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State of Oregon

Oregon Military Department

Invitation to Bid

Project # TQKD 26-2002

FY26 PANG BASEWIDE PAVEMENT BUNDLE

Closing / Bid Opening Date: July 14, 2026, 1:30 PM PT

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See ITB section C.1.6 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within 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.

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PROJECT SUMMARY

ITB PURPOSE:

The purpose of the ITB is to establish a Contract for FY26 PANG Pavement Bundle the benefit of Oregon Military Department (“OMD”). The Work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the ITB and Contract Documents.

PROJECT DESCRIPTION:

Pavement repair at Portland Air National Guard. Project to be completed in accordance with the technical specifications, drawings, and all requirements of the ITB.

PROJECT FUNDING:

This Project is anticipated to be funded with State and Federal funds. Award is dependent upon OMD’s receipt of sufficient Project funding.

NOTE THE FOLLOWING:

1. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS SOLICITATION. PLEASE READ

AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE SUBMITTING YOUR OFFER.

2. THE RESULTING CONTRACT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:

☒ YES ☐ NO

IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A UNIQUE ENTITY IDENTIFIER (“UEI”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A UEI NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA THE LINK PROVIDED

BELOW:

http://sam.gov/content/duns-uei

2. EXCLUDED PARTIES LIST (“EPLS”) SEARCH COMPLETED BY OMD:

THE APPARENT SUCCESSFUL OFFEROR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR INFORMATION

CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK PROVIDED BELOW:

https://www.sam.gov/portal/SAM#1

PROJECT ESTIMATE:

The following range is a project estimate for bonding purposes only: $20,000.00

SOLICITATION SCHEDULE

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

ACTIVITY

SCHEDULE/DEADLINE

Pre-Bid Conference See C.1.1 of ITB Deadline for solicitation protests, requests for change, requests for clarification, requests for brand name/ product substitutions, and questions

See C.2.3 of ITB

Deadline for Bid submittal See “Bid Opening Date” and time identified in

OregonBuys for this ITB Public Bid opening Immediately after Bid Opening Date and time identified in OregonBuys for this ITB. See ITB section C.8.1.

Deadline for Award protest See ITB section C.19

PROJECT COMPLETION DATES:

https://www.sam.gov/portal/SAM#1

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PROJECT START DATE: 30 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 300 calendar days from issuance of Notice to Proceed FINAL COMPLETION: 330 calendar days from issuance of Notice to Proceed

LIQUIDATED DAMAGES:

Liquidated damages will not apply to the contract resulting from this ITB.

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State of Oregon- Oregon Military Department

Bidding Requirements & Instructions

For Public Improvement and Public Works Projects

SECTION A – TABLE OF CONTENTS

PROJECT SUMMARY

BIDDING REQUIREMENTS & INSTRUCTIONS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION AND INSTRUCTIONS TO OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS)

SECTION F INSTRUCTIONS FOR FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

EXHIBITS

ITB EXHIBIT 1 PRICING SUBMITTAL FORM

ITB EXHIBIT 2 BIDDER SUBMISSION FORM

ITB EXHIBIT 3 BID SECURITY FORM

ITB EXHIBIT 4 FIRST TIER SUBCONTRACTOR REPORTING FORM

ITB EXHIBIT 5 PERFORMANCE BOND FORM

ITB EXHIBIT 6 PAYMENT BOND FORM

ITB EXHIBIT 7 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

ITB EXHIBIT 8 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

ITB EXHIBIT 9 SUPPLEMENTAL GENERAL CONDITIONS

ITB EXHIBIT 10 FEDERAL PROVISIONS (MCA GT&C)

ITB EXHIBIT 11 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENTS

ATTACHMENT A STATEMENT OF WORK

ATTACHMENT B TECHNICAL SPECIFICATIONS

ATTACHMENT C PLANS AND DRAWINGS

ATTACHMENT D RESERVED

ATTACHMENT E OREGON AIR NATIONAL GUARD BASE SECURITY REQUIREMENTS/REAL ID

REQUIREMENTS

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SECTION B – DEFINITIONS

B.1 DEFINITIONS:

Together with the Definitions found in Exhibit 8 Section A.1 of the General Conditions for Public Improvement Contracts, the following definitions apply to this ITB and the resulting Contract.

B.1.1 “Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 137-049-0250(2). The plural form of “Addendum” is “Addenda”.

B.1.2 “Agency” or “Owner” means the Oregon Military Department (“OMD”).

B.1.3 “Bid” means the Offeror’s Written offer submitted in response to the ITB, including all necessary attachments and information require to be submitted prior to award. Bid also means “Offer”.

B.1.4 “Bidder” means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

B.1.5 “Closing” (referred to Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.1.6 “Invitation to Bid” or “ITB” means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.7 “Opening” means the date and time set to read the Bid submittals.

B.1.8 “OregonBuys” means the on-line electronic Automated Oregon Procurement System administered by the State’s Department of Administrative Services. The OregonBuys System website is located at: www.OregonBuys.gov.

B.1.9 “State” means the State of Oregon

B.1.10 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings. For Sections A through C of this ITB, unless a hard copy is specified as required, email will satisfy a Written/In Writing requirement.

SECTION C – GENERAL BIDDING INFORMATION AND INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

C.1.1 PRE-BID CONFERENCE

C.1.1 MANDATORY PRE-BID CONFERENCE

C.1.1.1 A mandatory pre-bid conference will be held on June 30, 2026 at 0900 A.M. (PT), located at Portland Air National Guard Base, 6801 NE Cornfoot Rd. Portland, OR 97218. THE PREBID CONFERENCE WILL BE HELD IN BUILDING 140 IN THE CES CLASSROOM. Coordination for base access through the single POC listed in the ITB is mandatory.

C.1.1.2 Bidders who arrive after the start of the pre-bid conference will be denied access and will be deemed nonresponsive ineligible to bid. Please plan on showing up at least 30 minutes prior as the front gate will get backed up

C.1.1.3 Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued from OMD and posted on OregonBuys.

BIDDERS OR THEIR AUTHORIZED REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE AND REGISTER ON THE OFFICIAL SIGN IN SHEET. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO ARE IN COMPLIANCE WITH THIS REQUIREMENT. ALL OTHER BIDS WILL BE CONSIDERED NON-

RESPONSIVE.

Should Contractor find conditions which it believes would impede the work or finds discrepancies between the Statement of Work and existing site conditions, such conditions must be reported immediately to the owner’s representative prior to Bid.

Failure to advise will constitute notice that Contractor is fully satisfied with the existing conditions and that it intends to perform its obligations with no impediments to the Work.

C.1.2 ADDITIONAL SITE ACCESS

http://www.oregonbuys.gov/

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There will be no additional site access for Bidders to view site conditions.

C.1.3 SECURITY REQUIREMENTS FOR FACILITY ACCESS

Access to OMD facilities currently requires valid government issued photo ID. Security personnel are prohibited from accepting non-compliant identification. Bidders are responsible for providing appropriate valid photo identification. OMD is not responsible for Bidders who are turned away for not having proper identification.

BIDDER SHALL NOTE: REAL ID REQUIREMENTS IN EFFECT. AWARDED CONTRACTOR AND SUBS SHALL BE RESPONSIBLE FOR PROVIDING APPROPRIATE VALID REAL ID, PLEASE SEE ATTACHMENT E FOR DETAILED

SECURITY INFORMATION.SINGLE POINT(S) OF CONTACT “POC”

The single Point of Contact “POC” for all questions regarding the ITB, forms, Specifications, Plans, bidding process, changes, clarifications, requests for brand approval, substitution requests, the award process, protests and any other issues that may arise is

Name: Michelle Johnson Address: Oregon Military Department 6801 NE Cornfoot Rd.

Portland, OR 97218 Phone: 503-335-5316 & 503-891-8401 (cell) E-mail: michelle.johnson.38@us.af.mil

C.1.4 ENGINEER AND CONTRACTOR INFORMATION

N/A

C.1.5 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.6.1 REGISTRATION REQUIREMENT:

This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. All vendors must be registered 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.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OMD shall not be responsible for defective registration or incorrect vendor information.

C.1.6.2 Explanation of Terms used in OregonBuys.

• “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment

• “Available Date” ITB issue date for this ITB in OregonBuys.

• “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting

Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

• “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for

Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys

• “Change Order” means A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order

• “Master Blanket Purchase Order” (“MBPO”) means Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

• “Purchase Order” means Any form of project-specific contract (not awarded under an existing MBPO)

• “Quote” means Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation

• “Release Requisition” means any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order

Contract.

• “Vendor” means any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

C.1.6.3 OBTAINING ITB DOCUMENTS:

This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso/ |Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

mailto:michelle.johnson.38@us.af.mil

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Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

Bidder shall provide required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by this ITB must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

Bidder shall not make the Bid contingent upon the OMD’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB. Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected.

C.1.6.4 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” in OregonBuys), 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.

C.1.6 RESERVED

C.1.7 TRADE SECRETS AND CONFIDENTIAL INFORMATION

Any information that Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Offerors are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The State is not liable for disclosure or release of information when authorized or required by law or court order to do so. The State is immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.8 SOLICITATION LAW, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Chapter 137, Divisions 046 and 049 of the Administrative Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.9.1 OREGON REVISED STATUTES

ORS Chapters 279A and 279C – Can be obtained from Legislative Counsel Committee, 101 State Capitol, Salem, OR 97310-0630 or online at: https://www.oregonlegislature.gov/bils_laws?Pages?ORS.aspx

C.1.9.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES

OAR Chapter 137, Divisions 046 and 049 – Can be obtained from the Department of Justice, Publications Center, 16 Justice Building, Salem, OR 97310 or online at: https:///secure.sos.state.or.us/oard/ruleSearch.action

C.1.9.3 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

In addition to the foregoing, this solicitation and the Contracts are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (“General Conditions”) dated January 1, 2012 in Exhibit 8, and the Supplemental General Conditions in Exhibit 9.

C.1.9 BRAND NAME USAGE

C.1.10.1 BRAND NAME:

Any brand name listed in the specifications without an “or equal” “or approved equal” establishes the minimum requirements for quality, utility, durability, function, appearance, and purpose. Other brand names may be used in the construction of the Project as long as they are equal to or better than the product brand named, and the brand named listed is not mandated pursuant to a brand name exemption.

https://www.oregonlegislature.gov/bils_laws?Pages?ORS.aspx https://secure.sos.state.or.us/oard/ruleSearch.action

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C.1.10.2 BRAND NAME “OR EQUAL”:

Any brand name listed in the specifications with an “or equal” establishes the minimum requirements for quality, utility, durability, function, appearance, and purpose. Other brand names may be used in the construction of the Project as long as they are equal or better than the product brand named, and the proposed product has been approved in Writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

During the Project, the Owner’s Authorized Representative will determine, in its sole discretion, whether a product offered is “or equal”.

C.1.10.3 BRAND NAME “OR APPROVED EQUAL”:

Any brand name listed in the specifications with an “or approved equal” or an “or approved equivalent” establishes the minimum requirements for quality, utility, durability, function, appearance, and purpose. Other brand names may be used in the construction of the Project as long as they are equal to or better than the product brand named, and the product has been pre-approved in Writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

As set forth in C.2, OMD will determine, in its sole discretion, whether a product offered is “approved equal”. This determination shall not absolve the requesting Offeror of sole liability related to the proposed product’s failure to meet the specified requirements.

C.2 REQUEST FOR INFORMATION; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST

FOR APPROVED EQUAL; SOLICITATION PROTEST

C.2.1 PROCEDURE:

The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (i) requests for approval of an “equal” or “equivalent” brand; (ii) requests for clarification; (iii) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (iv) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS

Requests for brand approval, requests for substitution, requests for clarification, requests for change, and Solicitation protests must be made in Writing via email and be submitted to the POC identified in Section C.1.4. and cc the project manager morgan.miller.7@us.af.mil

The subject line of the requests must contain the type of request: (Request for Approved Equal, /Request for Clarification, Request for Change, or Solicitation Protest) as well as the OregonBuys Number and ITB Number.

C.2.3 DEADLINE FOR SUBMISSION:

Requests must be received by the POC by 1:00 P.M. (Pacific Time) on July 6, 2026. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein. Late or faxed requests will not be considered.

C.2.4 REQUEST FOR APPROVAL OF AN “EQUAL” OR AN “EQUIVALENT” BRAND

In accordance with Section C.1.10, Offerors shall provide that product unless another is approved through a request for approval of an “equal” or an “equivalent” brand, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests must be made in accordance with C.2.2.

• Requests must provide all the information necessary for the State to determine product acceptability.

• Failure to provide sufficient information with the request will be cause for the request not to be considered as equivalent.

• Any product subsequently approved for substitution will be listed on an Addendum issued by OMD and posted on

OregonBuys.

C.2.5 REQUEST FOR CLARIFICATION

Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, may make a request for clarification or information in accordance with C.2.2. Offeror’s failure to advise OMD of a need for clarification as set forth herein will constitute notice that Offeror is fully satisfied with the existing site conditions and the ITB provisions and that it intends to perform its obligations with no impediments to the Work.

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C.2.6 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS

Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications, in accordance with C.2.2. The request must include the proposed changes, reason for requested changes, and be supported by factual documentation.

C.2.7 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS (SOLICITATION PROTEST)

Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in accordance with C.2.2. The protest must include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

C.2.8 RESPONSE TO REQUESTS FOR CLARIFICATION

Clarifications, whether verbal, in Writing, or included in an Addendum as a “clarification,” do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that OMD determines should be handled by formally amending the ITB, OMD will do so only by announcing such a change in an Addendum posted on OregonBuys, not through information identified as “clarification.”

C.2.9 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR CHANGE AND SOLICITATION PROTESTS

OMD will promptly respond to each properly submitted Written request for brand approval, request for change, and solicitation protest. Where appropriate, OMD will issue ITB revisions via Addenda posted on OregonBuys.

INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY

OMD AND POSTED ON OREGONBUYS.

C.3 ADDENDA PROTESTS; ADDENDA REQUESTS FOR CLARIFICATION OR CHANGE

Protests of Addenda or requests for clarification or requests for change of information contained in Addenda, must be received by the time and date specified in the Addendum or they will not be considered. OMD will not consider requests or protests of matters not added or modified by the Addendum.

C.4 OFFER FORMAT

C.4.1 SIGNATURE IN INK REQUIRED

All Offer documents requiring signature must be signed in blue or black ink by an authorized representative of the Offeror.

C.4.2 IN WRITING

Offers and pricing information must be submitted in hard copy form and be in Writing prepared by typewriter, ink or by computer, and must be signed in ink by an authorized representative of the Offeror. Oral, telegraphic, telephone, e-mail or facsimile Bids will NOT be accepted.

C.4.3 FORMS TO BE USED

Required information must be submitted on the forms specified in the ITB. Any information Offeror submits that is not required to be included on forms prescribed by OMD must be formatted in the manner called for in the ITB and submitted on Offeror’s letterhead.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE OFFER

The items listed in this section C.4.4 must be submitted in accordance with the requirements herein or the Offer will be found to be non-responsive.

The following must be submitted prior to Closing:

• ITB EXHIBIT 1 PRICING SUBMITTAL FORM

• ITB EXHIBIT 2 BIDDER SUBMISSION FORM

• ITB EXHIBIT 3 BID SECURITY FORM

The following must be submitted either with the Bid submission or within two (2) working hours after the Closing:

• ITB EXHIBIT 4 – FIRST TIER SUBCONTRACTOR DISCLOSURE FORM. See Section C.8.2.

C.5 OFFER SUBMISSION

C.5.1 SIGNATURE REQUIRED

OFFER SUBMITTED BY OFFEROR MUST BEAR AN ORIGINAL SIGNATURE. FAILURE TO SUBMIT AN OFFER

BEARING AN ORIGINAL SIGNATURE WILL RESULT IN REJECTION OF THE BID.

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C.5.2 ADDRESS, SEALED ENVELOPE; AND COVER INFORMATION

Offers must be received and date and time stamped at the Oregon Military Department Oregon Air National Guard Branch 6801 NE Cornfoot Rd. Bldg 475 Portland, OR 97218 prior to the Closing date and time. Submissions must be sent through the mail, courier service, OregonBuysor be hand-delivered. Please follow the security requirements for facility access C.1.3, we can accept offers anytime prior to the closing date and time. Offers will not be accepted after the Closing date and time stated on page one (1) of this ITB or as may be extended by any subsequently issued Addenda. Failure to comply with this requirement will result in rejection of the Offer.

Offers must be submitted in sealed PACKAGES OR ENVELOPES. To ensure proper identification and handling, all packages and envelopes must be delivered to the POC listed in Section C.1.4 and be clearly marked with the following information:

POC information from Section C.1.4 Project Name Project Number OregonBuys Solicitation Number Closing Date & Time

BIDDER’S NAME AND ADDRESS

OMD is not responsible for the improper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.6 BID MODIFICATION PRIOR TO CLOSING / BID OPENING DATE

Offers, once submitted, may be modified in Writing before Closing. Modifications made after Offer submission and prior to the Closing date and time, must be (i) prepared on Offeror’s letterhead, (ii) signed by an authorized representative, and (iii) state that the modifications amend and supersede the prior Offer. Failure to comply with the provisions of this paragraph of this Section will result in rejection of the Bid modification.

C.6.1 Nothing in this Section shall be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.6.2 Modifications must be submitted to the POC listed in Section C.1.4 in and marked as follows:

Bid Modification OregonBuys Number and ITB Number Closing Date & Time

C.6.3 Offerors may not modify Offers after Closing.

C.7 OFFER WITHDRAWALS PRIOR TO CLOSING / BID OPENING DATE

C.7.1 IN WRITING

Offers may be withdrawn in Writing when submitted on Offeror’s letterhead, signed by an authorized representative, and properly submitted to the POC prior to the Closing date and time. Offer withdrawals submitted in Writing must be labeled as such and contain the ITB number.

C.7.2 IN PERSON

Offers may also be withdrawn in person before Closing upon presentation of appropriate identification and evidence of authorization to act for Offeror. Signature confirmation of withdrawal may also be required. To withdraw Offers in person, Offeror must make arrangements with the POC to do so during business hours prior to Closing.

C.8 OPENING / FIRST TIER SUBMITTAL

C.8.1 PUBLIC BID OPENING

Offers will publicly opened and read aloud at the Opening on the Closing date and time specified on page one (1) of the ITB. Only the name of the Offeror(s) and the bid amounts will be read. It is optional for Offerors to attend the Public Bid Opening. Award decisions will not be made at the Opening. Bids received after the date and time for Closing will not be considered for award.

C.8.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM

First Tier Subcontractor Disclosure form (Exhibit 4) must be submitted to the POC in hard copy format in a sealed envelope and be date and time stamped within two (2) working hours after the Closing at the Oregon Military Department Oregon Air National Guard Branch 6801 NE Cornfoot Rd. Bldg 475 Portland, OR. Failure to comply with this requirement will result in rejection of the Offer as non-responsive. First tier subcontractor disclosure forms must comply with Section F of this ITB.

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C.8.3 SECURITY REQUIREMENTS FOR BID SUBMISSION AND OPENING

See Section D.

C.9 PRELIMINARY BID RESULTS

Prior to the Intent-to-Award Announcement, OMD may post preliminary bid results on OregonBuys. Such postings may not be correct and are not final.

C.10 TIME FOR OFFER ACCEPTANCE

An Offeror’s Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than 60 calendar days after the Closing date.

C.11 EXTENSION OF TIME FOR OFFER ACCEPTANCE

OMD may request that Offerors extend, in Writing, the time during which OMD may consider their Offers. If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

C.12 METHOD OF AWARD

C.12.1 Provided OMD does not cancel the solicitation or reject all Bids pursuant to OAR 137-049-0270, award will be made to the responsible Bidder submitting the total of the lowest responsive base bid and any alternates selected for award. OMD reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.12.2 METHOD OF BID AWARD (LUMP SUM)

If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if OMD elects not to award additive or deductive alternates, Bids will be compared on the basis of lump-sum prices, or lump-sum base Bid prices, as applicable.

If the ITB calls for a lump-sum base Bid, plus additive or deductive alternates, the total Bid price must be calculated by adding to or deducting from the base Bid those alternates selected by OMD, for the purpose of comparing Bids.

OMD reserves the right to reject all Bids.

C.13 OFFER EVALUATION CRITERIA

Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Offeror who is not otherwise disqualified in accordance with OAR 137-049-0390.

Adjustments made to account for any applicable preferences per Section C.13.3 will be for Offer evaluation purposes only. No such adjustments will operate to amend Offeror’s Offer or any Contract awarded pursuant thereto.

C.13.1 RESPONSIVENESS

For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, OMD may waive minor informalities and irregularities.

C.13.2 RESPONSIBILITY

Prior to award of a Contract, OMD will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-039. In doing so, OMD may investigate Offeror and request information in addition to that already required in the ITB, when OMD, in its sole discretion, considers it necessary or advisable.

OMD shall notify the apparent successful Offeror, in Writing, of any other documentation required for it to complete its responsibility inquiry, which may include, but is not limited to: recent profit-and-loss history, current balance statements, assets-to-liabilities ratio, (including number and amount of secured versus unsecured creditor claims), availability of short and long-term financing, bonding capacity, credit information, material, equipment, facility and personnel information, performance record of Contract performance, and similar information. Submission of a signed Offer shall constitute approval for OMD to obtain any information OMD deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Offer rejection. OMD may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate responsibility as required under OAR 137-049-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under OAR 137-049-0440.

C.13.3 RECIPROCAL PREFERENCES

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In determining the lowest Responsive Bid, OMD will, in accordance with OAR 137-046-0310, add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.

C.14 PROCESSING OF BIDS

Neither the release of a Bid Security, nor acknowledgement that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice of intent to award, or otherwise), shall operate as a representation by OMD that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 [RESERVED]

C.16 REJECTION OF OFFERS

OMD may reject Offers for good cause upon its finding that it is in the public interest to do so.

Offers will be rejected in accordance with OAR 137-049-0440.

C.17 INTENT-TO-AWARD

OMD reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results on OregonBuys (“Intent-to-Award”). The Intent-to-Award shall serve as notice to all Offerors that OMD intends to make an award.

C.18 PROTEST OF INTENT-TO-AWARD

C.18.1 Adversely-affected or aggrieved Offerors have three (3)calendar days from the date of the Intent-to-Award within which to submit a protest. Protests submitted after this date will not be considered. Protests must be made in Writing and must specify the grounds upon which the protest is based.

C.18.2 In order to be an adversely affected or aggrieved Offeror, the Offeror must claim to be eligible for award of the Contract as the lowest responsible Offeror submitting the lowest responsive Offer and that any and all lower Offerors are ineligible to receive Contract award.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

OMD will respond to intent-to-award protests received in Writing from adversely-affected or aggrieved Offerors. However, any response provided by OMD is not intended to, and shall not in and of itself constitute, confirmation that the Offeror is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent to award, or that the protest was timely filed.

C.20 AWARD

After expiration of the intent-to-award protest period in Section C.18 and resolution of all protests, OMD will proceed with final Contract award. (If OMD receives only one Bid, OMD may dispense with the intent-to-award protest period and proceed directly with award of a Contract.)

C.21 COMMENCEMENT OF WORK

Contractor shall not commence Work under the Contract under OMD has issued a Notice to Proceed.

C.22 REVIEW OF AWARDED BID FILES

Upon issuance of the Intent-to-Award, Bid files will be available for review in accordance with Oregon Public Records Law at the Oregon Military Department Installations Division office by appointment only with the POC listed in Section C.1.4 during regular business hours.

C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCESSFUL OFFEROR

C.23.1 INSURANCE

The apparent successful Offeror shall provide all required proofs of insurance to OMD within seven (7) calendar days from the date of the Intent-to-Award. Failure to present the required documents within this period may result in Offer rejection. Offerors are encouraged to consult their insurance agents(s) about the insurance requirements as identified in Section G.3 of the General Conditions for Public Improvement Contracts in Exhibit 8 and the Supplemental General Conditions in Exhibit 9 prior to Offer submission.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to transact insurance business in the State of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable Oregon law

DOJ Approved Version 8-5-25 ITB S-24800-00017299 Page 13 of 56 and are approved by OMD. OMD’s approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.23.2 PERFORMANCE BOND and PAYMENT BOND

The successful Offeror must furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE STATE OF OREGON PERFORMANCE AND PAYMENT BOND FORMS, EXHIBITS 5 AND 6

RESPECTIVELY, ARE THE ONLY FORMS APPROVED AND ARE REQUIRED TO BE USED FOR THIS ITB AND

RESULTING CONTRACT.

The apparent successful Offeror shall provide all required bonding to the POC within seven (7) calendar days from the date of the Intent-to-Award. Failure to present the required documents within this period may be grounds for award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION

The apparent successful Offeror, if a Joint Venture or Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venture or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint ventures will be required to sign the Contract awarded.

C.23.4 CERTIFICATE OF PAY EQUITY TRAINING

Prior to execution of the Contract, the apparent successful Offeror must submit to the POC within fourteen (14) calendar days from the date of the Intent-to-Award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.00.

C.23.5 FOREIGN CONTRACTOR:

If the amount of the Contract exceeds ten thousand dollars ($10,000), and apparent successful Offeror is not domiciled in or registered to do business in the State, apparent successful Offeror shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract.

C.23.6 EXECUTION OF AGREEMENT FORM:

Once all items required under Section C.21 have been received from the apparent successful Offeror and accepted by OMD, OMD will finalize and email the Public Improvement Agreement Form (see Exhibit 7) to the Bidder, which the Bidder shall sign and return in Writing (hard copy or by email, as directed by SPC) and within the timeline designated by SPC. OMD will then sign the Public Improvement Agreement Form and email a fully executed copy of it to the Bidder.

Should apparent successful Bidder, working in good faith, be unable to comply with the timeframes set forth in this Section, apparent successful Bidder shall in Writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which OMD, in its sole discretion, may allow.

In the event that apparent successful Bidder fails to timely provide the information required or execute the Public Improvement Agreement Form in accordance with this Section C.23, Offeror’s Bid Security will be forfeited as set forth in Section D.5.

SECTION D – BID SECURITY REQUIREMENTS

D.1 Each Offer must be accompanied by Bid Security in an amount equal to ten percent (10%) of the total amount of the Offer. OMD will accept only the following forms of Bid Security: (a) A surety bond from a surety company authorized to do business in the State of Oregon; (b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or (c) A cashier's check or Offeror's certified check.

D.2 If Bid Security is furnished by means of a Bid Bond, The State of Oregon Bid Security Form, provided as Exhibit 3, is the required form to be used for this ITB.

D.3 If Bid security is furnished by means of a certified or cashier’s check, Bidder must notify the SPC for submittal instructions. Bid security must be received by the SPC before the Closing.

D.4 Forfeiture of Bid Bond: A Bidder who is awarded a contract and who fails promptly and properly to execute the contract and to deliver the performance bond, the payment bond and the proof of insurance (when bonds or insurance are required), shall forfeit the bid

DOJ Approved Version 8-5-25 ITB S-24800-00017299 Page 14 of 56 security that accompanied the successful Bid. The Bid Security shall be taken and considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and deliver the bonds and proof of insurance.

D.5 Forfeiture of other Bid Security: OMD shall cash the check, draw under the letter of credit, or otherwise collect under the Bid Security, if any of the following occur:

D.5.1 Bidder fails to promptly and properly deliver the performance bond and the payment bond within the time specified in Section C.23.2, or

D.5.2 Bidder fails to furnish certificates of insurance within the time specified in Section C.23.1, or

D.5.3 Bidder fails to execute the Public Improvement Agreement within the time specified by SPC per Section C.23.6.

D.6 Return of Bid Security.

D.6.1. OMD will return the bid security of the successful bidder to the bidder after the bidder:

(a) executes the public improvement contract, and

(b) delivers a good and sufficient performance bond, a good and sufficient payment bond, and any required proofs of insurance in accordance with Section C.23.

D.6.2. OMD may return the bid security of unsuccessful bidders after the bids have been opened and the contract has been awarded.

SECTION E – OREGON PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2, and C.2.3 of the General Conditions for Public Improvement Contracts.

Before starting Work the Contractor must 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.

E.2 This ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates and apprenticeship rates applicable as of the date this ITB was first advertised, which, while not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein and available at the following weblink:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

E.3 The Work will take place in Mulnomah County, BOLI Region TWO (2).

SECTION F – INSTRUCTIONS FOR FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(EXHIBIT 4)

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Offerors are required to disclose information about certain first-tier subcontractors when OMD estimates the Contract value for a Public Improvements to be greater than $100,000. Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, will be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

• The subcontractor’s name,

• Dollar value and,

• The category of work that the subcontractor would be performing.

If the Offeror will not be using any subcontractors that are subject to the above disclosure requirements, the Offeror is required to indicate “NONE” on the Disclosure Form (Exhibit 4).

F.2 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers that are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and will not be considered for Contract award.

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OMD MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS

INFORMATION BY THE STATED DEADLINE

OMD shall obtain, and make available for public inspection, the disclosure forms required by OAR 137-049-0360. OMD shall also provide copies of disclosure forms to the BOLI as required by ORS 279C.835. OMD is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors must be made only in accordance with

ORS 279C.585.

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State of Oregon – Oregon Military Department Invitation to Bid

EXHIBIT 1

PRICING SUBMITTAL FORM

PRICING SUMITTAL INSTRUCTIONS:

Offerors must enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this Pricing Submittal Form is replaced by Addendum, Offerors must use the Addendum form to provide pricing and other required information. If the Pricing submittal Form is only modified by Addendum, Offerors must follow the instructions in the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form or subsequent Addenda may result in Bid rejection as non-responsive.

BASE BID

BASE BID To include all work described in the ITB, Statement of Work, Plans, Specifications, drawings, and any issued Addenda. Contractor shall provide all labor, new unused parts, new unused material and equipment necessary to deliver a complete and useable system per CLIN # or Building.

TOTAL BASE BID -: $_________________________

Number DESCRIPTION UNIT UNIT Cost TOTAL PRICE 1 Crack Seal $ $ 2 Fog Seal $ $ 3 Patch and Repair $ $ 4 Pavement Markings $ $ 5 Mill and Overlay 6 Mobilization $ $ 7 East Apron 8 West Apron Total of items 1 through 8 $

BIDDER INFORMATION

COMPANY NAME:

ADDRESS:

AUTHORIZED REPRESENTATIVE NAME: TITLE:

SIGNATURE: DATE:

EMAIL ADDRESS:

CONTACT PHONE: CELL:

CCB NUMBER: Expiration Date:

UEI NUMBER: FEIN:

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Invitation to Bid

EXHIBIT 2

BIDDER SUBMISSION FORM

SECTION A – OFFEROR INFORMATION

Business Name:

Owner(s) Name:

Business Address:

Telephone Number:

Fax Number:

Email Address:

FEIN Number:

UEI Number:

Name of Public Works Bonding Company:

Address of Public Works Bonding Company:

Agent Name/Phone:

Public Works Bond Number:

SECTION B - CONSTRUCTION CONTRACTORS BOARD REGISTRATION REQUIREMENTS

Offerors must be licensed with the State of Oregon Construction Contractors Board (“CCB”) (ORS 701.055) prior to bidding on Public Improvement Contracts. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION.

All subcontractors participating in the project must be similarly registered with the CCB before the subcontractors commence Work under the Contract. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

CCB NUMBER: Expiration Date:

SECTION C - JOINT VENTURE/PARTNERSHIP DISCLOSURE

The Offeror shall disclose whether the Offer is submitted by either a partnership or joint venture by selecting No or Yes below.

NO: YES:

If yes, the Offeror shall provide the name of the contact person for the partnership or joint venture.

Name:

SECTION D –ADDENDA ACKNOWLEDGEMENT

OMD reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addenda, prior to the Closing time and date. Addenda will be posted on OregonBuys. OMD is not responsible for an Offeror’s failure to receive notice of Addenda if such are advertised in the foregoing manner.