00001081_ITB~1.docx

ITB/Bid Solicitation Number: S-73000-00001081

Issue Date: See “Available Date” in OregonBuys

OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB)

ITB Title: Albeo ABR2 LED Luminaires for Knowles Creek Tunnel

Notes:

· OregonBuys: This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this ITB. All files, forms, provisions or other documents attached electronically or linked from the Internet are incorporated into this ITB with the same force and effect as though fully set forth in this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms or Addenda may contact the Purchaser listed in OregonBuys for alternative electronic formats or hard copies.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

PRE-BID CONFERENCE: None.

BID/QUOTE DUE DATE: See “Bid Opening Date” and time for this ITB in OregonBuys.

PURCHASER/SINGLE POINT of CONTACT: See “Purchaser” and “Info Contact” for this ITB in OregonBuys. This is the only point of contact for this ITB. Any questions or issues that may arise regarding the Specifications, the bidding process, or the award process shall be directed to the Purchaser/Single Point of Contact.

REQUESTS FOR CHANGE, ITB PROTESTS, AND REQUESTS FOR APPROVED EQUAL BRANDS: See Solicitation Process and Schedule in ITB section 6.

SUBMITTING A BID. All bid submittal requirements are set forth in ITB section 5.2. All required documents must be submitted through the OregonBuys eProcurement system prior to the Bid Opening Date and time specified in OregonBuys for this ITB.

Table of Contents

OREGONBUYS INFORMATION and ITB ATTACHMENTS

Bidder must be registered in OregonBuys as a vendor. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

0.2 ITB Attachments and Addenda.

In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

· Details entered in the Header Information section;

· All ITB attachments, Addenda and notices (“Amendments”), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

1. DEFINITIONS

The following terms have the meaning provided in OAR 125-246-0110: “Addendum” or “Addenda”, “Bid”, “Bidder”, “Brand Name or Equal Specification”, “Brand Name Specification”, “Business Day”, “Closing”, “Contract”, “Contractor”, “Goods”, “OAR”, "Opening", “ORS”, “Purchase Order”, “Responsible”, “Responsive”, “Services”, “Solicitation”, “Specification”.

For purposes of this ITB “Agreement” means Purchase Order (“PO”).

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking one qualified Contractor to provide 256 Albeo LED Luminaires with custom mounting bracket as specified in Section 3. ODOT intends to issue a PO to the successful Bidder.

Per ORS 279B.055(2)(c), the selected Contractor shall meet the highest standards prevalent in the industry most closely involved in providing the Services required under any awarded Agreement.

2.2 Required Experience/References

Bidder must enter the information required in this section in the applicable fields of the Bid Cover Sheet (see ITB section 5.2.1.b). Bids that do not clearly show the minimum required experience and references will be rejected.

· Bidder must have a minimum of 3 years of experience providing the types of Goods described in this ITB.

· Bidder must provide references, as required in section 5.2.1.c, for Contracts/Purchase Orders which Bidder entered into to provide Goods of similar scope and quantity as described in this ITB.

2.3 Quantity of Agreements Awarded

It is anticipated that one Bidder will be selected for award. For up to 9 months following the close of this solicitation, ODOT may, at its sole discretion, select for additional award the second-lowest eligible Bidder. If agreement with second-lowest eligible Bidder is not reached, ODOT may offer award to the third-lowest eligible Bidder and so on until agreement is reached or until ODOT terminates the process. For purposes of this subsection, “eligible Bidder” means the Bidder is Responsible and their Bid was Responsive to all material requirements of this ITB. Additional awards, if any, are contingent upon ODOT need, available funding and agreement by Bidder to offer the same pricing as provided in their original response to this ITB.

2.4 Delivery Requirements

All Goods must be delivered to the following address no later than 3/1/2022:

ODOT District 5 Electrical 1920 Henderson Ave Eugene, OR 97403 Brian Parks Cell: 541-953-6967

NO LATER THAN 48 HOURS PRIOR TO DELIVERY OF GOODS, CONTRACTOR SHALL NOTIFY THE ODOT CONTACT AT THE PHONE NUMBER LISTED ABOVE OF DELIVERY DATE AND TIME.

All Goods must be delivered F.O.B. destination with all transportation and handling charges paid by Contractor, unless otherwise agreed to in writing by ODOT. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance.

2.5 Reserved

2.6 Insurance Requirements

The selected Contractor shall obtain at Contractor’s expense the insurance specified below prior to performing under the awarded PO and shall maintain it in force and at its own expense throughout the duration of the PO, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Coverage shall be primary and non-contributory with any other insurance and self-insurance with exception of Professional liability and Workers’ compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

SUBCONTRACTORS:

Contractor shall require that all of its subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. Contractor shall obtain proof of the required insurance coverages, as applicable, from any subcontractor providing Services related to the Agreement.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

Required by ODOT of Contractors with subject workers, as defined by ORS 656.027.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability Insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts.

COMMERCIAL GENERAL LIABILITY

|X| Required Commercial General Liability insurance must be issued on an “occurrence basis” covering “bodily injury” and “property damage” and shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage.

· Coverage shall be written on an occurrence basis in an amount of not less than |X| $1,000,000 |_| $2,000,000 |_| $5,000,000 per occurrence.

· Annual aggregate limits shall not be less than |X| $2,000,000 |_| $4,000,000 |_| 10,000,000.

AUTOMOBILE LIABILITY

|X| Required |_| Not required Automobile Liability insurance covering Contractor’s business-related automobile use covering all owned, non-owned, or hired vehicles for “bodily injury” and ”property damage”, with a combined single limit of not less than |_| $500,000 |X| $1,000,000 |_| $2,000,000 |_| $5,000,000.

EXCESS/UMBRELLA INSURANCE:

A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance.

NOTICE OF CHANGE OR CANCELLATION:

The Contractor or its insurer must provide at least 30 days’ written notice to ODOT before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to ODOT Certificate(s) of Insurance for all required insurance before delivering any Goods or performing any Services required under the Agreement. The Certificate(s) shall:

· List the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as a Certificate holder and as an endorsed Additional Insured.

· Specify that all liability insurance coverages shall be primary and non-contributory with any other insurance and self-insurance, with exception of Professional liability and Workers’ compensation

· If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance.

ENDORSEMENTS:

i. Additional Insured. The liability insurance coverages, except Professional Liability or Workers’ Compensation/Employer’s Liability, if included, required for performance of the Agreement must include an "additional insured" endorsement specifying the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees.” Coverage shall be primary and non-contributory with any other insurance and self-insurance. Proof of additional insured status will include copies of endorsements or policy wording which must be submitted with the Certificate(s) of Insurance. The additional insured endorsement must be acceptable to ODOT.

ii. Commercial General Liability must contain, or be endorsed to contain, a provision that specifies “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as additional insureds with respect to liability arising out of work or completed operations performed by, or on behalf of, the Contractor including materials, parts, or equipment furnished in connection with such work or operations. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed insureds.

STATE ACCEPTANCE:

All insurance providers are subject to State acceptance. If requested by ODOT, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to ODOT’s representatives responsible for verification of the insurance coverages required under this section.

2.7 Payment and Method of Compensation

ODOT will pay for completion of Contractor obligations in conformance with all requirements, applicable standards and acceptance criteria. The method of compensation for the awarded PO will be fixed unit price.

3. SPECIFICATIONS

The cut sheets available for download from the Bid Solicitation attachments page for this ITB in OregonBuys contain the Specifications for the required Goods. The Goods must meet the Specifications detailed in the cut sheets and must be obtained from the sole GE Current representative for this purchase, Concordia Lighting, Electrical & Controls, Vancouver, WA:

The exact description of Goods Contractor must order from Concordia is:

“ABR2518T479GQQ23SQR056, with 6ft cord set and custom mounting bracket” ODOT has made a written determination that only the brand name specified will meet its needs for this purchase. No requests for approval of equal brands will be accepted.

4. SAMPLE AGREEMENT

A sample ODOT PO, including the terms and conditions that will apply to any purchase resulting from this ITB, is not physically attached but is incorporated into this ITB as though fully set forth herein. The sample PO is available for download from the Bid Solicitation attachments page for this ITB in OregonBuys.

5. INSTRUCTIONS TO BIDDERS and SUBMITTAL REQUIREMENTS

0. Obtaining Bid Documents This ITB, all Addenda, and all attachments may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso.. Contact the Purchaser/Single Point of Contact listed in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date identified in OregonBuys to assure that they have not missed any Addenda or other notices issued for this ITB.

5.2 Bid Submittal Requirements:

5.2.1 Required Submittals and Bid Pricing via OregonBuys

Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected.

Bidder must complete and submit via OregonBuys all submittal requirements of this ITB no later than the Bid Opening Date and time specified in OregonBuys for this ITB (submittals by any other means will be rejected):

5.2.7.a. Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes* (for tips on reducing file size, see information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

6. SOLICITATION PROCESS

6.1 Solicitation Schedule

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Time.

6.2 Procurement Method and Applicable Laws

ODOT is conducting this solicitation as Competitive Sealed Bidding in accordance with ORS 279A, ORS 279B, OAR 731-146, OAR 731-147, OAR 137-047-0255.

6.3 Requests for Clarification, Requests for Change

All inquiries and correspondence regarding this ITB must be submitted in writing via email to the Purchaser identified in OregonBuys for this ITB.

Any requests for clarification or requests for change must be received by ODOT no later than the applicable deadline specified in ITB section 6.1 – Solicitation Schedule.

· Requests for Clarification. A prospective Bidder may submit questions or seek clarifications regarding any aspect of this ITB document, Specifications, Sample Agreement or solicitation process.

· Requests for Change. A prospective Bidder may submit a request for change which must include the reason for the requested changes, supported by factual documentation, and any proposed changes.

· ODOT Responses. ODOT will promptly respond to each properly-submitted written request. When appropriate, ODOT will issue revisions and clarify ITB provisions via Addenda published in OregonBuys as “Amendment”(s) to this ITB. ODOT may also respond informally to Bidder questions. However, Specifications, contractual terms, and procurement requirements of an ITB can only be changed via formal Addenda posted for this ITB on OregonBuys.

6.4 Addenda (referred to as “Amendments” in OregonBuys)

When appropriate, as determined by ODOT in its sole discretion, revisions, substitutions, or clarifications of this ITB will be published as Addenda on OregonBuys. Changes or modifications to this ITB will be binding on ODOT only if in the form of written Addenda published on OregonBuys.

Questions regarding Addenda must be received via email by the deadline specified in the Addendum or they will not be considered.

6.5 Solicitation and Addendum Protests

6.5.1 Solicitation Protests. A prospective Bidder may submit a written protest of anything contained in this ITB, in conformance with the requirements of ORS 279B.405, if the prospective Bidder believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. Protests to the ITB must be received by the deadline specified in ITB section 6.1.

6.5.2 Addendum Protests. A prospective Bidder may submit a written protest of anything contained in an Addendum. Protests of matters not added or modified by the Addendum will not be considered. A protests of an Addendum must be received by the date specified in the Addendum.

6.5.3 All protests must:

· Be submitted via email to the Purchaser identified for this ITB in OregonBuys;

· Reference the ITB/Bid Solicitation number;

· Identify protestor’s name and contact information;

· Be signed by an authorized representative;

· State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based.

· State the proposed changes to the ITB provisions or other relief sought;

· Be received by the applicable deadline specified in the subsections above.

6.6 Withdrawal of Bids and Bid Modifications

If a Bidder wishes to withdraw or modify a submitted Bid, Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to the ”Bid Opening Date” and time for this ITB in OregonBuys. Bid withdrawals and modifications must be in conformance with requirements set forth in OAR 137-047-0440.

6.7 Bid Opening

Bid Opening will occur immediately following the Bid Opening Date and time in OregonBuys for this ITB unless otherwise specified in an Addendum. ODOT will hold an electronic public Bid Opening for this ITB via Microsoft Teams. Only the name of each Bidder and the bid amounts will be read at the Bid Opening. It is optional for Bidders to attend the Bid Opening. Award decisions will not be made at the Bid Opening.

Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 971-277-1965,,469001055# United States, Portland Phone Conference ID: 469 001 055# Find a local number | Reset PIN Learn More | Meeting options

7. AWARD

7.1 Method of Award

Bids will be evaluated to determine the lowest Responsible Bidder (after consideration of reciprocal preference per section 7.2) whose Bid is Responsive and not otherwise rejected per the provisions of OAR 137-047-0640(1)(b) and (c ).

Prior to award, ODOT may investigate Bidder (including the results of any reference checks completed by ODOT) and request information in addition to that already required in this ITB, when ODOT, in its sole discretion, considers it necessary or advisable in order to evaluate whether the Bidder meets the applicable standards for Responsibility.

7.2 Reciprocal Preference

ODOT will add a percent increase to each out-of-state Bidder’s Bid price which is equal to the percent preference, if any, given to resident bidders of the Bidder’s state. For example, if the Bidder is from a state that grants a 10 percent preference to local bidders, ODOT will add 10 percent to that Bidder’s Bid price. This price adjustment will be for evaluation purposes only and will not be reflected in the pricing incorporated into the awarded Agreement.

7.3 Notice of Intent to Award

Pursuant to OAR 137-047-0610, ODOT will make its notice of intent to award available to all Bidders by posting the notice on the ITB Bid Solicitation page in OregonBuys.

7.4 Award Protest

An “adversely-affected” Bidder may submit a protest in response to the notice of intent to award an Agreement if the conditions set forth in ORS 279B.410(1) are satisfied. An adversely-affected Bidder must file a written protest via email with ODOT and exhaust all administrative remedies before seeking judicial review of ODOT’s award decision. To be considered, the written protest must specify the grounds for the protest pursuant to ORS 279B.410(2). An award protest must be delivered via email to the Purchaser identified in OregonBuys for this ITB no later than the deadline for award protests specified in ITB section 6.1 – Solicitation Schedule. ODOT will not consider an award protest submitted after this deadline. ODOT will issue a written disposition of protests in a timely manner as set forth in ORS 279B.410(4).

7.5 Awardee Requirements

The following requirements apply only to the apparent successful Bidder. All items that must be provided to ODOT must be received by the Purchaser within 5 Business Days after ODOT’s issuance of intent to award notice unless a different timeframe is agreed to by ODOT and Bidder.

· ODOT requests a W-9 Form, or

· The backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any. No payment can be made until a properly completed W-9 is on file with ODOT. The W-9 Form is available at: https://www.irs.gov/pub/irs-pdf/fw9.pdf (submit page 1 only).

7.5.3 Business Registry Number/Registered Agent. The apparent successful Bidder must be duly authorized to transact business before executing the Agreement. Firms that contract with ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration.

· Oregon Business Registry – If requested by ODOT the apparent successful Bidder shall (unless Bidder is an individual operating under the individual’s real and true name or otherwise exempt under applicable laws) provide to ODOT a current Oregon Secretary of State business registry number if: a) Bidder is an Oregon business or has offices or employees located or conducting business in Oregon, or b) as a result of an awarded Agreement, Bidder will have offices or employees located, or conducting business, in Oregon. See process for obtaining a business registry number.

· Foreign Businesses – The apparent successful Bidder shall provide to ODOT a current business registry number for the state in which the business is located unless: a) Bidder is an individual operating as the individual’s real and true name or otherwise exempt under applicable laws or, b) Bidder is registered in Oregon and Bidder is submitting an Oregon business registry number.

· Registered Agent - All corporations and other business entities (domestic and foreign) must have a registered agent in Oregon unless an exception applies. See requirements and exceptions regarding Registered Agents.

· For more information - See Starting a Business and Laws and Rules. The titles in this subsection are available at the following Internet site: https://www.filinginoregon.com/index.htm.

7.5.4 Bidder Responsibility

(a) Agency may reject an offer and rescind the Intent to Award notice if Bidder is not responsible pursuant to ORS 279B.110 or if Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

(b) Responsibility Inquiry Form. The apparent successful Bidder shall provide a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Forms) and must be submitted via email.

7.5.5 Reserved.

7.5.6 Nonresident Bidder Form. If awardee is a nonresident Bidder and the Agreement amount exceeds $10,000, the Bidder shall report to the Department of Revenue (using the Non-Resident Bidder Form, submit form prior to Agreement execution with a copy submitted to ODOT) the total Agreement price, terms of payment, duration of Agreement and such other information as the Department of Revenue may require before the Bidder may receive final payment.

7.6 Prompt Execution of Agreement

In accordance with ORS 279B.055(11), the successful Bidder shall take all actions necessary to comply with all award submittal requirements of this ITB to allow for prompt execution of an Agreement.

7.7 Commencement of Work

Contractor shall commence no work under an awarded Agreement until all required documents have been provided and a PO has been issued by ODOT.

In accordance with ORS 279B.100, ODOT may reject any or all Bids and may cancel or delay this ITB at any time if doing so would be in the public interest as determined by ODOT. ODOT may reject all Bids pursuant to the criteria set forth in OAR 137-047-0650. ODOT shall reject any or all Bids as required by OAR 137-047-0640. Notification of Bid rejection will be made in writing and sent to Bidder by email or hard copy.

8.2 Non-Discrimination by ODOT

ODOT, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all Bidders that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit Bids in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

8.3 Non-Discrimination by Bidders

Bidders may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055. Violations may result in debarment, disqualification or breach of contract pursuant to ORS 279A.110.

8.4 Bidders responding to this ITB do so solely at their expense ODOT is not responsible for any Bidder expenses associated with this ITB.

8.5 Recyclable Products

If awarded an Agreement, Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the Agreement.

ITB-GTS ITB #: 00001081