotiations and subsequent revision. As part of the negotiations, the bidder may be required to
submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the
feasibility, reasonableness, and acceptability of the offer.

The requirements of the Request for Proposal shall not be negotiable and shall remain
unchanged unless the State determines that a change in such requirements is in the best interest
of the State Of Oklahoma.

A.14. Rejection of Bid

The State reserves the right to reject any bids that do not comply with the requirements and specifications of
the solicitation. A bid may be rejected when the bidder imposes terms or conditions that would modify
requirements of the solicitation or limit the bidder's liability to the State. Other possible reasons for rejection
of bids are listed in OAC 260:115-7-32.

A.15. Award of Contract

A.15.1.

A.15.2.

A.15.3.

The Agency may award the Contract to more than one bidder by awarding the Contract(s) by
item or groups of items, or may award the Contract on an ALL OR NONE basis, whichever is
deemed by the Agency to be in the best interest of the State of Oklahoma.

Contract awards will be made to the lowest and best bidder(s) unless the solicitation specifies
that best value criteria is being used.

In order to receive an award or payments from the State of Oklahoma, suppliers must be
registered. The vendor registration process can be completed electronically through the OMES
website at the following link: https://oklahoma.gov/omes/divisions/central-purchasing/suppliers-
and-payees/supplier-portal.html.

A.16. Contract Modification

A.16.1.

A.16.2.

The Contract is issued under the authority of the Certified Procurement Officer who signs the
Contract. The Contract may be modified only through a written Addendum, signed by the Certified
Procurement Officer and the supplier.

Any change to the Contract, including but not limited to the addition of work or materials, the
revision of payment terms, or the substitution of work or materials, directed by a person who is
not specifically authorized by the procuring agency in writing, or made unilaterally by the supplier,
is a breach of the Contract. Unless otherwise specified by applicable law or rules, such changes,
including unauthorized written Addendums, shall be void and without effect, and the supplier shall
not be entitled to any claim under this Contract based on those changes. No oral statement of
any person shall modify or otherwise affect the terms, conditions, or specifications stated in the
resultant Contract.

A.17. Delivery, Inspection and Acceptance

AA7A.

Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B.
Destination. The supplier(s) awarded the Contract shall prepay all packaging, handling, shipping
and delivery charges and firm prices quoted in the bid shall include all such charges. All products

and/or services to be delivered pursuant to the Contract shall be subject to final inspection and
acceptance by the State at destination. "Destination" shall mean delivered to the receiving dock
or other point specified in the purchase order. The State assumes no responsibility for goods until
accepted by the State at the receiving point in good condition. Title and risk of loss or damage to
all items shall be the responsibility of the supplier until accepted by the receiving agency. The
supplier(s) awarded the Contract shall be responsible for filing, processing, and collecting any
and all damage claims accruing prior to acceptance.

A.17.2. Supplier(s) awarded the Contract shall be required to deliver products and services as bid on or
before the required date. Deviations, substitutions or changes in products and services shall not
be made unless expressly authorized in writing by the procuring agency.

A.18. Invoicing and Payment

A.18.1. Upon submission of an accurate and proper invoice, the invoice shall be paid in arrears after
products have been delivered or services provided and in accordance with applicable
law. Invoices shall contain the purchase order number, a description of the products delivered
or services provided, and the dates of such delivery or provision of services. An invoice is
considered proper if sent to the proper recipient and goods or services have been received.

A.18.2. State Acquisitions are exempt from sales taxes and federal excise taxes.

A.18.3. Pursuant to 74 O.S. 85.44(B), invoices will be paid in arrears after products have been
delivered or services provided.

A.18.4. Payment terms will be net 45. Interest on late payments made by the State of Oklahoma is
governed by 62 O.S. 34.72.

A.18.5. Additional terms which provide discounts for earlier payment may be evaluated when making
an award. Any such additional terms shall be no less than ten (10) days increasing in five (5)
day increments up to thirty (30) days. The date from which the discount time is calculated shall
be the date of a proper invoice.

A.19. Tax Exemption

State agency acquisitions are exempt from sales taxes and federal excise taxes. Bidders shall not include
these taxes in price quotes.

A.20. Audit and Records Clause

A.20.1. As used in this clause, "records" includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in written
form, in the form of computer data, or in any other form. In accepting any Contract with the State,
the successful bidder(s) agree any pertinent State or Federal agency will have the right to
examine and audit all records relevant to execution and performance of the resultant Contract.

A.20.2. The successful supplier(s) awarded the Contract(s) is required to retain records relative to the
Contract for the duration of the Contract and for a period of seven (7) years following completion
and/or termination of the Contract. If an audit, litigation, or other action involving such records is
started before the end of the seven (7) year period, the records are required to be maintained for
two (2) years from the date that all issues arising out of the action are resolved, or until the end
of the seven (7) year retention period, whichever is later.

A.21. Non-Appropriation Clause

The terms of any Contract resulting from the solicitation and any Purchase Order issued for multiple years
under the Contract are contingent upon sufficient appropriations being made by the Legislature or other
appropriate government entity. Notwithstanding any language to the contrary in the solicitation, purchase
order, or any other Contract document, the procuring agency may terminate its obligations under the Contract
if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay
amounts due for multiple year agreements. The Requesting (procuring) Agency's decisions as to whether
sufficient appropriations are available shall be accepted by the supplier and shall be final and binding.