63500-00010819 ITB for Klamath Hatchery - New Hatchery Building.pdf

State of Oregon

Invitation to Bid For the

Klamath Hatchery - New Hatchery Building

Engineering Project No. 20-026

OregonBuys Solicitation # S-63500-00010819

DEPARTMENT OF FISH AND WILDLIFE

Closing Date & Time (“Bid Opening Date”)

Date: August 21, 2024, TIME: 2:00 PM (Pacific)

SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”):

Any questions or issues that may arise regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, award process, protests and any other issues must be directed to the SPC identified below. Note: OregonBuys refers to SPC as “Purchaser:”

Jake Howard Jake.e.howard@odfw.oregon.gov 4034 Fairview Industrial Drive SE Salem OR 97301 971-600-4697 mailto:Jake.e.howard@odfw.oregon.gov

ITB Number: S-63500-00010819 Klamath Hatchery - New Hatchery Building

Notes:

• 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 C.1. – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• This document must be viewed electronically in order to access files, forms, provisions and any other documents provided via hyperlinks within this ITB.

Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda or other documents may contact the Purchaser/SPC listed in the OregonBuys system for alternative formats and any reasonable accommodations that might be needed.

https://oregonbuys.gov/bso/

TABLE OF CONTENTS

SECTION A PROJECT SUMMARY

SECTION B DEFINITIONS

SECTION C INSTRUCTIONS TO BIDDERS

SECTION D AWARD

ATTACHMENT A BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

• FORM A-3: BID SECURITY FORM

• FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

ATTACHMENT B TECHNICAL SPECIFICATIONS

Klamath Hatchery – New Hatchery Building, prepared by Daniel Cook, Project Engineer on April 24, 2024. Attachment B is found as one separate upload on OregonBuys.

ATTACHMENT C PLANS

• ATTACHMENT C-1 KLAMATH HATCHERY, NEW HATCHERY BUILDING,

LUMBER DESIGN (Lumber sheets 1 - 63, dated March 28, 2023, with revisions dated March 29, 2024).

• ATTACHMENT C-2 KLAMATH HATCHERY, NEW HATCHERY BUIDLING

FOR MITIGATED DESIGN (sheets 1 - 63, dated July 20, 2023, with revisions dated March 29, 2024)

Attachment C is found as two separate uploads on OregonBuys.

ATTACHMENT D SAMPLE PUBLIC IMPROVEMENT AGREEMENT, FORMS AND EXHIBITS

• ATTACHMENT D-1 SAMPLE IMPROVEMENT AGREEMENT FORM

• ATTACHMENT D-2 PERFORMANCE BOND FORM

• ATTACHMENT D-3 PAYMENT BOND FORM

• ATTACHMENT D-4 GENERAL CONDITIONS

• ATTACHMENT D-5 INSURANCE REQUIREMENTS

ATTACHMENT E ADDITIONAL PROJECT REQUIREMENTS

• ATTACHMENT E-1 REQUIRED FEDERAL TERMS AND CONDITIONS

• ATTACHMENT E-2 INADVERTANT DISCOVERY PLAN FOR CULTURAL

RESOURCES AND HUMAN REMAINS

• ATTACHMENT E-3 APPRENTICESHIP REQUIREMENTS

• ATTACHMENT E-4 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

SECTION A - PROJECT SUMMARY

PROJECT DESCRIPTION:

The purpose of this ITB is to establish a contract for a new Hatchery Building at the Klamath Hatchery (“Project”) for the benefit of the Oregon Department of Fish and Wildlife (the “Contract”). The work contemplated under this Contract (the “Work”) includes all labor, materials, transportation, equipment, permits, and services for, and incidental to, the completion of all Work in connection with the project described in the Contract Documents.

Contractor shall provide all necessary expertise, labor, equipment, materials, incidentals, and permits required to complete the Project as more fully described in the Contract Documents, including:

1. Construct new hatchery building on site of previous hatchery building, which burned down in 2020 fires. The new hatch building shall be constructed as a non-combustible concrete walled building or a wood framed building dependent on cost.

2. Construct wall system, roof trusses, attic floor framing, electrical, plumbing, HVAC; connect to existing 12” process water supply line and existing 6” pump line, new discharge piping and storm piping including new manhole, concrete vaults and catch basins.

3. Site work including retaining walls, septic system, concrete sidewalks, and site restoration.

The Work to be performed under this Contract shall consist of furnishing tools, equipment, materials, supplies, and manufactured articles and furnishing transportation and services, including fuel, power, water, and essential communications, and the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.

PROJECT LOCATION:

Klamath Hatchery 46161 Hwy. 62 Chiloquin, Oregon 97624

PROJECT COST ESTIMATE AND FUNDING:

The following range is a Project estimate for bonding purposes: $5,000,000.00.

This Project is anticipated to be funded with State and federal funds, as detailed below. Award is dependent upon Contracting Agency’s receipt of sufficient Project funding.

State Insurance Reimbursement: Funds from insurance settlement from 2020 fire.

Federal Emergency Management Administration (FEMA) Funding: FEMA Public Assistance (“PA”) Grant funds will be used, if needed, to fund a portion of the Project. Therefore, additional federal terms and conditions are included in this ITB in Attachment E-1 and will apply to any resulting Contract to ensure compliance with the PA Grant award should federal funds be used to complete the Project. Note, the Public Assistance Grant program is not subject to the Build America, Buy America Act (BABAA) requirements (https://www.fema.gov/grants/policy-guidance/buy-america/programs-definitions#not-subject).

KEY PROJECT DATES:

PROJECT START DATE: Within 7 calendar days from issuance of Notice to Proceed

SUBSTANTIAL COMPLETION: No later than December 14, 2025

FINAL COMPLETION: No later than December 31, 2025 https://www.fema.gov/grants/policy-guidance/buy-america/programs-definitions#not-subject https://www.fema.gov/grants/policy-guidance/buy-america/programs-definitions#not-subject

LIQUIDATED DAMAGES:

Liquidated damages of $500 per calendar day will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See also ITB Attachment D-1)

PREVAILING WAGE RATES-BOLI AND DAVIS-BACON:

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

The Work will take place in Klamath County, BOLI Region 11.

This ITB and the resulting Contract are also subject to the federal wage rates and fringe benefits listed in the version of the publication “General Wage Determinations Issued under the Davis-Bacon and Related Acts” that is most recently published prior to the Bid Closing Date set forth in this ITB.

Bidders may obtain the applicable federal rates through the following U.S. Department of Labor links:

https://sam.gov/content/wage-determinations and https://www.dol.gov/agencies/whd/government-contracts/construction/faq/conformance.

Bidders are advised that federal Davis-Bacon rates may be amended at any time prior to the Bid Opening Date and that Contractors remain responsible for meeting federal Davis-Bacon Act and Related Acts requirements and State of Oregon prevailing wage rate requirements.

The awarded Contractor shall pay the higher of the applicable BOLI wage rates and fringe benefits or the applicable federal wage rates and fringe benefits.

SOLICITATION SCHEDULE:

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

ACTIVITY SCHEDULE/DEADLINE

Mandatory Pre-Bid Conference See C.0.1 of ITB

Deadline for solicitation protests, requests for change, requests for clarification, requests for brand name/ product substitutions, and questions

July 31, 2024, at 2:00 PM

Deadline for Bid Submittal August 21, 2024, at 2:00 PM

Public Opening Immediately after Bid Opening Date and time. (See

Section D.02 for details on attending Public Opening)

Deadline for Award Protest 7 calendar days after issuance of the Notice of Intent-to-

Award. See ITB section D.5

Final Award 10 days after issuance of the Notice of Intent to Award, unless otherwise extended by ODFW via Addendum https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://sam.gov/content/wage-determinations https://www.dol.gov/agencies/whd/government-contracts/construction/faq/conformance

SECTION B – DEFINITIONS

Together with the Definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract.

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

"Agency" means the Oregon Department of Fish and Wildlife (“ODFW”)

"Bid" (referred to as “Quote” in OregonBuys) means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award (see C.8.2, Bid Package Requirements). Bid also means "Offer".

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

"Closing" (referred to as “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.

"DAS" means the Oregon Department of Administrative Services

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

“OregonBuys” means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/

“Owner” means the State of Oregon acting by and through the Oregon Department of Fish and Wildlife.

“Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

"State" means the State of Oregon.

“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.

SECTION C – INSTRUCTIONS TO BIDDERS

C.0 GENERAL BIDDING INFORMATION

C.0.1 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on July 17, 2024, at 1:00pm (Pacific). The in-person conference will be located at the Klamath Hatchery, 46161 Hwy. 62, Chiloquin, Oregon 97624. Please meet in the parking area next to the rearing ponds.

Any statements made at this conference will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB unless an Addendum has been issued from ODFW and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO ATTEND THE MANDATORY PRE-BID CONFERENCE, DIRECTLY OR

THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS

WHO ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE

CONSIDERED NON-RESPONSIVE.

C.0.2 SITE ACCESS: Additional site access will not be provided.

C.1 OREGONBUYS/ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT: Bidders must be registered in OregonBuys to do business with the State. Registration is free. To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see Supplier Resources:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

Suppliers are responsible for ensuring that their supplier registration and information is current and correct in OregonBuys, including choosing any commodity or service codes associated with its business. ODFW shall not be responsible for defective registration or incorrect supplier information. Suppliers shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

C.1.2 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. This ITB and attachments will not be mailed to prospective Bidders.

In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

Bidders should contact the Purchaser/SPC for this ITB if they are unable to access solicitation documents via OregonBuys.

C.1.3 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.

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

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://oregonbuys.gov/

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

• Amendment: Any form of notice posted on OregonBuys associated with the solicitation, such as intent to award or solicitation cancellation, including an “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1) (an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document).;

• Bid Opening Date: The OregonBuys term for “Closing” as defined in OAR 137-046-0110(6) (the date and time specified in a Solicitation Document as the deadline for submitting Offers).

• Bid Solicitation: Refers to the Invitation to Bid (“ITB”).

• Purchaser: Refers to Single Point of Contact identified on Cover Page of ITB.

• Quote: Bid Package (see Section C.8).

C.2 SOLICITATION LAWS, 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 (“ORS”) and the implementing regulations in the Oregon Administrative Rules (“OAR”). See OAR Chapter 137, Divisions 046 and 049.

Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.2.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained online at:

https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx

C.2.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES – OAR Chapter 137, Divisions 046 and 049 can be obtained online at: http://arcweb.sos.state.or.us/banners/rules.htm

C.2.3. In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS ("General Conditions") dated January 1, 2012, as modified by the Oregon Department of Justice on April 26, 2024, which is incorporated herein by this reference in Attachment D-4.

C.2.4. COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION: The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity. See also Executive Order No. 22-15.

C.3. BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAMES: This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless an exemption has been granted under ORS 279C.345(2).

C.3.2. EQUIVALENTS. This ITB (including Plans and Specifications) may identify products by brand name or equivalent (such as "approved equal"; "or equal"; "approved equivalent" or "equivalent," or similar language). In such case, Bidder may use either the (i) brand name product, or (ii) an equivalent product.

An equivalent product is one approved in writing by ODFW in its sole discretion upon finding that the proposed product satisfies Project needs for quality, utility, durability, function, and purpose.

https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx http://arcweb.sos.state.or.us/banners/rules.htm

C.4. REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION, OR CHANGE;

SOLICITATION PROTESTS

C.4.1 REQUEST FOR APPROVAL OF EQUIVALENTS: Requests shall provide all the information necessary for the Agency to determine product acceptability (see Section C.3.2). Requests shall reference any applicable Specification sections. Agency will issue an Addendum identifying any approved Equivalent products.

C.4.2 REQUEST FOR CLARIFICATION: Bidders may request clarification of ITB requirements per the method provided in C.4.5., below.

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications. The request shall include a statement of the requested changes and the reason for the requested changes.

C.4.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Bidder may submit a protest of the contractual terms and conditions, plans, or specifications. The protest shall include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and a statement of the desired changes to the contractual terms and conditions, plans or specifications.

C.4.5 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS: Requests for approval of brand equivalents, requests for clarification, requests for changes, and protests of the ITB provisions shall be made in Writing via email to the Purchase/SPC and marked as follows:

Email Subject Line: Bid Request for: Brand Approval/ /Request for Clarification/Request Change/Protest of ITB Provisions

Body of email to include: ITB Number and Bid Opening Date

Requests and solicitation protests must be received by the Purchaser/SPC by 2:00 P.M. (Pacific time) on July 31, 2024. Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.4.6 RESPONSES. ODFW will respond to properly submitted requests and protests. ODFW may post question and answer documents on OregonBuys to respond to inquiries when ODFW determines, in its sole discretion, the answers do not effect changes to this ITB. ODFW may also informally respond to Bidder questions. When appropriate, including approvals of Brand Equivalents, ODFW will amend the ITB via Addenda.

Unless ODFW amends the ITB by Addendum, ODFW response does not change Plans, Specifications, contractual terms, or procurement requirements.

C.5. REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF ADDENDA

Requests for clarification, requests for change, and protests of Addenda must be received by the time and date specified in the Addendum or they will not be considered. ODFW will not consider requests or protests of matters not addressed by the Addendum.

C.6. TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under Oregon Revised Statutes (“ORS”) 192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192. Bidders 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 Bidders that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7. BID PACKAGE SUBMISSION

C.7.0. BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than one-hundred twenty (120) calendar days from the Bid Opening Date.

ODFW may request that Bidder extend the time period during which ODFW may consider and accept the Bid. If Bidder agrees to such an extension, the bid shall continue as an irrevocable, valid and binding Bid binding on the Bidder for the agreed-upon extension.

C.7.1. SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys. Agency will reject submittals by any other means. Each electronic file or attachments must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments, so the total submittal does not exceed 5 megabytes.

For information on how to submit an electronic response to an opportunity, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicit ation%20Response.pdf

C.7.2. BID PACKAGE REQUIREMENTS.

1.) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

2.) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

3.) Bid Security. Bidder must submit Bid Security as set forth below by the Bid Opening Date.

o Each Bid must be accompanied by a fully executed certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond, payable to the Oregon Department of Fish and Wildlife in an amount equal to ten percent (10%) of the total amount of the Bid (“Bid Security”).

o If Bid Security is furnished by means of a Bid Bond, the State of Oregon Bid Security Form, provided as Attachment A, Form A-3, is the required form to be used for this ITB and it must be upload via an electronic file on OregonBuys.

o Upon request or demand by Agency, Bidder must immediately furnish the original of any Bid Security submitted via electronic means to the SPC.

4.) First-Tier Subcontractor Disclosure Form. Bidder must complete and submit Attachment A, Form A-4 either (i) with the Bid submission via Oregon Buys or (ii) via e-mail to the Purchaser/SPC within two (2) working hours after the Bid Opening Date.

C.7.3. SIGNATURES: All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by ODFW.

C.7.4. TIMELINESS. Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. ODFW shall not be responsible for and will not accept late or mis-delivered Bids, protests, or other submittals.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

C.7.5. FAILURE OF ELECTRONIC SYSTEMS. ODFW is not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of the State’s Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, ODFW may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after the Electronic Procurement System or email system becomes available.

C.7.6. HARD COPIES AND ORIGNALS. ODFW reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package. Further, ODFW reserves the right to require that the apparent successful Bidder promptly submit its complete original signed Bid to ODFW.

C.8. BID MODIFICATION PRIOR TO THE BID OPENING DATE

Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Modifications made after Bid submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Failure to comply with the provisions of this section will result in Bid rejection.

Nothing in this section shall be construed as allowing the Bidder 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.

Bidders may not modify Bids after the Bid Opening Date.

C.9. BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/Bid Opening Date and time specified in OregonBuys for this

ITB.

SECTION D—AWARD

D.0 BIDS RECEIVED; BID OPENING

D.0.1. BIDS RECEIVED: Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB. Bids received after the Bid Opening Date will not be considered for award.

D.0.2 PUBLIC OPENING: The public Opening will occur immediately following the Closing, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

ODFW will hold the public Opening through electronic means. Interested parties may attend the public Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

A Microsoft Teams meeting will be held at 2:00 PM for the public Opening following the Closing. Be sure to have MS Teams access available on your computer or mobile phone and follow the following link:

To join the meeting click the link:

ITB Number: S-63500-00010819 Klamath

Hatchery - New Hatchery Building

Dial-in by phone +1 503-446-4951 Phone conference ID: 637 152 146# https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTcxOTgzZDMtOWZmYi00NzA1LWIxOGUtZDVlMDNjODIxMGYw%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22bf053dd9-6b73-4ef7-a5b7-dcbc926fc86d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTcxOTgzZDMtOWZmYi00NzA1LWIxOGUtZDVlMDNjODIxMGYw%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22bf053dd9-6b73-4ef7-a5b7-dcbc926fc86d%22%7d

D.1 PRELIMINARY BID RESULTS

Following public Opening, ODFW may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final. The posting of the preliminary bid results shall not operate as a representation by ODFW that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2. METHOD OF AWARD

Provided ODFW 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 Bid, calculated as follows.

1. LUMP SUM: If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if ODFW 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 will be calculated by adding to or deducting from the base Bid those alternates selected by ODFW, for the purpose of comparing Bids.

2. UNIT PRICE: If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the

Bidder and adjusting for any additive or deductive alternates selected by ODFW, for the purpose of comparing Bids. ODFW will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. (See OAR 137-049-0350(2)(b)).

ODFW may Award by Bid item, groups of bid items or the entire Bid provided such Award is in the public interest.

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE: In determining the lowest Responsive Bid, ODFW 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. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid or any Contract awarded pursuant thereto.

D.2.2. RESPONSIVENESS: For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Bids may be considered non-responsive and rejected if it:

• includes non-approved alternate product brands where approval is required,

• takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected,

• is contingent upon OFDW or the Agency’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB, or

• is unreadable.

In making a responsiveness determination, ODFW may waive minor informalities as described in OAR 137-049-0350, and ODFW may seek clarification of any response that, in its sole discretion, it deems necessary or advisable. However, Bidders may not supplement their Bids to provide for missing information.

D.2.3. RESPONSIBILITY: Prior to award of a Contract, ODFW will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, ODFW may investigate Bidder and request information in addition to that already required in this ITB in Attachment A, Form A-1, Responsibility Inquiry, when ODFW, in its sole discretion, considers it necessary or advisable.

ODFW shall notify the apparent successful Bidder, 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 Bid shall constitute approval for ODFW to obtain any information ODFW deems necessary to conduct the evaluation.

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

D.3. REJECTION OF BIDS

D.3.1. REJECTION OF ALL BIDS: ODFW may reject all Bids for good cause upon its finding that it is in the public interest to do so. ODFW will issue written findings if all offers are rejected.

D.3.2. LIQUIDATED AND DELINQUENT DEBT: ODFW may reject a particular Bid if a Bidder has liquidated, and delinquent debt owed to the State or any department or agency of the State.

D.3.3. REJECTION OF PARTICULAR BIDS: ODFW may reject a particular Bid for any of the reasons listed under OAR 137-049-0440.

D.4. NOTICE OF INTENT-TO-AWARD

ODFW will issue to each bidder or post, electronically or otherwise, a notice of its intent to award a contract, pursuant to ORS 279C.375.

D.5. PROTEST OF INTENT TO AWARD

Bidders who are adversely or affected or aggrieved because all other Bids were nonresponsive or ODFW committed a violation of a provision of the ITB or procurement statute or administrative rules in evaluation of the Bids may submit a protest of the Notice of Intent to Award. The protest must be in Writing, specify the grounds upon which the protest is based and be submitted via email to the Purchaser/SPC within seven days after issuance of the Notice of Intent-to-Award. Protests received after that date will not be considered. See also OAR 137-049-0450.

D.6. FINAL AWARD

Upon expiration of the intent-to-award protest period (or after affirmation of the Award following a protest, if any) the Award will be final. If only one Bid is submitted, there will be no Intent to Award protest period.

D.7. INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following information to ODFW within 3 days of Final Award.

Failure to present the required documents within the time period required may result in revocation of award and forfeiture of the Bid Security as described in D.8.1, below. Should Awarded Bidder, working in good faith, be unable to meet the required timeframes set forth in this Section, 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 Agency, in its sole discretion, may allow.

• Proof of Insurance: Awarded Bidder shall furnish proof of insurance meeting the requirements provided in Attachment D-5.

• Performance and Payment Bonds. Using the forms provided in Attachment D-2 and Attachment D-3 the successful Bidder shall 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.

• W-9 Form: Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at:

http://www.irs.gov/pub/irs-pdf/fw9.pdf.

D.8.EXECUTION OF PUBLIC IMPROVEMENT AGREEMENT

ODFW will provide Awarded Bidder with the finalized Agreement documents, which Awarded Bidder shall execute within the timeframe specified by the Purchaser/SPC.

D.8.1. FOREFEITURE OF BID SECURITY: A Bidder who is awarded a contract and who fails to 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), within the times specified in D.7, shall forfeit the Bid 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.9. RETURN OF BID SECURITY

D.9.1. ODFW shall 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 D.7

D.9.2. ODFW may return the Bid Security of unsuccessful Bidders after the Bids have been opened and the Contract has been awarded.

D.10. REVIEW OF SOLICITATION FILES

Completed solicitation files are available for public review at ODFW by appointment during regular business hours (Monday through Friday) or as otherwise arranged. See also OAR 137-049-0400.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

ATTACHMENT A BID PACKAGE FORMS

FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

FORM A-2: PRICING FORM

FORM A-3: BID SECURITY FORM

FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

ATTACHMENT A

FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB S-63500-00010819

KLAMATH HATCHERY – NEW HATCHERY BUILDING

Business Name:

Is Bidder authorized to transact business by the Oregon Secretary of State? Yes ____ No_____

• If yes, provide business registry number or otherwise describe

Authorization:_____________________

Owner(s) Name:

Business Address:

• Bidder is a (___) Resident Bidder. "Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder”). OAR 137-046-0110)

• Bidder is a (___) Non-resident Bidder. "Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (OAR 137-046-0110). When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract.

Telephone Number:

Email Address:

FEIN Number:

Unique Entity Identifier (UEI) Number:

Bidders must be licensed with the State of Oregon CCB (ORS 701.055) prior to bidding on Public Improvement Contracts. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION. Each subcontractor participating in the project must be similarly registered with the Construction Contractors Board before each subcontractor commences Work under the Contract.

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: _______________________

EXPIRATION DATE OF CCB NO.: __________________

Contract Authorized Representative: ___________________________________________________________________

If Bidder is a joint venture or partnership, the individual named above must be authorized to sign on its behalf and execute agreements. Additionally, upon request, Bidder shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid 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 partnership.

PUBLIC WORKS BOND

Pursuant to ORS 279C.830(2) and OAR 839-025-0015, Contractor and every subcontractor shall have a Public Works bond filed with the Construction Contractors Board before starting Work on the project, unless otherwise exempt. This bond is in addition to performance bond and payment bond requirements.

Name of Public Works Bonding Company:

Address of Public Works Bonding Company:

Agent Name/Phone:

Public Works Bond Number:

SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

ODFW promotes and applies a policy of diversity, equity and inclusion in public contracting by engaging in efforts to increase public contracting opportunities for businesses and enterprises that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055.

Provide the company name(s) of any subcontractor certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, an emerging small business, or a veteran-owned business, that Bidder intends to utilize in the performance of this Contract.

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

RESPONSIBILITY INQUIRY

Bidder may add additional lines to this section and form as needed to provide the required information.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES_____/NO_____

2. Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within

Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number: ______

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response: ______________________________________________________________________

3. Has Bidder been debarred or otherwise disqualified from bidding on contracts by any state, local or federal agency under any state or federal law? YES______/NO______

If yes, please provide and explanation: _______________________________________________

4. Within the last three years, has Bidder had:

a. any contracts terminated for default by any government agency, or

b. any lawsuits filed against it by creditors or involving contract disputes?

YES________ / NO_________

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

5. Within the last three years has Bidder been criminally or civilly charged, indicted or convicted in connection with:

a. obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

b. violation of federal or state antitrust statutes relating to the submission of bids or Proposals, or

c. embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

YES________ / NO________

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges below.

6. Does Bidder have any outstanding or pending judgments against it? YES____________/ NO________

If yes, please explain:__________________________________________________________________

7. Is Bidder experiencing financial distress or having difficulty securing financing? YES_____ / NO______

If yes, please explain:____________________________________________________________

8. Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period?

YES_________/ NO________

If “NO”, please provide additional details:_________________________________________________

9. Within the last three years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES _____/ NO_____

If "YES," provide the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.____________________________________________________________________

10. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES ______/NO _______

If "NO," please explain__________________________________________________________________

11. Pay Equity Certificate. This certificate is required if Bidder employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services?

YES ______/ NO ____/ N/A____. [If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

12. Does Bidder have documented diversity, equity and inclusion values and practices as required pursuant to Executive Order 22-15? YES ________/NO________

13. Within the last three years has the Offeror, or any officer, partner, agent or employee of Offeror been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts and ORS 279C.800 – ORS 279C.870) in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

YES_____/NO_______

If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) The circumstances behind any violation, including the amount(s) not paid

(b) Whether the amount(s) have now been paid

(c) The reasons for the violation

(d) All efforts undertaken to ensure that future violations will not occur

Record of Satisfactory Performance.

Bidder must demonstrate that it has completed previous contracts of a similar nature with a satisfactory record of performance. Bidder shall provide the information below for three different projects completed within the last three (3) years that demonstrate Bidder’s experience with projects of similar size, scope, and complexity to the Project which is the subject of this ITB. Bidder must provide contact information for the individual who can describe the quality of workmanship and service that the Bidder provided on current and past projects of similar size and complexity.

ODFW reserves the right to choose and investigate any contact or reference (whether or not furnished by the Bidder), and to investigate past performance with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of service on schedule, and its lawful payment of suppliers, subcontractors, and employees.

Bidder may add additional lines to this form as needed to provide the required information.

Project #1

Description of Project: __________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Contract Amount: __________________________

Project Owner: _______________________

Project Contact (name, phone and email): _____________________________________________

Did the project owner ever find that you were materially deficient in contract performance? Yes or No

If Yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action? Please explain: ___________________________________________

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform a previous contract were within your control? Yes or No

Project #2

Description of Project: __________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Contract Amount: __________________________

Project Owner: _______________________

Project Contact (name, phone and email): _____________________________________________

Did the project owner ever find that you were materially deficient in contract performance? Yes or No

If Yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action? Please explain

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform a previous contract were within your control? Yes or No

Project #3

Description of Project: __________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Contract Amount: __________________________

Project Owner: _______________________

Project Contact (name, phone and email): _____________________________________________

Did the project owner ever find that…