ITB S-63500-00016414 - Clackamas Siphon Mod_4-6-26.pdf

State of Oregon

Invitation to Bid

Clackamas Hatchery Siphon Modifications

Engineering Project No. 23-014

BID # S-63500-00016414

Department of Fish and Wildlife

This Invitation to Bid (“ITB”) is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB Section C.1 – OREGONBUYS / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

This document must be viewed electronically to access files, forms, provisions and any other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda, or other documents listed in the OregonBuys system may contact the Purchaser/Single Point of

Contact (“SPC”) (see Section A.2) for alternative formats and any reasonable accommodations that might be needed.

https://oregonbuys.gov/bso/

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 1

TABLE OF CONTENTS

SECTION A PROJECT AND SOLICITATION SUMMARY

SECTION B DEFINITIONS

SECTION C INSTRUCTIONS TO BIDDERS

SECTION D AWARD

ATTACHMENT A BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

• FORM A-3: BID SECURITY FORM

• FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

ATTACHMENT B TECHNICAL SPECIFICATIONS:

• ATTACHMENT B-1: Clackamas Hatchery Siphon Modifications, dated March 30, 2026

• ATTACHMENT B-2: ODFW Clackamas Hatchery Siphon Modifications dated April 2025, prepared by QRS Consulting

Attachments B-1 and B-2 are found as 2 separate uploads on OregonBuys.

ATTACHMENT C PLANS AND DRAWINGS: Oregon Department of Fish and Wildlife Clackamas Hatchery Siphon Modifications Issued for Construction dated April 23, 2025 prepared by QRS Consulting

• GENERAL: G001, G002, G003, G004, G005

• DEMOLITION: D100, D300

• CIVIL: C100, C101, C102, C103, C104

• STRUCUTRAL: GS001, GS002, S300, S301, S302

• MECHANICAL: PF001, M300, M301, M303

• ELECTRICAL: E001, E002, E100, E101

Attachment C is found as 1 separate upload on OregonBuys.

ATTACHMENT D SAMPLE PUBLIC IMPROVEMENT CONTRACT, FORMS AND EXHIBITS

• ATTACHMENT D-1: SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

• ATTACHMENT D-2: PERFORMANCE BOND FORM

• ATTACHMENT D-3: PAYMENT BOND FORM

• ATTACHMENT D-4: GENERAL CONDITIONS AND CONTRACT

CLOSEOUT COMPLIANCE CHECKLIST

• ATTACHMENT D-5: INSURANCE REQUIREMENTS

ATTACHMENT E ADDITIONAL PROJECT REQUIREMENTS

• ATTACHMENT E-1: FEDERAL TERMS AND CONDITIONS

• ATTACHMENT E-2: ARCHAEOLOGICAL AND HUMAN REMAINS

INADVERTENT DISCOVERY PLAN (IDP)

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 2

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the Clackamas Hatchery Siphon modifications (the “Project”) for the benefit of the Oregon Department of Fish and Wildlife (the “Contract”). The work to be performed under the Contract shall consist of furnishing tools, equipment, materials, supplies, permits and manufactured articles; furnishing transportation and services, including fuel, power, water, and essential communications; and the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents, including, but not limited to Attachments B-1 and B- 2 —Technical Specifications, and Attachment C—Plans and Drawings (the “Work”).

The Work, includes, but is not limited to:

(1) Demolition as indicated in Attachment C or as needed.

(2) Installation of new piping.

(3) Construction of a new siphon building.

A.2 SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”)

Any questions or issues that may arise regarding the ITB and its attachments, bidding process, change, clarification, award process, protests, and any other issues must be directed to the SPC identified below:

Claire Duvall claire.j.duvall@odfw.oregon.gov 4034 Fairview Industrial Dr. SE Salem, OR 97302

(971) 372-8721

Note: OregonBuys refers to SPC as “Purchaser”.

A.3 SOLICITATION SCHEDULE

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

ACTIVITY SCHEDULE/DEADLINE

Mandatory Pre-Bid Conference See A.10, below

Deadline for solicitation protests, requests for change, requests for clarification, requests for approval of equivalents, and questions

4/20/2026, at 3:00 PM mailto:claire.j.duvall@odfw.oregon.gov

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 3

Deadline for Bid Submittal (“Closing”) 4/28/2026, at 3:00 PM

Public Opening Immediately after Bid Opening Date and time. (See “Public Opening” below for details on attending Public Opening)

Deadline for Award Protest

7 calendar days after issuance of the Notice of Intent to Award.

See ITB Section D.4

A.4 PROJECT LOCATION

The Project is located at the following address:

Clackamas Fish Hatchery 24500 S Entrance Rd Estacada, OR 97023

A.5 SITE ACCESS

Site access will be provided. THIS ADDITIONAL SITE ACCESS WILL NOT SUBSTITUTE FOR ATTENDANCE AT ANY MANDATORY PRE-BID CONFERENCE (See Section A.10). Agency staff will not be onsite to answer questions during alternate site access times. All Bidder questions must be submitted using the process set forth in Section C.4.

A.6 PROJECT COST ESTIMATE AND FUNDING

The following range is a Project estimate for bonding purposes: $275,000 to $300,000.

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

Federal Funds: Department of Commerce; National Oceanic and Atmospheric Administration (NOAA); Grant, Mitchell Act IRA

This ITB and resulting contract is also subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-

58. All iron, steel, manufactured products, and construction materials used in this Project must be produced in the United States.

A.7 KEY PROJECT DATES

PROJECT START DATE: 5/5/2026 (or upon issuance of Notice to Proceed)

SUBSTANTIAL COMPLETION: 6/15/2026

FINAL COMPLETION: 6/29/2026 (14 days after Substantial Completion)

A.8 LIQUIDATED DAMAGES

Liquidated damages of $500.00 per calendar day will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (see also Attachment D-1).

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 4

A.9 PREVAILING WAGE RATES

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:

BOLI Prevailing Wage Rates for Public Contracts:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The Work will take place in Clackamas County, BOLI Region 2.

This ITB and the resulting Contract are also subject to federal Davis-Bacon Act and Related Acts requirements.

Bidders may obtain the applicable federal wage rates through the following System for Award Management website: https://sam.gov/content/wage-determinations.

The awarded Contractor shall pay the higher of the BOLI wage rates and fringe benefits, as identified in the above BOLI wage rate booklet, or the Davis-Bacon federal wage rates and fringe benefits last published prior to the Closing date set forth in this ITB. Bidders are advised that federal Davis-Bacon wage rates may be amended at any time prior to the Bid Opening Date and that Contractors remain responsible for meeting federal Davis-Bacon Act and Related Acts requirements and State of Oregon prevailing wage rate requirements. Additional information regarding Davis-Bacon Act and wages is available at the following website:

https://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#GENERAL

A.10 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on 4/14/2026 at 11:00 AM (PST), located at 24500 S Entrance Rd, Estacada, OR 97023.

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

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

BID CONFERENCE IN PERSON, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS

FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE REQUIREMENTS WILL BE

REJECTED AS NONRESPONSIVE.

A.11 PUBLIC OPENING

The public Opening will occur immediately following the Closing, unless otherwise specified.

Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://sam.gov/content/wage-determinations https://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#GENERAL https://www.dol.gov/agencies/whd/government-contracts/prevailing-wage-resource-book/db-wage-determinations#GENERAL

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 5

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

A Microsoft Teams meeting will be held at 3:00 PM PST for the public Opening following the Closing. Be sure to have Microsoft Teams access available on your computer or mobile phone and follow the following link:

Join the meeting now Meeting ID: 298 828 460 917 85 Passcode: wE3Ai2wk

Dial-in by phone: 503-446-4951 Phone conference ID: 228 049 688#

SECTION B – DEFINITIONS

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

"Addendum" (referred to as "Amendment" in OregonBuys) means an addition or deletion to, 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 Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049-0250(2). The plural form of "Addendum" is "Addenda".

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

"Bid" (referred to as "Quote" in OregonBuys) means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award (see Section C.7.3 – Bid Package Requirements). Bid also means "Offer".

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

"Closing" (referred to as "Bid Opening Date" in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

For purposes of Build America, Buy America, “Construction Materials” includes an article, material, or supply that is or consists primarily of: non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, or drywall. “Construction materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs to the construction material.

"DAS" means the Oregon Department of Administrative Services.

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

https://teams.microsoft.com/meet/29882846091785?p=znVGp3casM2ZqlxOPl

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 6

"OregonBuys" means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at:

https://oregonbuys.gov/bso/.

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

"Plans and Drawings" referenced in this ITB means Attachment C – Oregon Department of Fish and Wildlife Clackamas Hatchery Siphon Modifications Issued for Construction dated April 23, 2025 prepared by QRS Consulting.

“Produced in the United States” means (a) in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) in the case of manufactured products that the manufactured product was manufactured in the United States and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product.

"Public Improvement" means a project for construction, reconstruction or major renovation on real property by or for an Agency.

"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.

"Specifications" and "Technical Specifications" referenced in this ITB means Attachments B-1 - Clackamas Hatchery Siphon Modifications, dated March 30, 2026, and B-2 – ODFW Clackamas Hatchery Siphon Modifications dated April 2025, prepared by QRS Consulting.

"State" means the State of Oregon.

"Writing" means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression, intended to represent or convey particular ideas or meanings.

"Writing" when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters, and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

SECTION C – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT. Bidders must be registered in OregonBuys to do business with the State. Registration is free. 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. Agency shall not be responsible for defective registration or incorrect supplier information. Bidders shall contact support.oregonbuys@das.oregon.gov with any questions or https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx mailto:support.oregonbuys@das.oregon.gov

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 7 supplier registration support.

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from OregonBuys at:

https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

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

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

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, this ITB 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” sections; and

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

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

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

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

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

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

• Purchaser: Refers to the SPC identified on the Cover Page of this ITB.

Quote: Bid Package (see Section C.7).

C.2 SOLICITATION LAWS, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS and the implementing regulations found in OAR Chapter 137, Divisions 046 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules.

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

https://oregonbuys.gov/bso

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 8

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

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

C.2.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES (OAR Chapter 137, Divisions 046 and 049). Can be obtained online at:

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

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

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

C.3 BRAND NAME AND EQUIVALENTS

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

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

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

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

SOLICITATION PROTESTS

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

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

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS.

Bidders may request changes to contractual terms, Plans, or Specifications. The request shall include a statement of the requested changes and the reason for the requested changes.

C.4.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS. Bidders may protest contractual terms and conditions, Plans or Specifications. The protest shall include a detailed statement of the legal and factual grounds for the protest, a description of the resulting https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx https://secure.sos.state.or.us/oard/ruleSearch.action

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 9 prejudice to the Bidder if the protest is not granted, and a statement of the desired changes to the contractual terms and conditions, Plans or Specifications.

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

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

Body of Email: ITB Number and Bid Opening Date

Requests and solicitation protests must be received by the Purchaser/SPC by the deadline provided in the Solicitation Schedule (see Section A.3). Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

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

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

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

Requests for clarification, requests for change, and protests of Addenda shall be submitted to the SPC per the method provided in Section C.4.5 and must be received by the time and date specified in the Addendum or they will not be considered. Agency will not consider requests or protests of matters not addressed by the Addendum.

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7 BID PACKAGE SUBMISSION

C.7.1 BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than 120 calendar days from the Bid Opening Date.

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 10

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

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys.

Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

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

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

C.7.3 BID PACKAGE REQUIREMENTS

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

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

(3) Bid Security. Bidders must provide bid security in an amount equal to 10% of the total amount of the Bid (“Bid Security”) prior to Closing. Agency will accept the following forms of Bid Security:

(a) Bid bond from a surety company authorized to do business in the State of Oregon. If Bid Security is furnished by means of a Bid bond, the State of Oregon Bid Security Form, provided as Attachment A, Form A-3, is the required form to be used for this ITB and it must be uploaded via an electronic file on OregonBuys. At any time during the solicitation, upon request or demand by Agency, Bidder must immediately furnish the original of any Bid Security submitted via electronic means to the SPC.

(b) A fully executed certified or cashier’s check or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008. If using one of these methods, Bidder shall contact SPC to arrange for delivery prior to Closing.

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

C.7.4 SIGNATURES. All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by Agency.

C.7.5 TIMELINESS. Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. Agency shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals.

C.7.6 FAILURE OF ELECTRONIC SYSTEMS. Agency is not and shall not be held responsible for failure of OregonBuys or any email system that interferes with the ability of Bidders to submit 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

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 11

Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of OregonBuys or any email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after OregonBuys or any email system becomes available.

C.7.7 HARD COPIES AND ORIGNALS. Agency reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package.

Further, Agency reserves the right to require that the apparent successful Bidder promptly submits its complete original signed Bid to Agency.

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

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

Nothing in this Section shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

Bidders shall not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

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

SECTION D – AWARD

Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB (see also Section A.3, Solicitation Schedule). Bids received after the Bid Opening Date will not be considered for award.

D.1 PRELIMINARY BID RESULTS

Following public Opening (see Section A.11), Agency may post preliminary Bid results on the OregonBuys System. Such posts may not be correct and are not final. The posting of the preliminary Bid results is not a representation by Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided Agency 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 lowest responsive Bid, calculated as follows.

(1) LUMP SUM. If the ITB requires a lump sum Bid, without additive or deductive alternates, or if

Agency elects not to award additive or deductive alternates, Bids will be compared based on lump sum prices or lump sum base Bid prices, as applicable. If the ITB calls for a lump sum base

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Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by Agency, for the purpose of comparing

Bids.

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by Agency, for the purpose of comparing Bids. Agency will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049- 0350(2)(b).

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

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE. RESERVED

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

• includes non-approved equivalents where approval is required;

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

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

• is unreadable.

In making a responsiveness determination, Agency may waive minor informalities as described in OAR 137-049-0350, and 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.

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

Agency shall notify the apparent successful Bidder, in Writing, of any other documentation required for it to complete its responsibility inquiry, which may include, but is not limited to:

recent profit-and-loss history, current balance statements, assets-to-liabilities ratio (including number and amount of secured versus unsecured creditor claims), availability of short and long-term financing, bonding capacity, credit information, material, equipment, facility and personnel information, performance record of Contract performance, and similar information.

Submission of a signed Bid shall constitute approval for Agency to obtain any information Agency deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. Agency may postpone the award of the Contract after posting a notice of its intent to award (“Notice of Intent to Award”) to complete its investigation and evaluation. Failure of the apparent successful Bidder

ITB Number-S-63500-00016414 Clackamas Hatchery Siphon Modifications 13 to demonstrate responsibility as required under OAR 137-049-0390 shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 137-049- 0440.

D.3 REJECTION OF BIDS

D.3.1 REJECTION OF ALL BIDS. Agency may reject all Bids 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.

D.3.2 LIQUIDATED AND DELINQUENT DEBT. 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.

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

D.4 NOTICE OF INTENT TO AWARD

Agency 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.

D.5 PROTEST OF INTENT TO AWARD

Bidders who are adversely affected or aggrieved because all other Bids were nonresponsive or Agency committed a violation of a provision of the ITB or procurement statute or administrative rules in evaluation of the Bids may submit a protest of the Notice of Intent to Award. The protest must be in Writing, specify the grounds upon which the protest is based and be submitted via email to the Purchaser/SPC within 7 days after issuance of the Notice of Intent to Award. Protests received after that date will not be considered. See also OAR 137-049-0450.

D.6 FINAL AWARD

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

D.7 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following required documents to Agency:

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

• Performance and Payment Bonds. Using the forms provided in Attachment D-2 and Attachment D-3, the Awarded Bidder shall furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State.

• W-9 Form. When requested by Agency or when the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any, Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at:

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

Failure to present the required documents within 7 days of final award (see Section D.6) may result in revocation of award and forfeiture of the Bid Security as described in Section D.8.1.

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

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

D.8 EXECUTION OF PUBLIC IMPROVEMENT CONTRACT

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

D.8.1 FOREFEITURE OF BID SECURITY. An Awarded Bidder who fails to promptly and properly execute the contract and to deliver the Performance Bond, the Payment Bond, and the proof of insurance (when bonds or insurance are required) within the timeframes specified in D.7, shall forfeit the Bid Security that accompanied the successful Bid. The Bid Security shall be taken and considered as liquidated damages and not as a penalty for failure of the Bidder to execute the Contract and deliver the bonds and proof of insurance.

D.9 RETURN OF BID SECURITY

D.9.1 Agency shall return the Bid Security of the Awarded Bidder to the Bidder after the Bidder:

a) executes the Contract, and

b) delivers a good and sufficient Performance Bond, a good and sufficient Payment Bond, and any required proof of insurance in accordance with Section D.7.

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

D.10 REVIEW OF SOLICITATION FILES

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

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ATTACHMENT A

BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

• FORM A-3: BID SECURITY FORM

• FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

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FORM A-1 — BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB S-63500-00016414

Business Name: ___________________________________

Is Bidder authorized to transact business by the Oregon Secretary of State? Yes ☐ / No ☐

• If yes, provide business registry number or otherwise describe authorization:

Business Owner(s) Name:

Business Address:

Bidder is a: (select one)

☐ Resident Bidder. "Resident Bidder" as defined under ORS 279A.120 means a Bidder that has paid unemployment taxes or income taxes in this State during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a Resident Bidder.

☐ Non-resident Bidder. "Non-resident Bidder" as defined under ORS 279A.120 means a Bidder who is not a Resident Bidder as defined above. When a public contract is awarded to a Non-resident Bidder and the contract price exceeds $10,000, the Bidder shall promptly report to the Department of Revenue on forms to be provided by the Department the total contract price, terms of payment, length of contract, and such other information as the Department may require before the Bidder may receive final payment on the public contract.

Telephone Number: _______________________

Email Address: _______________________

Federal Employer Identification Number (“FEIN”) Number: _______________________

Unique Entity Identifier (“UEI”) Number: _______________________

Bidders must be licensed with the State of Oregon Construction Contractors Board (“CCB”) prior to bidding on Public Improvement Contracts (OAR 137-049-0200). FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION. Contractor certifies that each of its subcontractors participating in the Project will be similarly registered with the CCB before each subcontractor commences Work under the Contract.

CCB REGISTRATION NO.: _______________________

EXPIRATION DATE OF CCB NO.: _______________________

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Contract Authorized Representative Name: __________________________________________

If Bidder is a joint venture or partnership, the individual named above must be authorized to sign on its behalf and execute agreements. Additionally, upon request, Bidder shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venture or partnership.

PUBLIC WORKS BOND

Pursuant to ORS 279C.830(2) and OAR 839-025-0015, Contractor and every subcontractor shall have a Public Works bond filed with the CCB before starting Work on the Project. This bond is in addition to Performance Bond and Payment Bond requirements.

Name of Public Works Bonding Company: ___________________________________________

Address of Public Works Bonding Company:

Agent Name: ___________________________

Phone: ___________________________________

Public Works Bond Number: ____________________________________________

If exempt from this requirement under ORS 279C.836(4), (7), (8), or (9), list applicable exemption and describe:

SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

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

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

Name: ________________________________________________________________________

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Name: ________________________________________________________________________

Name: ________________________________________________________________________

Name: ________________________________________________________________________

Name: ________________________________________________________________________

RESPONSIBILITY INQUIRY

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

1. Does Bidder have available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? Yes ☐ / No ☐

2. Within the last 5 years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party?

Number of contracts: _____________

3. How many contracts did not meet those standards? Number of contracts: ___________

If any contracts did not meet those standards, please provide an explanation:

Has Bidder been debarred or otherwise disqualified from bidding on contracts by any state, local, or federal agency under any state or federal law? Yes ☐ / No ☐

If yes, please provide an explanation:

4. Within the last 3 years, has Bidder had:

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

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

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Yes ☐ / No ☐

If yes, please provide an explanation: (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

5. Within the last 3 years has Bidder been criminally or civilly charged, indicted, or convicted in connection with:

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

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

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

Yes ☐ / No ☐

If yes, indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges below:

Does Bidder have any outstanding or pending judgments against it? Yes ☐ / No ☐

If yes, please provide an explanation:

6. Is Bidder experiencing financial distress or having difficulty securing financing?

Yes ☐ / No ☐

If yes, please provide an explanation:

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7. Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? Yes ☐ / No ☐

If no, please provide an explanation:

Within the last 3 years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? Yes ☐ / No ☐

If yes, provide the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable:

Does Bidder have all required licenses, insurance and/or registrations, if any, and is

Bidder legally authorized to do business in the State of Oregon? Yes ☐ / No ☐

If no, please provide an explanation:

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

Yes ☐ / No ☐ / Not Applicable ☐

[If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

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Does Bidder have documented diversity, equity and inclusion values and practices as required pursuant to Executive Order 22-15? Yes ☐ / No ☐

9. Within the last 3 years has the Offeror, or any officer, partner, agent or employee of Offeror been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts and ORS 279C.800 – ORS 279C.870) in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

Yes ☐ / No ☐

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

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

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

(c) The reasons for the violation

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

Response:

RECORD OF SATISFACTORY PERFORMANCE

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

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

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

Project #1

Description of Project: ___________________________________________________________

Project Location: ________________________________________________________________

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Project Date:…