Invitation.To.Bid.Services.docx

ITB/Bid Solicitation Number: S-73000-00011382

Issue Date: See “Available Date” in OregonBuys

OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB)

ITB Title: Research Pile Driving and Testing

PRE-BID CONFERENCE: None.

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

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

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

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

NOTES:

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

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

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

· 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.

Table of Contents

OREGONBUYS INFORMATION and ITB ATTACHMENTS

All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

0.2 ITB Attachments and Addenda.

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

· Details entered in the Header Information section;

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

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

1. DEFINITIONS

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

For purposes of this ITB “Agreement” means Contract.

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking 1 qualified Contractor to provide driven pile installation and load testing for research purposes at a site known to be underlain by diatomaceous soils. Load testing will consist of static and dynamic axial compression tests and, optionally dependent on budget, lateral load testing on a single pile

ODOT/OSU/PSU will not furnish construction or testing materials or supplies. Contractor is expected to furnish all necessary testing materials and supplies.

For additional detail regarding the needed Goods and Services see the Specifications attached in section 3 of this ITB. Per ORS 279B.055(2)(c), the selected Contractor shall meet the highest standards prevalent in the industry most closely involved in providing the Goods and Services required under the prospective Agreement.

2.2 Minimum Qualifications/Experience/References

Enter the information required in this section in the applicable fields of the Bid Cover Sheet (see ITB section5.2.1.b). Bids that do not clearly show the minimum required experience/qualifications and references will be rejected.

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

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

2.3 Quantity of Agreements Awarded

It is anticipated that 1 Bidder will be selected for award.

2.4 Delivery Requirements

Perform all Services and provide all Goods described and reasonably inferred from the Solicitation and Contract documents.

Start Date: Work shall not be initiated prior to November 1, 2024, and shall be completed by June 30, 2025. As this SOW supports a university research partnership, the date selected for project start must be negotiated with ODOT to ensure each party is present on-site during project work. ODOT will work with the Contractor so that the project start date follows or coincides with ODOT’s separate and independent Cone Penetration Testing project work dates. No work will be performed on holidays. Weekend work may be scheduled to avoid unnecessary demobilization/remobilization expenses. Once mobilized to the site location pile driving and testing should take no longer than 14 days.

Final Completion Date: November 15 2025

2.5 Term of Agreement

The term of the Agreement begins on the date the Agreement receives all required signatures and is anticipated to end when all Contractor obligations under the Agreement are completed in conformance with all applicable requirements.

2.6 Insurance Requirements

The insurance requirements applicable to the prospective Agreement are included in Exhibit C of the Sample Agreement, which is incorporated in section 4 of this ITB.

2.7 RESERVED

2.8 Payment and Method of Compensation

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

2.9 RESERVED

2.10 Amendments to the Agreement

Contingent upon ODOT’s need, availability of approved funding, Contractor’s performance and concurrence by both parties, potential amendments to the Agreement may include, but are not limited to the following:

· adjust unit prices (see requirements and limitations in Sample Agreement section 4.4 Price and Delivery Schedule), if requested by Contractor and supported with proper documentation;

· add tasks (within the scope of the services described in this ITB) or delete tasks;

2.11 Disadvantaged Business Enterprise (DBE) Requirements

The prospective Agreement will include Federal funding; however, no DBE participation goal will be assigned.

DBE reporting requirements applicable to Agreements with no DBE participation goal assigned are set forth in Exhibit E.1 (No-Goal DBE Provisions) of the Sample Contract incorporated in section 4 of this ITB.

ODOT’s DBE Policy Statement is posted at the following Internet address: https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx The DBE Policy Statement is incorporated in this ITB with the same force and effect as though fully set forth herein.

2.12 Buy America, Cargo Preference, and FHWA Form 1273 Requirements

This is a Federally funded procurement subject to the following:

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

· Cargo Preference Act Requirements (see provisions set forth in Sample Contract section 7.1.2)

· Implementation of

· FHWA Form 1273 – Required Contract Provisions for Federal-Aid Construction Contracts (and other contracts that include Federal Aid funding). See Sample Contract Section 7.1 and Exhibit H.

· Disadvantaged Business Enterprise (see provisions set forth in Sample Contract section 7.1.4 and Exhibit E)

· Remedies for Breach of Contract (see provision set forth in Sample Contract section 7.1.5)

· Termination (see provision set forth in Sample Contract section 7.1.6)

· Procurement of Recovered Materials (see provision set forth in Sample Contract section 7.1.7)

· Domestic Preferences for Procurements (see provision set forth in Sample Contract section 7.1.8)

By submission of a Bid, the Bidder certifies that Bidder (and its subcontractors, if any) will comply with the above-identified Federal provisions, as applicable, and that the goods offered under the Bid will comply with the above referenced Buy America, Buy America, Build America, and Cargo Preference Act requirements.

3. SPECIFICATIONS

Exhibit A Scope of Work and Technical Specifications, Exhibit F Plans and Equipment Layout, and Exhibit G Site Photos applicable to the Goods and Services required under the prospective Agreement are not physically attached but incorporated into this ITB as though fully set forth herein. Exhibit A, Exhibit F, and Exhibit G attachments are available for download from the Bid Solicitation page for this ITB on OregonBuys.

4. SAMPLE AGREEMENT

The Sample Agreement (including its terms, conditions and Exhibits) is not physically attached but incorporated into this ITB as though fully set forth herein. The Sample Agreement is available for download from the Bid Solicitation page for this ITB on OregonBuys (See ITB section 0.0 for more information about OregonBuys.)

5. INSTRUCTIONS TO BIDDERS and SUBMITTAL REQUIREMENTS

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

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

5.2 Bid Submittal Requirements:

5.2.1 Required Submittals and Bid Pricing via OregonBuys

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

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

5.2.1.a. Bid Pricing Form. Bidders must complete and submit a Bid Pricing Form using the form available for download from the File Attachments section for this ITB in OregonBuys. Failure to supply all required information in the Pricing Submittal Form may result in rejection of the Bid as non-responsive. In the event of a discrepancy between extended prices and unit prices, unit prices will prevail.

If the Pricing Submittal form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information.

The quantities listed on the Bid Pricing Form are estimates of intended purchases by ODOT and are for Bid purposes only. These figures are intended to serve only as a guide to Bidders, and are not to be construed as a guarantee. ODOT reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual quantities procured.

5.2.7.a. Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes (for tips on reducing file size, see How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

6. SOLICITATION PROCESS

6.1 Solicitation Schedule

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

6.2 Procurement Method and Applicable Laws

ODOT is conducting this solicitation as Competitive Sealed Bidding in accordance with ORS 279A, ORS 279B, OAR 731-146, OAR 731-147, OAR 137-047-0255, and provisions of ORS 279C and OAR 137-049 that apply to “ordinary construction Services that are not Public Improvements”. Except as otherwise provided in ORS 279A.030, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with State laws or require additional conditions in public contracts not authorized by ORS 279A.

6.3 Requests for Clarification, Requests for Change.

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

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

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

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

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

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

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

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

6.5 Solicitation and Addenda Protests

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

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

6.5.3 All Protests must:

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

· Reference the ITB Bid Solicitation number;

· Identify prospective Bidder’s name and contact information;

· Be signed by an authorized representative;

· State the reason for the protest, including:

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

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

· Must be received by the applicable deadline specified in the subsections above.

6.6 Withdrawal of Bids and Bid Modifications

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

6.7 Bid Opening

Bid Opening will occur immediately following the Bid Opening Date and time in OregonBuys for this ITB unless otherwise specified in an Addendum. Until further notice ODOT does not intend to hold in-person public Bid Openings. ODOT, in its sole discretion and in lieu of in-person public Bid Openings, will provide an electronic public Bid Opening alternative via Microsoft Teams. Only the name of each Bidder and the Bid amounts will be read at the Bid Opening. It is optional for Bidders to attend the Bid Opening. Award decisions will not be made at the Bid Opening.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 231 692 057 947 Passcode: cy2972qk

Dial in by phone +1 971-277-1965,,831560340# United States, Portland Find a local number Phone conference ID: 831 560 340# For organizers: Meeting options | Reset dial-in PIN

7. AWARD

7.1 Method of Award

Bids will be evaluated to determine the lowest Responsible Bidder (including applicable preferences, if any, per section 7.2) whose Bid is Responsive and not otherwise rejected per the provisions of OAR 137-047-0640(1)(b) and (c ).

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

ODOT reserves the right to withdraw any or all items from award if it is in the best interest of ODOT. Withdrawal of one or more Bid items will not affect the method of award.

7.2 Preferences

7.2.1 Tiebreaker Preference When Offers are Equal: Awards shall be subject to 731-005-0660.

7.3 Notice of Intent to Award

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

7.4 Award Protest

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

7.5 Awardee Requirements

The following requirements apply only to the apparent successful Bidder. All items that must be provided to ODOT must be received by the Purchaser within 5 Business Days after ODOT’s issuance of intent to award notice (except as stated otherwise in 7.5.3 and 7.5.5, or unless a different timeframe is agreed to by ODOT and Bidder):

· ODOT requests a W-9 Form, or

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

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

· Oregon Business Registry – If requested by ODOT the apparent successful Bidder shall (unless the name of Bidder’s business includes the "real and true" name of each owner or the business is otherwise exempt under applicable laws) provide to ODOT a current Oregon Secretary of State business registry number if: a) Bidder is an Oregon business or has offices or employees located or conducting business in Oregon, or b) as a result of the prospective Agreement, Bidder will have offices or employees located, or conducting business, in Oregon. See process for obtaining a business registry number and guidance regarding exceptions (https://sos.oregon.gov/business/Pages/doing-business-means.aspx).

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

· Registered Agent - All Corporations and other business entities (domestic and foreign) must have a registered agent in Oregon unless an exception applies. See requirements and exceptions regarding registered agents (https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx).

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

7.5.4 Bidder Responsibility

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

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

7.5.5 Nonresident Bidder Form. If awardee is a nonresident Bidder and the Agreement amount exceeds $10,000, the Bidder shall report to the Department of Revenue (using the Non-Resident Bidder Form (https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf), submit form prior to Agreement execution with a copy submitted to ODOT) the total Agreement price, terms of payment, duration of Agreement and such other information as the Department of Revenue may require before the Bidder may receive final payment.

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

7.6 Prompt Execution of Agreement

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

7.7 Commencement of Work

Contractor shall commence no work under an awarded Agreement until all required documents have been provided and a notice to proceed or a purchase order has been issued by ODOT.

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

8.2 Non-Discrimination by ODOT

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

8.3 Non-Discrimination by Bidders

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

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

8.5 Recyclable Products

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

ITB-GTS ITB #: S-73000-00011382