ITA PANG 22-11B.pdf

OREGON MILITARY DEPARTMENT

JOINT FORCE HEADQUARTERS, OREGON NATIONAL GUARD

INSTALLATIONS DIVISION

1776 MILITIA WAY SE

P.O. BOX 14350

SALEM, OREGON 97309-5047

May 24, 2022

SUBJECT: Notice of Intent to Award, Portland Air National Guard Fire Station Door Project

Solicitation Number PANG 22-11B

Mr. Benjamin Booher

Emtech, LLC

2058 Scotts Valley Road

Yoncalla OR 97499

Dear Mr. Booher

The Oregon Military Department (OMD) determined that you are the apparent low, responsive bidder for this project. OMD intends to award a Contract to your firm in the amount of $315,250.00 for the following bid items

• Base Bid in the amount of $315,250.00

In order to begin, please provide the following documents:

• As evidence of the insurance coverage(s) required by this Contract, furnish certificate(s) of insurance to the

Owner prior to issuance of the Notice to Proceed. Insurance Requirements are located in Exhibit 7 of the solicitation.

• Provide the performance and payment bonds as required by the solicitation (Section C.23.2).

• Provide the Certificate of Pay Equity Training as required by the solicitation (Section C.23.4).

• Complete and return the enclosed Public Improvement Contractor Certification pages.

Should you have any questions, feel free to contact Sam Goff via email at Samuel.a.goff.nfg@army.mil or via phone at (503) 584-3195.

Sincerely, Sean McCormick

Chief Financial Officer

Designated Procurement Officer

Contract Administrator

Enclosures mailto:Samuel.a.goff.nfg@army.mil

PUBLIC IMPROVEMENT CONTRACTOR CERTIFICATIONS

a. I (We) Certify that I (We) have a policy of nondiscrimination in obtaining required subcontractors, if any, in accordance with ORS 279A.110.

279A.110 Discrimination in subcontracting prohibited; remedies. (1) A bidder or proposer who competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225. (2) A contracting agency may debar or disqualify, under ORS 279B.130 or 279C.440, as appropriate, a bidder or proposer if the contracting agency finds that the bidder or proposer has violated subsection (1) of this section in awarding a subcontract in connection with a contract advertised by the contracting agency or a contract between the contracting agency and the bidder or proposer. A debarred or disqualified bidder or proposer may appeal the debarment or disqualification under ORS 279B.425 or ORS 279C.445 and 279C.450, as appropriate. (3) A contracting agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a bidder or proposer under subsection (2) of this section more than three years after the alleged discriminatory conduct occurred or more than three years after the contracting agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later.

(4) A bidder or proposer shall certify in the documents accompanying the bidder’s or proposer’s offer to enter into a public contract that the bidder or proposer has not discriminated and will not discriminate, in violation of subsection (1) of this section, against any minority, women or emerging small business enterprise or against a business enterprise that is owned or controlled by or that employs a disabled veteran in obtaining a required subcontract. (5) After a contractor is awarded a public contract, if the contractor violates the certification made under subsection (4) of this section, the contracting agency may regard the violation as a breach of contract that permits the contracting agency to: (a) Terminate the contract; or (b) Exercise any of the remedies for breach of contract that are reserved in the contract. [2003 c.794 §15; 2009 c.235 §3]

Signature Date

b. I (We) Certify that this company is registered with the Construction Contractors Board or licensed by the

State Landscape Contractors Board, in accordance with ORS 671.530. A copy of the registration is attached.

671.530 Licensing requirements; use of title; scope of landscape construction professional license. (1) A person may not operate as a landscape construction professional in this state without a valid landscape construction professional license issued pursuant to ORS 671.560. (2) A person may not represent in any manner that the person is a landscape construction professional unless the person has a valid landscape construction professional license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to: (a) Using the title of landscape contractor, landscape construction professional, landscape gardener or landscaper or any other title using a form of the word “landscape” that indicates or tends to indicate that the person is a landscape construction professional; and (b) Using any sign, card or device that indicates or tends to indicate that the person is a landscape construction professional. (3) A person may not operate as a landscape contracting business in this state unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560. (4) A person may not advertise or represent in any manner that the person is a landscape contracting business unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to: (a) Using the title of landscape business, landscaping business or landscape contracting business; and (b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscape contracting business. (5) A landscape maintenance business may use a form of the word

“landscape” in the title of the business only if the title clearly indicates the maintenance nature of the business. For purposes of this subsection, the term “landscape gardening” does not indicate the maintenance nature of a landscape maintenance business. (6) A landscape construction professional may perform landscaping work only while in the employ of a landscape contracting business licensed and bonded as required by

ORS 671.510 to 671.760. If the landscape construction professional is the sole proprietor, the landscape construction professional must also obtain a license as a landscape contracting business. [1971 c.764 §3; 1973 c.832 §27; 1975 c.757 §2; 1979 c.840 §1a; 1983 c.452 §2; 1989 c.944 §1; 2003 c.659 §1; 2007 c.541 §13]

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c. I (We) Certify that all subcontractors performing work as described in ORS 701.026 will be registered with the

Construction Contractors Board, before the subcontractors commence work under the contract.

701.026 Subcontractor licensing; landscaping. (1) A contractor may not hire a contractor to perform work unless the contractor is licensed under this chapter and properly endorsed for the work to be performed or is exempt from licensure under ORS 701.010. (2) Except as provided in ORS 671.540, a contractor that is not licensed under ORS 671.560 shall hire a person licensed under ORS 671.560 to perform landscaping work. [Formerly 701.055]

d. I (We) Certify that I (We) have a Drug Testing Program in accordance with ORS 279C.505.

279C.505 Conditions concerning payment, contributions, liens, withholding, drug testing. (1) Every public improvement contract shall contain a condition that the contractor shall: (a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. (b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. (c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. (2) In addition to the conditions specified in subsection (1) of this section, every public improvement contract shall contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. [2003 c.794 §138; 2005 c.103 §27]