ITB 260037C001 final for posting.pdf

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State of Oregon

Oregon Military Department

Invitation to Bid

Solicitation # 260037C001

PENDLETON AASF2 HVAC UPGRADES

Closing / Bid Opening Date:

SEPTEMBER 2, 2026 at 2:00:00 PM PT

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See ITB section C.1.6 –

OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms or Addenda may contact the Purchaser listed in OregonBuys for alternative electronic formats or hard copies.

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PROJECT SUMMARY

ITB PURPOSE:

The purpose of the ITB is to establish a Contract for the Pendleton AASF#2 HVAC UPGRADE Project for the benefit of Oregon

Military Department (“OMD”). The Work contemplated under this Contract includes all labor, materials, transportation, equipment, permits, and services for, and incidental to, the completion of all construction Work in connection with the Project described in the

ITB and Contract Documents.

PROJECT DESCRIPTION:

The purpose of this project is to replace the existing ORARNG Pendleton Aviation HVAC system to improve operational readiness.

The proposed project is classified Sustainment and will extend the usable life of the facility. This project would replace the end-of-life building HVAC system with new commercial electric split heat pump systems. This facility will be designed to meet Industry

Standards as well as all local, State and Federal building codes and as per Public Law 90-480.

PROJECT FUNDING:

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

NOTE THE FOLLOWING:

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

AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE SUBMITTING YOUR OFFER.

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

☒ YES ☐ NO

IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

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

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

BELOW:

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

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

THE APPARENT SUCCESSFUL OFFEROR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR INFORMATION

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

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

PROJECT ESTIMATE:

The following range is a project estimate for bonding purposes only: $750,000 to $850,000

SOLICITATION SCHEDULE

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

ACTIVITY

SCHEDULE/DEADLINE

Pre-Bid Conference See C.1.1 of ITB

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

See C.2.3 of ITB

Deadline for Bid submittal See “Bid Opening Date” and time identified in OregonBuys for this ITB.

Public Bid opening Immediately after Bid Opening Date and time identified in

OregonBuys for this ITB. See ITB section C.7

Deadline for Award protest See ITB section C.16 https://www.sam.gov/portal/SAM#1

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KEY PROJECT DATES:

PROJECT START DATE: 15 calendar days from issuance of Notice to Proceed. No system work may be performed prior to the delivery of all equipment.

SUBSTANTIAL COMPLETION: 365 calendar days from issuance of Notice to Proceed

FINAL COMPLETION: 425 calendar days from issuance of Notice to Proceed

LIQUIDATED DAMAGES:

Liquidated damages will apply to the contract resulting from this ITB. (See Exhibit 7 for detailed information).

RETAINAGE

OMD will withhold retainage.

The amount to be withheld from a Contractor’s progress payments on the Public Improvement Agreement will be five (5) percent of the payment. OMD will withhold retainage in accordance with the procedures set forth in OAR 137-049-0820. See also SGC-18.

An awarded Contractor shall bear all additional costs that the Contractor incurs after the date on which the Contractor submits a bid or proposal to the Contracting Agency that arise from (a) utilizing Retainage Surety Bonds, Bonds, Securities, or Other Instruments in lieu of holding retainage (including Retainage Surety Bond premiums), or (b) requesting that the Contracting Agency deposit retainage in an interest bearing account. These costs are not reimbursable project costs and the Contracting Agency is not responsible for paying these costs.

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State of Oregon- Oregon Military Department

Bidding Requirements & Instructions

For Public Improvement and Public Works Projects

SECTION A – TABLE OF CONTENTS

PROJECT SUMMARY

BIDDING REQUIREMENTS & INSTRUCTIONS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION AND INSTRUCTIONS TO OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS)

SECTION F INSTRUCTIONS FOR FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

EXHIBITS

ITB EXHIBIT 1 PRICING SUBMITTAL FORM

ITB EXHIBIT 2 BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB EXHIBIT 3 BID SECURITY FORM

ITB EXHIBIT 4 FIRST TIER SUBCONTRACTOR REPORTING FORM

ITB EXHIBIT 5 PERFORMANCE BOND FORM

ITB EXHIBIT 6 PAYMENT BOND FORM

ITB EXHIBIT 7 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

ITB EXHIBIT 8 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

ITB EXHIBIT 9 SUPPLEMENTAL GENERAL CONDITIONS

ITB EXHIBIT 10 FEDERAL PROVISIONS (MCA GT&C)

ITB EXHIBIT 11 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENTS

ATTACHMENT A STATEMENT OF WORK

ATTACHMENT B TECHNICAL SPECIFICATIONS

ATTACHMENT C PLANS AND DRAWINGS

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SECTION B – DEFINITIONS

B.1 DEFINITIONS:

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

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

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

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

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

Bidder also means “Offeror”.

B.1.5 “Closing” (referred to 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.

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

B.1.7 “OAR” means Oregon Administrative Rules.

B.1.8 “Opening” means the date and time set to read the Bid submittals.

B.1.9 “OregonBuys” means the on-line electronic Automated Oregon Procurement System administered by the State’s Department of Administrative Services. The OregonBuys System website is located at: www.OregonBuys.gov.

B.1.10 “ORS” means Oregon Revised Statutes.

B.1.11 "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 Oregon Revised Statute (“ORS”) Chapter 84.

B.1.12 “State” means the State of Oregon

B.1.13 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a

Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings. For Sections A through C of this ITB, unless a hard copy is specified as required, email will satisfy a

Written/In Writing requirement.

SECTION C – GENERAL BIDDING INFORMATION AND INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

C.1.1 MANDATORY ON-SITE PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on August 18, 2026 at 10:00:00 am (PT), located at 2110 NW 56th Drive Pendleton, Oregon 97801

BIDDERS ARE REQUIRED TO BE ON TIME AND ATTEND THE ENTIRETY OF THE MANDATORY PRE-BID

CONFERENCE DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE AND MUST REGISTER ON THE

OFFICIAL SIGN IN SHEET. BIDS FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE

REQUIREMENTS WILL BE REJECTED AS NON-RESPONSIVE.

Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued from OMD and posted on OregonBuys. Bidder is responsible for examination of site conditions and solicitation documents (see C.1.11) and utilization of the Request for Clarification process as described in C.2.5.

C.1.2 ADDITIONAL SITE ACCESS

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

C.1.3 SECURITY REQUIREMENTS FOR FACILITY ACCESS

http://www.oregonbuys.gov/

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Access to OMD facilities requires valid government issued photo ID. Security personnel are prohibited from accepting non-compliant identification. Bidders are responsible for providing appropriate valid photo identification when accessing OMD facilities, including

(as applicable) attendance at the pre-bid meeting, attendance at the bid opening, and delivery of any documents or other submissions.

OMD is not responsible for Bidders who are turned away for not having proper identification.

BIDDER SHALL NOTE: REAL ID REQUIREMENTS MAY BECOME EFFECTIVE DURING THE TERM OF THE

SOLICITATION OR RESULTING CONTRACT. BIDDER OR AWARDED CONTRACTOR WILL BE RESPONSIBLE FOR

PROVIDING APPROPRIATE VALID REAL ID PHOTO IDENTIFICATION IF AND WHEN THE REAL ID REQUIREMENT

BECOMES EFFECTIVE.

C.1.4 SINGLE POINT OF CONTACT “POC”

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

Name: Sam Goff – CPPB

Address: Oregon Military Department

AGI Support Branch

3406 Cherry Ave NE Keizer OR 97303

Phone: 971-355-4167

E-mail: sam.a.goff@omd.oregon.gov

C.1.5 ENGINEER AND CONSULTANT INFORMATION

The following is a list of engineers and consultants OMD has used for this project. This list is for informational purposes only.

Offerors are prohibited from contacting these engineers and consultants during the solicitation process, unless otherwise authorized in this ITB.

• CORBIN

C.1.6 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.6.1 REGISTRATION REQUIREMENT This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bidders must be registered in OregonBuys to do business with the State. Registration is free. OregonBuys uses the terms Vendor and Supplier interchangeably to refer to any form of business entity registered in OregonBuys. 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.. Bidders 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. OMD shall not be responsible for defective registration or incorrect supplier information. Bidders shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

C.1.6.2 EXPLANATION OF TERMS USED IN OREGON BUYS

• “Amendment” means 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).

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

• “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(5). (the date and time specified in a Solicitation

Document as the deadline for submitting Offers).

• “Bid Solicitation” refers to this Invitation to Bid (“ITB”)

C.1.6.3 OBTAINING ITB DOCUMENTS

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

OregonBuys.

mailto:sam.a.goff@omd.oregon.gov https://oregonbuys.gov/bso/

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

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

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

C.1.6.4 ITB ATTACHMENTS AND ADDENDA

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

• Details entered in the Header Information section;

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

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

C.1.7 RESERVED

C.1.8 TRADE SECRETS AND CONFIDENTIAL INFORMATION

Any information that Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Offerors are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The State is not liable for disclosure or release of information when authorized or required by law or court order to do so. The State 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.1.9 SOLICITATION LAW, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Chapter 137, Divisions 046 and 049 of the Administrative

Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.9.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) – Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630 or online at: https://www.oregonlegislature.gov/bils_laws?Pages?ORS.aspx

C.1.9.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES – (OAR Chapter 137, Divisions 046 and 049) – Can be obtained from the Department of Justice, Publications Center, 16 Justice Building, Salem, OR 97310 or online at:

https:///secure.sos.state.or.us/oard/ruleSearch.action

C.1.9.3 In addition to the foregoing, this solicitation and the Contracts are governed by the STATE OF OREGON GENERAL

CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (“General Conditions”) dated January 1, 2012 in Exhibit 8, as modified by the Supplemental General Conditions in Exhibit 9.

C.1.10 BRAND NAME AND EQUIVALENTS

C.1.10.1 REQUIRED BRAND NAME PRODUCTS

For purposes of this Project, exemptions have been granted to require the use of the Brand Names listed below. Bidder may not propose equivalents for the listed Products.

• Aaon

C.1.10.2 EQUIVALENTS

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

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Brand Name Products listed in C.1.10.1 (Required Brand Name Products) must be used where specified in the ITB, Plans, Specifications or other solicitation documents. All other uses of brand names (including those with “approved equal”, “or equal”, “approved equivalent”, or “equivalent”) establishes the minimum requirements for quality, utility, durability, function, appearance, and purpose and does not expressly or implicitly require any product that brand name or mark, nor does it require the product of any particular manufacturer or seller. Other brand names may be used in the construction of the Project as long as they are equal to or better than the product brand named and the product has been pre-approved in Writing during the bidding process detailed in

Section C.2.4.

C.1.11 EXAMINATION OF WORK SITE AND SOLICITATION DOCUMENTS

Before submitting a Bid, Bidders shall carefully examine the site of the proposed Work, and the Solicitations including the Plans, and

Specifications. Bidders shall also contact Utility owners to verify all Utilities' anticipated involvement on the Project Site. Should

Bidder encounter conditions onsite which it believes would impede or interfere with the Work or otherwise finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, Bidder must follow the Request for Clarification process pursuant to C.2.5. If this process is not followed, Bidder is foreclosed from seeking any additional remedy (including time or compensation) resulting from Bidder’s failure to comply with this process.

Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents, finds the

Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered in performing the Work and all requirements of the Contract.

The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure to fully examine the site and become fully informed about all conditions of the Work, or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.

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

FOR APPROVED EQUAL; SOLICITATION PROTEST

C.2.1 PROCEDURE

The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (i) requests for approval of an

“equal” or “equivalent” brand; (ii) requests for clarification; (iii) formal submittal of requests for changes to contractual terms or

Specifications or Plans; and (iv) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS

Requests for brand approval, requests for substitution, requests for clarification, requests for change, and Solicitation protests must be made in Writing via email and be submitted to the POC identified in Section C.1.4.

The subject line of the requests must contain the type of request: (Request for Approved Equal, /Request for Clarification, Request for

Change, or Solicitation Protest) as well as the OregonBuys Number and ITB Number.

C.2.3 DEADLINE FOR SUBMISSION

Requests must be received by the POC by August 25, 2026 at 10:00 am. Unless this specific deadline is extended by subsequent

Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein. Late or faxed requests will not be considered.

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

Requests must be made in accordance with C.2.2.

• Requests must provide all the information necessary for the State to determine product acceptability in accordance with

C.1.10.

• Requests must reference any applicable Specification sections.

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

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

OregonBuys.

• OMD’s approval of an equivalent shall not absolve the requesting Offeror of sole liability related to the proposed product’s failure to meet the specified requirements.

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C.2.5 REQUEST FOR CLARIFICATION

Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, may make a request for clarification or information in accordance with C.2.2.

, Offeror’s failure to advise OMD of a need for clarification will constitute notice that Offeror is fully satisfied with the existing site conditions and the ITB provisions and that it intends to perform its obligations with no impediments to the Work.

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

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

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

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

C.2.8 RESPONSE TO REQUESTS FOR CLARIFICATION

OMD will respond to properly submitted requests for clarification. Contracting Agency may post question and answer documents on

OregonBuys to respond to inquiries when OMD determines, in its sole discretion, the answers do not effect changes to this ITB. OMD may also informally respond to Bidder questions. When appropriate, including approval of equivalents, Contracting Agency will amend the ITB via Addendum posted on OregonBuys.

Unless Contracting Agency amends the ITB by Addendum, a response from OMD does not change Plans, Specifications, contractual terms, or procurement requirements.

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

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

INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS CONTRACTUAL

TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY

OMD AND POSTED ON OREGONBUYS.

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

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

C.4 OFFER SUBMISSION

C.4.1. REQUIRED FORMS

The Offer must include the following completed forms which are submitted in accordance with the requirements of this ITB:

• ITB EXHIBIT 1 PRICING SUBMITTAL FORM

• ITB EXHIBIT 2 BIDDER SUBMISSION FORM

• ITB EXHIBIT 3 BID SECURITY FORM

• ITB EXHIBIT 4 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM. See Section C.4.3 for submission requirements.

C.4.2 HARD COPY OR EMAIL SUBMISSIONS

The Offer must include all required forms and must be submitted either (i) hard copy or (ii) electronically as set forth below. Oral, telegraphic, telephone, or facsimile Bids will NOT be accepted. Offers will not be accepted after the Closing date and time stated on page one (1) of this ITB or as may be extended by any subsequently issued Addenda. Agency reserves the right to reject any Bid that is unreadable. OMD is not responsible for the improper handling of any Offer not properly identified, marked or submitted in a timely manner. OMD will not be responsible for any failure attributable to the transmission or receipt of emailed Bids. Upon Agency’s request, the apparent successful Bidder who submitted its bid via email shall promptly submit its complete original signed Bid.

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• HARD COPY OFFERS must be (i) prepared on the required forms and signed in ink by an authorized representative of the

Offeror, (ii) submitted in sealed packages or envelopes addressed to the POC listed in Section C.1.4 and clearly marked with the Project Name, ITB Number, and OregonBuys Number, (iii) sent through the mail, courier service or be hand-delivered date and time stamped at the Oregon Military Department, AGI Support Branch 3406 Cherry Ave NE Keizer OR 97303 and

(iv) received prior to the Closing date and time. The security requirements for facility access (see C.1.3) apply.

• EMAIL OFFERS must be (i) pdf documents of true and correct copies of the completed forms which have been signed by the authorized representative of the Offeror, (ii) submitted as attachments to an email sent to the POC listed in Section C.1.4 with a subject line including the Project Name, ITB number, and OregonBuys Number, and (iv) received by the POC prior to the Closing date and time.

C.4.3 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM

If required, the First Tier Subcontractor Disclosure form (Exhibit 4) must be (i) included with the Offer submission as described in

C.4.2 or (ii) submitted separately to the POC in the format specified in C.4.2 within two (2) working hours after the Closing. The security requirements for facility access (see C.1.3) apply. Failure to comply with this requirement will result in rejection of the

Offer as non-responsive. First tier subcontractor disclosure forms must comply with Section F of this ITB.

C.5 BID MODIFICATION PRIOR TO CLOSING / BID OPENING DATE

Offers, once submitted, may be modified in Writing before Closing. Modifications made after Offer submission and prior to the

Closing date and time, must be (i) prepared and submitted in accordance with the requirements of C.4, (ii) labelled as “Bid

Modification” with the Project Name, OregonBuys Number, and ITB number, (iii) signed by an authorized representative, a (iv) state that the modifications amend and supersede the prior Offer. The security requirements for facility access (see C.1.3) apply. Failure to comply with the provisions of this paragraph of this Section will result in rejection of the Bid modification.

Nothing in this Section shall be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the

Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

Offerors may not modify Offers after Closing.

C.6 OFFER WITHDRAWALS PRIOR TO CLOSING / BID OPENING DATE

C.6.1 IN WRITING

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

C.6.2 IN PERSON

Offers may also be withdrawn in person before Closing upon presentation of appropriate identification and evidence of authorization to act for Offeror. Signature confirmation of withdrawal may also be required. To withdraw Offers in person, Offeror must make arrangements with the POC to do so during business hours prior to Closing. The security requirements for facility access (see C.1.3) apply.

C.7 OPENING

Offers will publicly opened and read aloud at the Opening on the Closing date and time. Only the name of the Offeror(s) and the bid amounts will be read. It is optional for Offerors to attend the Public Bid Opening. The security requirements for facility access (see

C.1.3) apply. Award decisions will not be made at the Opening. Bids received after the date and time for Closing will not be considered for award.

C.8 PRELIMINARY BID RESULTS

Prior to the Intent-to-Award Announcement, OMD may post preliminary bid results on OregonBuys. Such postings may not be correct and are not final. The posting of the preliminary Bid results is not a representation by Contracting Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror’s Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than sixty (60) calendar days after the

Closing date.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

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

C.11 METHOD OF AWARD

C.11.1 Provided OMD does not cancel the solicitation or reject all Bids pursuant to OAR 137-049-0270, award will be made to the responsible Bidder submitting the total of the lowest responsive bid calculated per C.11.2. OMD may award by Bid item, groups of bid items or the entire Bid provided such award is in the public interest. OMD reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

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

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

OMD reserves the right to reject all Bids.

C.12 OFFER EVALUATION

C.12.1 RESPONSIVENESS

For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Examples of why Bids may be considered nonresponsive and rejected:

• includes non-approved equivalents where approval is required;

• takes exception to the Specifications or Plans or contractual terms of the ITB;

• is contingent upon Contracting 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 such evaluation, OMD may waive minor informalities and irregularities as described in OAR 137-049-0350, and

Contracting Agency 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..

C.12.2 RESPONSIBILITY

Prior to award of a Contract, OMD will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, OMD may investigate Offeror and request information in addition to that already required in the ITB, when OMD, in its sole discretion, considers it necessary or advisable.

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

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

C.12.3 RECIPROCAL PREFERENCES

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

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.

C.13 PROCESSING OF BIDS

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

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C.14 REJECTION OF OFFERS

C.14.1 REJECTION OF ALL OFFERS

OMD may reject Offers for good cause upon its finding that it is in the public interest to do so. Agency will issue written findings if all offers are rejected.

C.14.2 LIQUIDATED AND DELINQUENT DEBT

Contracting Agency 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.

C.14.3 REJECTION OF PARTICULAR OFFERS

OMD may reject a particular Offer for any of the reasons listed under OAR 137-049-0440.

C.15 INTENT-TO-AWARD

OMD will issue to each Bidder or post, electronically or otherwise, Notice of Intent to Award identifying the apparent successful

Bidder (“Awarded Bidder”), pursuant to ORS 279C.375. OMD reserves the right to announce its intent to award prior to formal

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

C.16 PROTEST OF INTENT-TO-AWARD

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

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

C.17 RESPONSE TO INTENT-TO-AWARD PROTESTS

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

C.18 FINAL AWARD

After expiration of the Intent-to-Award protest period in Section C.16 (or after the affirmation of the Award following a protest, if any), OMD will proceed with final Contract award. (If OMD receives only one Bid, OMD may dispense with the intent-to-award protest period and proceed directly with award of a Contract.)

C.19 COMMENCEMENT OF WORK

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

C.20 REVIEW OF AWARDED BID FILES

Upon issuance of the Intent-to-Award, Bid files will be available for review in accordance with Oregon Public Records Law at the

Oregon Military Department Installations Division office by appointment only with the POC listed in Section C.1.4 during regular business hours.

C.21 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCESSFUL OFFEROR

C.21.1 INSURANCE

The apparent successful Offeror shall provide all required proofs of insurance to OMD within fourteen (14) calendar days from the date of the Intent-to-Award. Failure to present the required documents within this period may result in Offer rejection. Offerors are encouraged to consult their insurance agents(s) about the insurance requirements as identified in Section G.3 of the General

Conditions for Public Improvement Contracts in Exhibit 8 and the Supplemental General Conditions in Exhibit 9 prior to Offer submission.

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

DOJ Approved 4-28-26 Version ITB #260037C001 Page 13 of 53 and are approved by OMD. OMD’s approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.21.2 PERFORMANCE BOND and PAYMENT BOND

The successful Offeror must furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded

Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

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

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

RESULTING CONTRACT.

The apparent successful Offeror shall provide all required bonding to the POC within seven (7) calendar days from the date of the

Intent-to-Award. Failure to present the required documents within this period may be grounds for award disqualification.

C.21.3 JOINT VENTURE/PARTNERSHIP INFORMATION

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

C.21.4 CERTIFICATE OF PAY EQUITY TRAINING

Prior to execution of the Contract, the apparent successful Offeror must submit to the POC within fourteen (14) calendar days from the date of the Intent-to-Award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of

Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Offerors that employ

50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.00.

C.21.5 FOREIGN CONTRACTOR

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

C.21.6 EXECUTION OF PUBLIC IMPROVEMENT AGREEMENT

Once all items required under Section C.21.1-5 have been received from the apparent successful Offeror and accepted by OMD, OMD will finalize and email the Public Improvement Agreement Form (see Exhibit 7) to the Bidder, which the Bidder shall sign and return in Writing (hard copy or by email, as directed by SPC) and within the timeline designated by SPC. OMD will then sign the

Public Improvement Agreement Form and email a fully executed copy of it to the Bidder.

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

In the event that apparent successful Bidder fails to timely provide the information required or execute the Public Improvement

Agreement Form in accordance with this Section, Offeror’s Bid Security will be forfeited as set forth in Section D.5.

SECTION D – BID SECURITY REQUIREMENTS

D.1 FURNISHING BID SECURITY

Each Offer must be accompanied by Bid Security in an amount equal to ten percent (10%) of the total amount of the Offer. OMD will accept only the following forms of Bid Security: (a) A surety bond from a surety company authorized to do business in the State of

Oregon; (b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or (c) A cashier's check or

Offeror's certified check.

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

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

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D.2 FORFEITURE OF BID SECURITY

A Bidder who is awarded a contract and who fails promptly and properly to execute the contract and to deliver the performance bond, the payment bond and the proof of insurance (when bonds or insurance are required), shall forfeit the bid 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.3 RETURN OF BID SECURITY

OMD will return the bid security of the successful Bidder to the Bidder after the Bidder:

(a) executes the public improvement contract, and

(b) delivers a good and sufficient performance bond, a good and sufficient payment bond, and any required proofs of insurance in accordance with Section C.21.

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

SECTION E – OREGON PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to

Prevailing Wage Rates, as outlined in Sections C.1, C.2, and C.2.3 of the General Conditions for Public Improvement Contracts.

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

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

E.3 The Work will take place in Umatilla County, SECTION F – INSTRUCTIONS FOR FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(EXHIBIT 4)

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Offerors are required to disclose information about certain first-tier subcontractors when OMD estimates the Contract value for a Public Improvements to be greater than $100,000. Specifically, when the

Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, will be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

• The subcontractor’s name,

• Dollar value and,

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

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

F.2 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers that are submitted by

Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and will not be considered for Contract award.

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

INFORMATION BY THE STATED DEADLINE

F.3 OMD shall obtain, and make available for public inspection, the disclosure forms required by OAR 137-049-0360. OMD shall also provide copies of disclosure forms to the BOLI as required by ORS 279C.835. OMD is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors must be made only in accordance with ORS 279C.585.

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State of Oregon – Oregon Military Department

Invitation to Bid

EXHIBIT 1

PRICING SUBMITTAL FORM

ITB 260037C001

PENDLETON AASF#2 HVAC UPGRADES

PRICING SUMITTAL INSTRUCTIONS:

Offerors must enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this Pricing

Submittal Form is replaced by Addendum, Offerors must use the Addendum form to provide pricing and other required information. If the Pricing submittal Form is only modified by Addendum, Offerors must follow the instructions in the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form or subsequent

Addenda may result in Bid rejection as non-responsive.

BASE BID To include all work described in the ITB, Statement of Work, Plans, Specifications, drawings, and any issued Addenda.

to deliver a complete, commissioned, fully functioning HVAC system..

OWNER’S CONTINGENCY: Offerors must include a Contingency Budget/Allowance of $40,000.00 within the Base Bid. This value is controlled by the Owner (OWNER DIRECTED) and will be used at the Owner’s sole discretion. Successful Offeror must include this Contingency in its schedule of values as part of the Base Bid and contracted value. Owner may adjust the Contingency

Budget/Allowance for contract award.

BASE BID and OWNER’S CONTINGENCY – LUMP SUM: $

NOTE: Bid prices include profit and overhead. Items not explicitly listed in the bid schedule above are considered incidental.

The undersigned understands that the State reserves the right to increase or decrease the above quantities at the same unit prices as shown or to remove items as necessary to meet budgetary constraints.

The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all operations shown and specified in accordance with the Contract

Documents for the price(s) set herein.

Pricing submitted…