REQUEST FOR PROPOSALS (“RFP”)

State of Oregon, Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Department of Administrative Services, Enterprise Asset Management (“DAS EAM”)

Labor & Industries Building Modernization

RFP #: S-10700-00017499

Construction Manager/General Contractor (“CM/GC”) Services

Proposals Due: September 25, 2026, at 2:00 PM Pacific Time (“PT”)

SINGLE POINT OF CONTACT (“SPC”): Stacy Jo Lenroot, State Procurement Analyst Department of Administrative Services, State Procurement Services 1225 Ferry St. SE, Salem, OR 97301 Phone: (971) 283-5234

I. Introduction

TABLE OF CONTENTS

A. Request for Proposal Invitation B. Single Point of Contact (“SPC”) C. Mandatory Pre-Proposal Conference D. Definition of Terms E. Solicitation and Project Schedule

II. Project Information

A. Background B. Project Overview C. Project Approach D. Project Team E. Target GMP F. Applicable OARs and RFP Provisions

III. Services and Work to be Provided

A. Description of Services and Work B. Special Requirements

IV. Proposal Information, Procedures and Requirements

A. Requests For Clarification or Changes and Protests B. Prevailing Wage Rates C. Oregon Public Records Law D. Binding Offer E. Reservation Of Rights F. Cost of Proposals G. Proposals Property of DAS H. Modification Or Withdrawal of Proposal I. Closing and Public Opening of Proposals J. Substantial Compliance Required K. Proposal Submission

V. Proposal Evaluation Process

A. General B. Responsiveness, Responsibility and Rejection of Proposals C. Evaluation Criteria D. Cost Proposal Scoring E. Competitive Range Selection F. Competitive Range Protests G. Interviews H. Notice of Intent to Award I. Protest Of Award J. Post-Selection Conference

VI. CM/GC Contract and Negotiations

A. Process B. Form of Contract C. Contract Information

RFP Attachments:

Attachment A – Proposer Representations and Certifications Form Attachment B – Certified Business Firm (“COBID”) Outreach Plan Attachment C – Cost Proposal Form Attachment D – Sample Construction Manager/General Contractor (“CM/GC”) Contract

Exhibit A State of Oregon General Conditions for Public Improvement

Contracts (“General Conditions”) Exhibit B Supplemental General Conditions Exhibit C GMP Amendment To CM/GC Contract Exhibit D Early Work Amendment To CM/GC Contract Exhibit E Cost for General Conditions Work Matrix Exhibit F Draft Project Schedule Exhibit G Collaborative Project Delivery (“CPD”) Exhibit H Contract Closeout Compliance Checklist Exhibit I Performance Bond Form Exhibit J Payment Bond Form

Attachment E – Site Map

I. INTRODUCTION

A. REQUEST FOR PROPOSALS INVITATION

The State of Oregon (the “State”), acting by and through its Department of Administrative Services (“DAS”), State Procurement Services (“DAS SPS”), on behalf of Department of Administrative Services, Enterprise Asset Management (“DAS EAM”) (collectively, the “Owner”), through this Request for Proposals (“RFP”) requests Proposals from experienced construction manager/general contractor (“CM/GC”) firms for the CM/GC delivery of the Labor & Industries Building Modernization located at 350 Winter Street NE Salem, Oregon (the “Project”), which will include preconstruction services (the “Preconstruction Services” or “Preconstruction Phase Services”), and renovation and construction services (the “Construction Services” or “Construction Phase Services”), and all related support services (collectively, the “Work”).

Interested CM/GC Proposers responding to this RFP will be evaluated based upon qualifications, relevant prior experience, proposed Project approach (including schedule and plan for completing the Work), costs and associated fees, and any other evaluation criteria identified in this RFP. All Proposers must be registered with the Oregon Construction Contractors Board (“CCB”) prior to submitting Proposals. Failure to register will be sufficient cause for DAS SPS to reject a Proposal as non-responsive, and for treatment of the Proposer as non-responsible.

The CM/GC contract (“CM/GC Contract” or “Contract”) with the selected CM/GC will be based on the sample contract attached to this RFP as Attachment D, which will initially authorize only performance of Preconstruction Phase Services. Construction Phase Services and other Work, if authorized, will be added through an Early Work Amendment or a Guaranteed Maximum Price (“GMP”) Amendment. Alternatively, Owner may choose not to continue the CM/GC Contract beyond the Preconstruction Phase Services and reserves all rights to terminate the CM/GC Contract at any time, according to its terms.

The documents for this RFP (“RFP Documents”) consist of this RFP plus all attachments and all documents incorporated by reference into this RFP or into the attachments, plus any addenda to this

RFP.

Copies of the RFP Documents are available on the State of Oregon electronic procurement system OregonBuys (OregonBuys”) located at http://oregonbuys.gov/. The RFP documents can be found under the "attachments" folder. All Proposers 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. Proposers are responsible for ensuring that their vendor information is current and correct in OregonBuys. The Owner shall not be responsible for defective registration or incorrect vendor information.

Modifications, if any, to this RFP will be made by Written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addendum has been issued. Addenda are incorporated into the RFP by this reference.

B. SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the cover page of this RFP, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP solely to the

SPC.

C. MANDATORY PRE-PROPOSAL CONFERENCE

1. A mandatory pre-proposal conference, or multiple pre-proposal conferences as described below, will be held on August 12, 2026, at 2:00 PM (PT) at the Executive Building located at 155 Cottage St. NE, Salem, OR 97301 (check-in at the Main Lobby).

DAS SPS will be scheduling appointments for the mandatory pre-proposal conference with interested firms. Interested firms shall contact the SPC via e-mail by 4:00 PM (PT) on August 11, 2026, at 2:00 PM (PT) to pre-register for this pre-proposal conference. When pre-registering, please provide your firm’s name, attending representatives’ names and contact information. Any sub-contractors interested in this Project shall pre-register separately from construction manager/general contractor firms. At this time, DAS SPS suggests that no more than four (4) representatives from each interested firm or sub-contractor will be in attendance. DAS SPS, in its sole discretion, may exercise an option of allowing firms or sub-contractors to pre-register after specified deadline; however, attendance for late registered firms will be limited to one (1) representative.

2. Any statements made at the pre-proposal conference will not change this RFP document or other Contract Documents, unless an Addendum has been issued from DAS SPS and advertised in OregonBuys identifying any such change.

The conference will allow Proposers the opportunity to tour the building, and review the Project with the Owner, Architect, Owner’s Authorized Representative, and other members of the Project Team, gain information about the Project site and a better understanding of the Work and the unique aspects of the Project, and request clarifications regarding solicitation process and documents.

No oral statements made at the pre-proposal conference will be binding on DAS SPS or DAS EAM unless confirmed by written Addendum to this RFP.

http://oregonbuys.gov/ https://oregonbuys.gov/bso

PROPOSERS ARE REQUIRED TO ATTEND THE MANDATORY PREPROPOSAL

CONFERENCE(S), DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE.

PROPOSALS WILL ONLY BE EVALUATED FROM PROPOSERS WHO ATTENDED THE

MANDATORY PRE-PROPOSAL CONFERENCE(S), AND ALL OTHER PROPOSALS WILL

BE CONSIDERED NON-RESPONSIVE.

D. DEFINITION OF TERMS

Defined terms and acronyms used in this RFP are either defined within the terms of this RFP and the Sample CM/GC Contract (Attachment D), included in the State of Oregon General Conditions for Public Improvement Contracts (Exhibit A to Attachment D) or contained in Oregon Revised Statutes (“ORS”) 279A, 279C, Oregon Administrative Rules (“OAR”) 137-046 or OAR 137-049.

CROSSWALK OF TERMS USED IN OREGONBUYS

Terms used in OregonBuys Definition

Amendment “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.

Bid Opening Date “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

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 A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order

(“MBPO”)

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 Any form of project-specific contract (not awarded under an existing

MBPO)

Quote 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 Any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

Vendor

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.

E. SOLICITATION AND PROJECT SCHEDULE:

The dates for this CM/GC procurement process and the target dates of design and construction milestones of the Project are set forth below. DAS SPS reserves the right to modify the solicitation schedule at any time, with appropriate notice to prospective Proposers. Required dates for other submittals and activities are specified elsewhere in this RFP:

SOLICITATION SCHEDULE DATE

Advertise RFP July 17, 2026 Mandatory Pre-Proposal Conference Registration August 11, 2026 @ 2 PM (PT) Mandatory Pre-Proposal Conference August 12, 2026 @ 2 PM (PT) Due Date for Questions/Requests for Clarifications September 15, 2026 @ 5 PM (PT) Due Date for Solicitation Protests September 15, 2026 @ 5 PM (PT) Due Date for Submission of Proposals (“Closing”) September 25, 2026 @ 2PM (PT) Notice of Competitive Range October 6, 2026 Due Date for Protests of Competitive Range October 9, 2026 Interviews for Competitive Range Proposers October 14-22, 2026 Notice of Intent to Award November 6, 2026 Due Date for Protests of Award November 13, 2026 Contract Execution December 4, 2026

PROJECT MILESTONES TARGET DATE*

Begin Preconstruction Services December 15, 2026 CM/GC GMP Proposal Negotiations January 15, 2028 GMP Amendment Executed April 15, 2028 Construction Phase Notice to Proceed April 16, 2028 Substantial Completion June 15, 2030 Final Completion 4 weeks following Substantial Completion

* Preliminary Project Schedule can be found in OregonBuys as “Exhibit F” in “Attachments” as one-page pdf file.

II. PROJECT INFORMATION

A. BACKGROUND

The Labor & Industries Building Modernization is an exciting project for the State given proximity to the Capitol Mall, and its non-historic register/non-contributing factor status with historic attributes.

Modernization is envisioned to bring the 64-year-old facility up to today’s high performance building standards and seismic resiliency and fulfil policies for energy efficiency, in addition to fully replacing end of life mechanical, electrical and plumbing systems, envelope improvements and tenant improvements.

The project goals are:

Seismically Sound Facility – Provide a seismically sound facility that improves life safety during a seismic event for the structure and non-structural assemblies.

Modern and Energy Efficient Building Systems – Implementation of energy conservation efforts for existing DAS buildings, including those set forth in Executive Orders 17-20, 17-21, 20-04, 15-09 as well as HB 3409.

Americans with Disability Act (“ADA”) Upgrades – Provide upgrades which strive to achieve accessibility, and a supportive environment for state staff to perform their best work.

Greatest Long-Term Value – Obtain the greatest long-term value for the State of Oregon, which results in the prudent expenditure of public funds within the constraints of the program, context, and budget.

One State – Provide leadership modernizing a building on the Capitol Mall that achieves the project goals and reinforces our values and vision in creating a facility that supports our hybrid workforce in accordance with DAS’ Space Utilization Policy 107-011-100 that centers around shared and collaborative spaces and optimizing building performance.

B. PROJECT OVERVIEW

The Labor & Industries Building is located on the Capitol Mall in Salem, Oregon at 350 Winter Street NE.

The building is approximately 183,000 square feet with four floors above ground and a basement which has a tunnel connection to the Capitol Mall Parking Structure. The building was constructed in 1961 with various state agency tenants over the years. The grounds surrounding the building, including the Capitol Mall and the landscaping on the west and south sides of the building, are maintained by the State Parks and Recreation Department, which will be a Project stakeholder. Other Project stakeholders include the building tenants, DAS Operations and Maintenance, and DAS Information Technology (IT).

The building is unique compared to the other Capitol Mall buildings as it has an open-to-sky courtyard in the center of the building which begins at Level 2 and a spandrel and glazing façade system.

The second floor through roof assemblies are 2.5” lightweight concrete topping over steel deck. The first-floor assembly is 4” normal weight concrete topping over steel deck with steel beams and girders. The basement has a slab on grade with concrete walls on strip footings and a combination of concrete columns and concrete-encased steel columns. Three concrete circulation cores serve as shear walls and concrete over metal deck acts as a diaphragm on the floors and roof

Heating, ventilation, and air conditioning for the building is provided by central plant equipment located in basement mechanical and in a north penthouse mechanical room. Central plant equipment includes boilers, chillers, cooling towers, distribution pumps, and central air handlers. Air handling units supply and return air from building zones through vertical shafts at the north and south ends of the building. Rooftop exhaust fans aid in exhausting the south shaft. Additional HVAC equipment includes terminal units, secondary air handlers, unitary cooling equipment, and exhaust systems.

Exterior improvements include relocating domestic water and fire backflow protection devices to the property line, sitting a generator, refreshing planting material, integrating universal ADA access and enclosing the portico on Level 1 for improved security.

The design must comply with existing Executive Orders Policies 17-20, 20-04 and 15-09 and DAS Standards. The modernization is targeting a seismic upgrade to life safety performance level and will explore opportunities of a higher level during the Programming Phase.

Owner seeks a CM/GC with expertise and innovative approaches in: (a) managing and coordinating both design and construction; (b) implementing performance specifications; (c) providing Value Engineering (“VE”) and constructability reviews; (d) scheduling and estimating; (e) assessing risk; and

(f) providing a completed Project through a collaborative CM/GC delivery method.

The selected Proposer is expected to possess strong experience in the following areas:

1. Preconstruction services; to include but not limited to selective demolition for investigative work;

2. CM/GC construction services;

3. Developing Critical Path Method (“CPM”) schedules;

4. Accurate cost estimating utilizing Target Value Design methodologies;

5. Detailed VE analysis and life-cycle cost studies analyzing alternative designs;

6. Target Value Design strategies and nimble estimating;

7. Studying labor conditions, understanding construction methods and techniques;

8. Understanding local climate conditions and requirements for weather protection during construction;

9. Performing constructability reviews;

10. Sequencing of Work;

11. Coordinating and communicating the activities of the CM/GC’s team throughout the preconstruction and construction phases to all members of the Project Team;

12. Design assists on technical scope such as circuiting, controls and integration with mechanical equipment.

13. Management of construction schedules and Project site logistics;

14. Management and coordination of Building Information Modeling (“BIM”) process and protocols;

15. Management of Certified Business Firm (“COBID”) programs and bidding procedures;

16. Involvement in development and execution of sustainable building practices;

17. Management, execution and development of Lean construction practices;

18. Leadership and management of a Collaborative Project Delivery (“CPD”) team; and

19. Seismic upgrades and renovations, including required seismic bracing of equipment, systems, and other building elements,

20. Potential early work packages

21. Creating and maintaining a collaborative and positive team environment

C. PROJECT APPROACH

DAS EAM will use Collaborative Project Delivery (“CPD”), a collaborative team approach, to manage all phases of the Project. CPD is a deeply collaborative process that enhances the integration of people, systems and processes, and harnesses the innovation and talents of project team members to eliminate waste and optimize Project outcomes and efficiencies through all phases of planning, design, procurement, construction and operations. See Attachment D, Exhibit G.

The CM/GC approach to the Project requires that all Project participants embrace the following principles of an integrated process for the management and execution of the Project:

1. Mutual respect and trust;

2. Mutual benefit and reward;

3. Collaborative innovation and decision making;

4. Early involvement of key participants;

5. Early goal definition;

6. Intensified planning;

7. Enhanced communications;

8. Open and transparent communication;

9. Appropriate technology;

10. High performance organization and leadership; and

11. Co-location of design and construction; and

12. CPD (Attachment D, Exhibit G)

D. PROJECT TEAM

1. Owner’s Authorized Representative – Karen Greene, DAS EAM Construction Project Manager 3

2. Owner’s Consultant/Project Management Services Provider – Otak Inc., dba Otak CPM

(collaborative Project Management services on behalf of the Owner)

3. Architect – SERA Architects, Inc. (design and the design support services)

4. Commissioning Agent - (TBD)

E. TARGET GMP

DAS EAM has established a construction budget and target GMP of approximately $120 million to $130 million for the Modernization of the Labor & Industries Building. See Attachment D, Sample CM/GC Contract, Article 1, Section 1.22. for definition of GMP.

F. APPLICABLE OARs AND RFP PROVISIONS

1. Applicable OARs - In accordance with ORS 279C.335(2) and 279C.350, DAS SPS has chosen to exempt this procurement from the competitive bidding requirements of ORS 279C.335(1) and will conduct this procurement in accordance with ORS 279C.337, other applicable provisions of ORS 279A and 279C related to public improvement contracts, the Model Public Contract Rules adopted by the Oregon Attorney General under ORS 279A.065(3) (the “Model Rules”), OAR 137-049-0600 to 137-049-0690 and the provisions of OAR 137-046 and OAR 137-049 applicable to a public improvement contracts of the type addressed in this RFP.

The Project is subject to the requirements of an exemption from competitive bidding proceeding procurement (Exemption No. REQ-DASOBO-XXXX) pursuant to ORS 279C.335(2) and issued by DAS as the public contract review authority for the State of Oregon (“State”). DAS must comply with the terms of that exemption in order to proceed with a request for proposal process and to award a CM/GC contract pursuant to that process.

DAS SPS intends to enter into a CM/GC Contract with the highest-ranked Proposer at the conclusion of the selection process set forth in this RFP.

This RFP and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and Chapter 137, Divisions 046 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice (see OAR 137-049-0600—0690). This RFP and resulting Contract may be subject to other laws and rules. Proposers should obtain and become acquainted with the applicable provisions of the above laws and rules.

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

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

OREGON DEPARTMENT OF JUSTICE MODEL RULES - (OAR Chapter 137, Divisions 046 and 049) - Can be obtained online at: https://secure.sos.state.or.us/oard/ruleSearch.action

III. SERVICES AND WORK TO BE PROVIDED

A. DESCRIPTION OF SERVICES AND WORK

The planned services and work under the resulting CM/GC contract provided by the selected CM/GC contractor will consist of preconstruction services (including Mechanical, Electrical and Plumbing (“MEP”) design-assist, phasing, scheduling and budgeting support), value engineering (“VE”) services, demolition and preservation, equipment pre-purchasing, renovation and construction services, and all related support services needed to complete the Project (collectively, the “Work”).

Below is a general overview of the CM/GC services. Proposers should refer to Attachment D, Article

3 for a full description of the CM/GC services and Work.

The selected Proposer will be engaged during the Design Development and Construction Documents phase of design and will be expected to provide informed recommendations regarding detailed elements of the Project. Selected Proposer will be expected to:

- Provide DAS EAM and Architect with unique expertise and experience that will assist to select the most economical and timely construction solutions.

- Implement procedures to aggressively manage the construction costs, schedule, and phasing requirements, and minimize hazards related to the development of the Project site.

- Develop Project procedures to manage the high risks and critical need for effective partnering and collaborative decision-making processes to ensure that jobsite safety is not compromised and that impacts on sub-contractors are minimized.

- Develop means and methods strategies of work-around site logistics solutions to re-constructing the Facility while maintaining other adjacent ongoing operations. Construction Work will always need to be carefully staged and coordinated to ensure safety of the public.

- Provide procurement and implementation strategies (as appropriate) for complex phasing of the Project to leverage early bid package(s), while allowing time for additional design solutions for later bid packages and coordination of Work activities in and around sensitive environmental conditions.

- Understand the Project’s budget limitations and the need to identify cost-effective solutions through constructability reviews, VA and collaboration with stakeholders to meet budget constraints.

- Provide strategies to avoid price escalation through strategic bid packages.

- Provide description of demolition practices, procedures and schedule for Early Work Amendments as appropriate.

1. Preconstruction Phase Services. The selected CM/GC will participate in the Design Development and Construction Document phases of design as a member of the Project Team to plan, design and develop the Work in a cost-effective manner.

The CM/GC’s Preconstruction Phase Services are fully described in Attachment D, Sample CM/GC Contract, Article 3, Section 3.1.

2. Construction Phase Services. If the Construction Phase Services are authorized and the appropriate amendments are executed, CM/GC shall provide full general contracting services and construction management for construction of the Project in accordance with the requirements of the Contract Documents, except when work element is specifically indicated in the Contract Documents to be the responsibility of others. The CM/GC shall also provide CM services and shall closely coordinate such work with the Owner’s Authorized Representative, Owner’s Consultant, and Architect. Construction Phase Services are fully described in Attachment D, Sample CM/GC Contract, Article 3, Sections 3.2 and 3.3.

Construction Phase Services may include authorized Early Work, such as selective demo for investigative work and pre-construction fences or other Early Work identified during Preconstruction Phase Services.

B. PREVAILING WAGE RATES

For this Project, the provisions of ORS 279C.800 through 279C.870 shall apply. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that will apply to the CM/GC Contract are the rates that are in effect at the time the first Early Work Amendment is executed, or if there is no

Early Work Amendment, then those prevailing wage rates that are in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates are in effect for the remainder of the term of the CM/GC Contract. The prevailing wage rates that will apply will be those set forth in the then current version of the following BOLI booklet(s), together with any amendments or corrections: “PREVAILING WAGE RATES for Public Works Contracts in Oregon.” The Construction Services will take place in Marion County, Oregon, Region 2. See generally:

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

C. STATE BUY AMERICA REQUIREMENTS

Pursuant to ORS 279C.303, as implemented under OAR 125-249-0170, steel, iron, coatings for steel and iron, and Manufactured Products purchased for or used in the Project, and that become part of a permanent structure, must be Produced in the United States.

D. APPRENTICESHIP REQUIREMENTS

This Project is subject to the Apprenticeship and Outreach, Recruitment and Retention Requirements set forth in ORS 279C.533. See Attachment XX for the Apprenticeship Requirements and Attachment XX for the Outreach, Recruitment, and Retention Requirements.

E. SPECIAL REQUIREMENTS

Proposers shall note the following requirements:

1. The Proposer shall provide a full description of items that make up the proposed GMP and submit a complete copy of any Early Work maximum, not-to-exceed price and the GMP cost estimates, including all details, to DAS EAM and the Architect, as more particularly described in the Sample CM/GC Contract (See Attachment D).

2. The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075 for participation by disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses owned by veterans and emerging small businesses that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055 (“COBID Certified Business” or “Certified Business Firm”). COBID Certified Businesses must have an equal opportunity to participate in the performance of contracts financed with State funds.

The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075, each Proposer shall submit a COBID Certified Business Outreach Plan with the Proposer’s Proposal.

By submitting a Proposal, each Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against any subcontractor in awarding a subcontract because the subcontractor is a COBID Certified Business.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the Owner that the Proposer will take reasonable steps to ensure that COBID Certified Businesses are provided an equal opportunity to compete for and participate in the performance of any contract and/or subcontracts resulting from this procurement.

DAS SPS will not consider a Proposer’s COBID Certified Business Outreach Plan in selecting a CM/GC or score or evaluate the plan as part of an evaluation of a Proposal, but the COBID Certified Business Outreach Plan is a mandatory submittal under this RFP, and will become a contractual obligation of the successful CM/GC under any contract that results from this RFP.

3. Pay Equity Compliance. As required by ORS 279C.520, Proposer shall comply with

ORS.652.220 and shall not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Proposer’s compliance with this section constitutes a material element of this RFP and resulted CM/GC Contract and a failure to comply constitutes a breach that entitles the Owner to terminate the resulted CM/GC Contract for cause.

Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

The Proposer shall also have an unexpired certificate issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proposer understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Proposer employs 50 or more full time workers and submitted a Proposal for a procurement with an estimated contract price that exceeds $500,000.

IV. PROPOSAL INFORMATION, SUBMITTAL PROCEDURES AND REQUIREMENTS

A. REQUESTS FOR CLARIFICATION OR CHANGES AND PROTESTS

Proposer may submit written requests for clarification or changes to or protest of a particular RFP provision or Contract terms and conditions. All protests and requests for clarification or change must be submitted to the SPC listed on the cover page of this RFP no later than deadlines specified in Section I.E of this RFP. The Proposer shall include the reasons for the protest or request and any proposed changes. DAS SPS will not consider any protests or requests for clarification or change submitted after the relevant deadline specified in Section I.E.

Submission of a protest by the above referenced deadline is the only opportunity for Proposers to protest procurement requirements, technical specifications or any Contract terms and conditions attached to this RFP.

If any Proposer takes exception to the technical specifications, Contract terms and conditions, or the procurement requirements of this solicitation in its Proposal, other than those addressed and revised by DAS SPS through written Addenda, the Proposal must be deemed non-responsive and rejected by DAS

SPS.

DAS SPS will respond to each properly submitted written request for clarification or change or protest.

Where appropriate, DAS SPS will issue revisions or clarifications via Addenda. Specifications, contractual terms, and procurement requirements can only be changed via formal Addenda issued by DAS SPS and posted in OregonBuys. Proposers are required to acknowledge receipt of all Addenda issued on Attachment A of this RFP (Proposer Representations and Certifications).

An issue that could have been, but was not, addressed by the Proposer pursuant to a request for clarification or protest will not be considered grounds for a Protest of Award.

B. OREGON PUBLIC RECORDS LAW

1. Public Inspection of Proposals. Proposals may be available for public inspection, subject to the

Oregon Public Records Law, ORS 192.410 through 505, only after DAS SPS has issued the Notice of Intent to Award. DAS SPS reserves the right to publish or display publicly all exhibits in accordance with this Law.

2. Trade Secrets. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of the Proposal that Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable.

In such circumstances, DAS SPS will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

3. Grant of License. By submitting a Proposal in response to this RFP, Proposer grants the State of

Oregon a non-exclusive perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Proposal for the purpose of conducting this procurement and to fulfill the State of Oregon’s obligations under Oregon Public Record Laws.

4. State Immunity. The State shall not be liable for disclosure or release of information when authorized or required by applicable 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 646.473(3).

C. BINDING OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of ninety (90) Days from the Closing Date and Time specified on the cover page of this RFP (the “Closing”).

D. COST OF PROPOSALS

All costs incurred in preparing and submitting a Proposal and participating in interviews in response to this Solicitation, and all costs for protest shall be the responsibility of the Proposer and shall not be reimbursed by DAS. The State and the Owner shall not be liable for the Proposer’s costs or damages for filing the protest or to any participant in the protest, on any basis, express or implied.

E. PROPOSALS PROPERTY OF DAS.

Proposals that are withdrawn prior to the Proposal Due Date, all information submitted by a Proposer in response to the RFP shall become the property of the DAS and will not be returned to the Proposer.

DAS SPS may release an unopened Proposal withdrawn to the withdrawing Proposer or its authorized representative, after voiding any date and time stamp mark.

F. MODIFICATION OR WITHDRAWAL OF PROPOSAL

Any Proposal may be modified or withdrawn by notice to DAS SPS at the address designated for receipt of Proposals. Modifications and withdrawal notices must be in writing, must be signed by an authorized representative of the Proposer, and must be delivered in a sealed and date/time stamped envelope at or before the RFP Closing time and date set for receipt of Proposals. A Proposer may amend or withdraw its Proposal any time prior to the Closing.

G. CLOSING AND PUBLIC OPENING OF PROPOSALS

Proposals will not be accepted after the Closing date/time stated on the cover page of this RFP or as may be extended by any subsequently issued Addenda.

Proposals will not be publicly opened.

H. SUBSTANTIAL COMPLIANCE REQUIRED

Incomplete Proposals and those not in substantial compliance with RFP requirements will be deemed non-responsive and will not be considered. Incomplete Proposals cannot be supplemented by submissions delivered or information provided after the RFP Closing date and time. However, DAS SPS may waive minor informalities and irregularities, and, in its sole discretion, may seek clarification of any response that DAS SPS deems necessary or advisable.

DAS SPS may reject as non-responsive any incomplete Proposals, Proposals not organized as required in this RFP, Proposals that do not include all of the information required or those that do not otherwise comply with the requirements specified in this RFP.

I. PROPOSAL SUBMISSION AND CONTENT REQUIREMENTS

1. Submittal Requirements. Each Proposer’s submission in response to this RFP shall:

(a) Be submitted in the form of electronic file via OregonBuys (unless proposal-specific alternative has been approved by the SPC). To ensure proper identification and handling, electronic files/attachments shall be clearly marked “RFP # S-10700-XXX Proposal to Provide CM/GC Services for the Labor & Industries Modernization” and bears the Proposer’s name;

(b) Attachment C – Cost Proposal Form must be submitted as a separate electronic file via

OregonBuys (unless otherwise approved by the SPC) marked as “RFP # S-10700-XXX – Cost Proposal for the CM/GC Services for the Labor & Industries Modernization”;

(c) Be in a font no smaller than Times New Roman size 12 and Proposal Contents for Section

IV.K.2(f) must not exceed 20 pages.

pages, including pictures or diagrams. File size must not exceed 25 mb. Proposal Representations and Certification Form, COBID Outreach Plan, Cost Proposal, Proposal Security, Letter from Proposer’s bonding company, resumes required by Section IV.K.2 (a) – (e), and section dividers are excluded from the page limit. If the Proposer exceeds the page limit for Sections IV.K.2(f) or total allowed file size, DAS SPS may consider the information on the first 20 pages, may decline to consider information beyond the 20th page, or decline to accept the Proposal;

(d) DAS SPS shall not be responsible for and will not accept late or mis-delivered Proposals, protests, or other submittals. DAS SPS is not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Proposers to submit Electronic Submittals, to protest or to otherwise participate in the RFP process. DAS SPS shall not be responsible for the proper handling of any Proposal not properly identified, marked and submitted in a timely manner.

(e) For information on how to submit an electronic response to an RFP, please visit:

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

2. Proposal Contents. Each Proposer’s submission in response to this RFP must include the following information in the order listed below. Concise and direct responses are encouraged.

(a) Completed and executed Attachment A, Proposer Representations and Certifications

Form as the first page. Proposer is required to:

(i) identify whether the Proposer is an Oregon resident as defined in ORS 279A.120;

(ii) provide Construction Contractors Board (“CCB”) license number (no Proposal will be considered unless the Proposer is licensed pursuant to ORS 701.055 (1); and

(iii) acknowledge any and all addenda by insertion of numbers of addenda.

The certification binds the Proposer to perform the services for the fees stated in their Proposal.

Failure to submit a signed Proposal Representation and Certification Form will result in rejection of the Proposal.

(b) Completed and signed Attachment B, Certified Business Firm (“COBID”) Outreach Plan.

(c) Completed Attachment C, Cost Proposal Form (Reference Attachment D). Proposer shall present a proposed fee for providing the CM/GC services in two parts:

(i) Preconstruction Phase Services: State the not-to-exceed Preconstruction Fee, including hourly rates for personnel who will be performing Preconstruction Phase Services and any other direct or reimbursable costs that will be included in Preconstruction Fee.

Preconstruction Phase Services are estimated to be a 13-month duration.

(ii) Construction Phase Services:

• CM/GC Fee: State the proposed CM/GC Fee as a percentage of the Cost of Work.

See Article 6, Section 6.3 of Attachment D, Sample CM/GC Contract.

• Insurance and Bonding Cost: State the Proposed Insurance and Bonding Cost as a percentage of the Cost of Work. See Article 6, Section 6.3. Provide a breakout of all insurance and bonding amounts included in the total percentage.

• General Conditions Work Cost: State the proposed monthly cost for reimbursable General Conditions Work (as defined in Attachment D, Sample CM/GC Contract, Article 8.)

(d) Proposal security in the amount of 10% of the Proposed Not-to-Exceed Preconstruction Fee for the Project must be submitted with the Proposal. Proposal security must be in the form of a cashier's check, certified check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a proposal bond.

(e) Letter from Proposer’s bonding company attesting to the capacity of providing 100% performance bond and 100% payment bond for the Project in the amount of the target GMP of $130M.

(f) Proposer Information 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

(i) Background:

• Provide a brief description of the Proposer’s history and its capabilities. Include annual volume gross revenue amounts for the past five (5) years, and current bonding capacity. Include a description of its ownership structure of the business, and year of formation.

• Provide a general description of the Proposer’s safety programs, as well as the Proposer’s most recent Workers Compensation Insurance experience modifier.

(ii) Similar Construction Project Experience

• Provide a listing, in chronological order and in chart format, of the Proposer’s most recent similar completed projects of $100.0 million or more completed in the last 7 years (provide a list of three (3) or more). Information on these projects must include the following:

o Name of the owner, contact person, and current phone number;

o The architect, contact person, and current phone number;

o Location of the project and completion date;

o A brief description of the Project;

o Amount of initial contract award or negotiated GMP (if applicable);

o Final contract amount and total dollar amount of change orders; and o Description of any claims or pending claims relating to any of the listed Projects that resulted in litigation or arbitration and the disposition of such claims against Proposer.

o Correlation of team proposed and relation to project experience examples

• Provide detailed experience in managing construction of the listed projects.

(iii) CM/GC GMP Project Experience

Provide a listing of project experience with facilities for the public sector that involved the CM/GC delivery method and the GMP compensation method completed in the last 10 years. The listing should follow the format described in the previous section, but should include both the GMP award amount, and the final cost of the work. (If the Proposer’s experience in the public sector with CM/GC and GMP method projects is limited, experience with pure CM method projects, or CM/GC projects for the private sector may be listed. Please note after the project title for each such project if the project was for private sector or if the project utilized the CM method).

(iv) Qualifications of Proposed Personnel

• Provide an organization chart showing your proposed staff for this Project, including all professional staff in the following areas: Project executive oversight; project management administration; engineering and estimating; and onsite construction supervision.

• Include resumes for all individuals listed in the chart, with a maximum length of two pages for each resume. Indicate the proposed percentage of each person’s total workload that will be allocated to this Project during Preconstruction Phase Services, and during Construction Phase Services. The resumes must include each person’s length of tenure with the firm, education, work history and prior work experience with similar projects, including similar public sector CM/GC projects.

• For those individuals who are not full-time, describe how and when they will work on the Project, as well as which other Project responsibilities will fill their time.

Additionally, describe the prior experience, if any, of the team members working with each other on projects of similar scope (please be specific) and the role that each team member will fill for this Project.

• By listing individuals in the Proposal and stating a percentage of each individual’s work time that will be allocated to the Project, the Proposer guarantees that these individuals will be available to work on the Project for the percentages shown. The Proposer also guarantees that any individuals listed in the Proposal as having a 50 percent or greater work commitment to the Project will have their primary office location within 60 miles of the Project. DAS EAM reserves the right to approve or reject any changes to the proposed personnel. DAS EAM further reserves the right to request a substitution of personnel if DAS EAM determines that the substitution will be in the best interest of the State.

(v) Collaborative Project Delivery Approach

Describe the Proposer’s overall plan to complete the Project in a collaborative manner

• Discuss in detail the Proposer’s plan to complete the Preconstruction Phase Services, identifying the services and deliverables to the Owner during this phase. These services must include, but are not limited to, reviewing the program and budget, recommendations on feasibility, suggest alternate design solutions, constructability reviews, value engineering, scheduling, cost estimating, and evaluating the bidding market.

• Discuss in detail Proposer’s plan to complete the Construction Phase Services, identifying the services and deliverables to the Owner during this phase. These services must include, but are not limited to, creating bid packages, bidding, scheduling the construction work, managing the construction, meetings, written reports, and cost control, so as to provide the Owner with the best possible customer service and ensure the greatest possible value for the construction budget. Describe how the Proposer will approach the construction management aspect of this Project and how the Proposer will ensure that the Project goals are adequately met.

• Describe Proposer’s approach to development of the GMP proposal, including fulfillment of all aspects required by the CM/GC Contract and conformance to the budget and project delivery schedule.

• Describe the Proposer’s experience with a full or complete project team approach to construction services and how the Proposer would recommend this concept be applied to this Project.

(vi) Performance by CM/GC or its Affiliates. Describe the elements of the construction

Work, if any, for which the Proposer may pursue the option of performing by itself or through its Affiliates in accordance with Attachment D, Sample CM/GC Contract, Article 11, Section 11.5, including the type, scope, and percentage of Work that may be included.

Also, provide a proposed percentage mark-up in addition to the CM/GC Fee for the Work intended to be performed by CM/GC or its Affiliates.

This information will be used as a basis of negotiation as an inclusion of this provision into final CM/GC Contract.

(g) Addenda/Addendum signed and dated by the Proposer (if any).

V. PROPOSAL EVALUATION PROCESS

A. GENERAL

Responsive Proposals will be evaluated in accordance with the procedure described below:

1. The members of the Evaluation Committee will score each of the written Proposals.

2. Competitive Range established and DAS SPS will post a Notice of Competitive Range

3. The Evaluation Committee will conduct and score the interviews for Proposers in the Competitive

Range.

4. Following interviews, the members of the Evaluation Committee will then rank the Proposers

(based on the written Proposal scores and the interview scores), to determine the highest-ranked Proposer.

5. DAS SPS will post a Notice of Intent to Award.

B. RESPONSIVENESS, RESPONSIBILIY AND REJECTION OF PROPOSALS.

1. Responsiveness –DAS SPS has determined that failure to properly submit the required items by the Proposal Due Date and time will render the Proposal non-responsive.

2. Responsibility - Proposer must demonstrate its responsibility under ORS 279C.375(3) and applicable OARs. In determining responsibility, DAS SPS may consider whether the Proposer has any liquidated and delinquent debt owed to the State or any department or agency of the State. In determining responsibility, DAS SPS may investigate the Proposer and request information in addition to that already required by this RFP, when DAS SPS, in its sole discretion, considers it necessary or advisable.

3. Rejection in the Public Interest – DAS SPS may reject any Proposal as non-responsive in the exercise of its sole discretion as allowed by applicable law, including but not limited to the Proposer’s failure to substantially comply with applicable solicitation…