00015191 Request for Competitive Quotes.docx

Request for Competitive Quotes (“RFCQ”) Instructions to ODOT Purchaser

Oregon Department of Transportation

Request for Competitive Quotes (“RFCQ”)

I-5 SB MP9.7 Scaling Project No. S-73000-00015191

Solicitation conducted under intermediate procurement procedures per ORS 279B.070 and OAR 137-047-0270

Non-Discrimination Notice: 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, or national origin in consideration for an award.

Accessibility and Accommodation Requests: 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. To request reasonable accommodation for access, due to a disability, to information related to this document, please contact the Oregon Department of Transportation’s Procurement Office at 355 Capitol St NE, Salem, OR 97301

Procurement Summary:

This solicitation and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279B of the Oregon Revised Statutes, and Divisions 46 and 49 of the Administrative Rules of the Oregon Department of Justice. The solicitation and resulting Contract may be subject to other laws and rules.

This procurement is being conducted as an intermediate procurement in accordance with ORS 279B and OAR 731-147-0810. The RFCQ includes all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting quotes.

Project Summary: ODOT is seeking one qualified contractor to: Supply materials, equipment, labor, and incidentals necessary to scale remaining unstable failed materials +/- 1500 cubic yards and remove approximately 12 +/- trees and small shrubs within the vicinity of the rockfall. Offsite spoils removal will not be required. Perform additional and incidental work as noted in the Contract plans and specifications and as directed.

COMPLETION DATES (See the General Conditions for definitions of substantial and final completion. Sample Contract):

Substantial Completion: December 31, 2025 Final Completion: January 2, 2026

Contractor Requirements

CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION REQUIREMENTS

Prospective Contractors must be licensed with the State of Oregon CCB prior to providing a quote for this project. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN QUOTE REJECTION.

All subcontractors participating in the Project must be similarly registered with the Construction Contractors Board before they commence in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

The below Prevailing Wage section is required:

Prevailing Wage Requirements:

1. GENERAL REQUIREMENTS

Pursuant to ORS 279C.800 through 279C.870, the Contractor and all subcontractors are required to pay Prevailing Wage Rates (“PWRs”) for any contract valued at more than $50,000. Because the project involves federal funds, this ITB and the resulting Contract are also subject to Federal Davis-Bacon Act requirements.

The Contractor, and all subcontractors at all tiers, shall pay the higher of the following PWRs (as applicable) for the area where construction will occur:

a. BOLI PWRs and fringe benefits in effect at the time of Bid issuance, as identified in in Section 4 below, or

b. Federal Davis-Bacon PWRs and fringe benefits as identified in Section 4 below.

2. OREGON BOLI REQUIREMENTS

a. Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to PWRs and the required Public Works bond as outlined in Sections C.1, C.2 & G.2.3 of the General Conditions.

b. Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate Public Works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a Public Works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a Public Works bond before permitting the Subcontractor to start Work.

c. The ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates set forth below in Section 4 - Project Wage Rates. The BOLI “PREVAILING WAGE RATES for Public Works Contracts” and PWR Apprenticeship Rates effective July 5, 2025 and as amended October 5, 2025, are also available on line at:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.asp

d. The Work will take place in Jackson County, BOLI Region 8.

e. The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

3. FEDERAL DAVIS-BACON REQUIREMENTS

a. Contractor and all subcontractors at every tier shall comply with the “Davis-Bacon and Related Act Provisions” included in Attachment B - FHWA Form 1273. Federal Davis-Bacon Act requirements and PWRs are applicable to all Federal-aid construction projects exceeding $2,000.

b. The Resulting Contract are subject to the Federal Davis-Bacon rates set forth below in Section 4 – Project Wage Rates. These rates are published in the publication “General Wage Determinations Issued Under the Davis-Bacon and Related Acts” available on line at the following U.S. Department of Labor website: https://sam.gov/content/wage-determinations.

4. PROJECT WAGE RATES

NOTE: The Davis-Bacon rates and the BOLI rates in effect at the time of Bid Issuance are included in ITB Attachment A – Project Wage Rates. Notwithstanding the rates included in ITB Attachment A, Bidders are advised that federal Davis-Bacon wage rates may be amended at any time prior to the Bid Closing and that Contractors remain responsible for meeting federal Davis-Bacon Act and Related Acts requirements and State of Oregon prevailing wage rate requirements. The applicable wage rates will be inserted in this section 4 prior to contract execution.

Additional information regarding Davis-Bacon Act and wages is available at the following website: https://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#GENERAL

Attachments:

|X| Attachment C – Contract Closeout Checklist

Competitive Quote Information:

This Request for Competitive Quotes is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Competitive quotes must be submitted through the OregonBuys system.

· Prospective Contractor must be registered as a vendor in OregonBuys to do business with the State. Registration is free. 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.

· Prospective Contractor is responsible for ensuring that its vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information

Any questions regarding this Request for Competitive Quotes must be directed to the Purchaser identified in OregonBuys for this Request for Competitive Quotes. Any changes to (addenda) or notices regarding the Request for Competitive Quotes will be posted in OregonBuys.

SUBMISSION VIA OREGON BUYS

Prospective Contractor must select “Yes” on the Terms & Conditions tab in OregonBuys or the quote will be rejected.

Prospective Contractor must submit the following no later than the Bid Opening Date and time specified in OregonBuys in order to be considered for award.

1. Competitive Quote Form Part 1

2. Competitive Quote Form Part 2

3. Competitive Quote Form Part 3 (Pricing Submittal Form) Competitive quotes must be submitted via OregonBuys. Competitive quotes submitted by any other means will be rejected.

THE COMPETITIVE QUOTE SUBMISSION MUST BE ONE PDF ATTACHMENT.

No public opening of quotes will be held.

BIDDER RESPONSIBILITY

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.

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.

Certification Regarding Debarment and other Responsibility Matters. The apparent successful Bidder shall provide to ODOT a signed Certification Regarding Debarment, Proposed Debarment, and Other Responsibility Matters form available on line at: https://oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf (ref. 48CFR 52.209-5).

GENERAL TERMS AND CONDITIONS FOR THIS RFCQ

Buy America and Cargo Preference. This is a Federally funded procurement subject to the following:

· Buy America Requirements (see provisions set forth in Sample Contract section 7.1.1)

· Cargo Preference Act Requirements (see provisions set forth in Sample Contract section 7.1.2) By submission of a Bid, the Bidder certifies that Bidder (and its subcontractors, if any) will comply with the Federal provisions, as applicable, and that the goods offered under the Bid will comply with the above referenced Buy America and Cargo Preference requirements.

Rejection and RFCQ Cancellation or Delay In accordance with ORS 279B.100, ODOT may reject any or all Bids and may cancel or delay this RFCQ 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.

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.

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.

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

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

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 (except as stated otherwise, or unless a different timeframe is agreed to by ODOT and Bidder):

Insurance Certificates. Selected Bidder(s) shall provide to ODOT certificates of insurance via e-mail for levels of insurance coverage shown in Exhibit C of the Sample Contract incorporated into this RFCQ.

Tax ID Number. The apparent successful Bidder(s) shall provide to ODOT their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 Form if either of the following apply:

· 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).

Business Registry Number/Registered Agent. The apparent successful Bidder must be duly authorized by the State of Oregon 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 the name of Bidder’s business includes the "real and true" name of each owner or the business is 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 the prospective Agreement, Bidder will have offices or employees located, or conducting business, in Oregon. See process for obtaining a business registry number and guidance regarding exceptions (https://sos.oregon.gov/business/Pages/doing-business-means.aspx).

· 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) the name of Bidder’s business includes the "real and true" name of each owner or the business is 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 (https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx).

· For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site: https://sos.oregon.gov/business/Pages/default.aspx.

COMPETITIVE QUOTE FORM

Must be submitted with the quote.

Refer to “Instructions to Offerors” for list of required documents to submit with the quote.

Offeror Information

Offeror (COMPANY) Legal Name:

Offeror Address:

Contact Person name and title:

Email:

Phone:

By signature below, the undersigned Authorized Representative hereby certifies on behalf of the offeror that:

1. Offeror agrees to and shall comply with all requirements, specifications and terms and conditions included with this RFCQ (including all Attachments and Addenda, if any) if awarded a Contract under this solicitation.

1. In accordance with ORS 279A.110(4), Offeror does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. And, pursuant to ORS 279A.110, offeror has not and offeror will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055.

Authorized Signature:

Title:

BID PRICING FORM

Must be submitted with Quote The Bidder proposes to furnish all material, equipment, and labor, and perform all work for ODOT, in strict accordance with the Scope of Work and Specifications. The quantities listed are estimated. Contractor will be paid based on actual, measured quantities based on the following prices:

I-5 SB MP9.7 Scaling Project

2.

7.

REFERENCES FORM

Must be submitted with the quote.

REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE: Offeror shall provide a list of three different firms for references that can be contacted regarding the quality of goods and/or services that the offeror provided in the last 4 years on purchases or projects comparable in size and scope to the purchase or project described in this solicitation.

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

INSTRUCTIONS TO OFFERORS

QUOTE REQUIREMENTS

Quotes must be received by the ODOT Purchaser listed on page 1, at the specified email, prior to the due date and time.

To submit a quote under this solicitation, the offeror must submit the following documents:

· Competitive Quote Form

· Price Quote Form

· References Form with all required information AWARD REQUIREMENTS (for winning offeror only)

1. Prior to issuance of a Contract, the winning offeror must submit the following to the ODOT Purchaser:

· Certificates of Insurance for required insurance coverages as stated in Attachment C. Each offeror is encouraged to discuss insurance requirements with their agent prior to submitting a quote so any costs can be included in the price quote.

· Responsibility Inquiry Form: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section, Misc. Procurement Related Forms).

· Conflict of Interest (COI) Disclosure forms – IF REQUIRED. All ODOT contractors must comply with ODOT’s Conflict of Interest Guidelines which requires a form for any actual or potential conflict. See https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section - Misc. Procurement Related Forms).

2. Additional requirements:

· Business Registry: The winning offeror must be duly authorized to transact business in the state of Oregon through registration of its assumed business name (if any) or corporation with the Secretary of State Corporations Division. ODOT may require the winning offeror to provide its registry information prior to issuing a Contract.

· W-9 Form: If the winning offeror has not received payments from ODOT before, the offeror will need to submit an IRS form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf.

· Nonresident bidder Form. If the winning offeror is a nonresident bidder {as defined in ORS 279A.120(1)} and the contract amount exceeds $10,000, the offeror must report to the Department of Revenue a Non-Resident bidder Form prior to receiving final payment under the Contract.

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