Posting 1.6.2022 - ITB SE Campus MDF HVAC Replacement.pdf

PUBLIC IMPROVEMENT PROJECT

INVITATION TO BID

Solicitation No: P&CC21-014-ITB

Southeast Campus MDF HVAC Replacement

ITB Closing (Due Date & Time):

February 3, 2022 at 2:00PM Pacific Time

Issued by:

Portland Community College

9700 SW Capitol Highway – Suite 260 Portland, OR 97219

January 6, 2022

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Solicitation No: P&CC21-014-ITB SE Campus MDF HVAC Replacement

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Table of Contents Published Legal Notice and ITB Summary

SECTION I – INTRODUCTION

1. INTRODUCTION

2. DEFINITIONS

3. SOLICITATION REVIEW

4. BACKGROUND

5. SCOPE OF WORK

6. CONTRACT

7. AMENDMENTS

8. COLLEGE REPRESENTATIVES

9. SOLICITATION SCHEDULE

10. CONTACT DURING SOLICITATION

11. COVID-19 PANDEMIC CONDITIONS

12. OREGONBUYS

13. DETAILED SPECIFICATIONS, PLANS, AND TECHNICAL ENGINEERING DRAWINGS

14. BRAND NAME CITATIONS / REQUEST FOR SUBSTITUTIONS

15. PROJECT SCHEDULE

16. BONDS, INSURANCE, AND CONTRACT EXECUTION

17. NOTICE TO PROCEED

18. BUSINESS EQUITY

19. SUSTAINABILITY COMMITMENT

20. ADDITIONAL REQUIREMENTS

SECTION II - RESPONSE

1. BID PREPARATION

2. FORMS

SECTION III – INSTRUCTIONS TO BIDDERS: PUBLIC IMPROVEMENT PROCUREMENT RULES

1. FORMAL SELECTION PROCEDURE

2. ELIGIBILITY TO BID - Pursuant to OAR 137-049-0230

3. PRE-BID CONFERENCE - Pursuant to OAR 137-049-0240

4. ADDENDA - Pursuant to OAR 137-049-0250

5. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS - Pursuant to OAR 137-049-0260

6. CANCELLATION OF SOLICITATION - Pursuant to OAR 137-049-0270

7. BID SUBMISSIONS - Pursuant to OAR 137-049-0280

8. ELECTRONIC PROCUREMENT - Pursuant to OAR 137-049-0310 and OAR 137-047-0330

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL - Pursuant to OAR 137-049-0320

10. RECEIPT, OPENING, & RECORDING OF BIDS; CONFIDENTIALITY OF BIDS - Pursuant to OAR 137-049-0330 ... 13

11. LATE BIDS, WITHDRAWALS AND MODIFICATIONS - Pursuant to OAR 137-049-0340

12. MISTAKES - Pursuant to OAR 137-049-0350

13. FIRST-TIER SUBCONTRACTORS; DISCLOSURE AND SUBSTITUTION - Pursuant to OAR 137-049-0360

14. BID EVALUATION CRITERIA - Pursuant to OAR 137-049-0380

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15. BID EVALUATION & AWARD; DETERMINATION OF RESPONSIBILITY - Pursuant to OAR 137-049-0390

16. NOTICE OF INTENT TO AWARD - Pursuant to 137-049-0395

17. DOCUMENTATION OF AWARD; AVAILABILITY OF AWARD DECISIONS - Pursuant to OAR 137-049-0400

18. TIME FOR CONTRACTING AGENCY ACCEPTANCE; EXTENSION - Pursuant to OAR 137-049-0410

19. NEGOTIATION WITH BIDDERS PROHIBITED - Pursuant to OAR 137-049-0420

20. NEGOTIATION WHEN BIDS EXCEED COST ESTIMATE - Pursuant to OAR 137-049-0430

21. REJECTION OF BIDS - Pursuant to OAR 137-049-0440

22. PROTEST OF CONTRACTOR SELECTION, CONTRACT AWARD - Pursuant to OAR 137-049-0450

23. BID COSTS

SECTION IV – INSTRUCTIONS TO BIDDERS: PUBLIC WORKS

1. PUBLIC WORKS REQUIREMENTS

2. REGISTRATION REQUIREMENTS

3. BOLI/PWR REQUIREMENTS - Pursuant to ORS 279C.800 to 279C.875

4. BONDS

5. SUBSTITUTE CONTRACTOR - Pursuant to OAR 137-49-0470

6. FOREIGN CONTRACTOR - Pursuant to OAR 137-49-0490

7. CERTIFIED PAYROLL WITHHOLDING - Pursuant to ORS 279C.845

8. DRUG TESTING REQUIREMENT

9. OTHER TERMS AND CONDITIONS

SECTION V – ATTACHMENTS

BID SUBMISSION CHECKLIST

ATTACHMENT A - BIDDER CERTIFICATION

ATTACHMENT B - BID SCHEDULE

ATTACHMENT C - CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR

ATTACHMENT D - AFFIDAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS

ATTACHMENT E - NON-CONFLICT OF INTEREST CERTIFICATION

ATTACHMENT F - BIDDER RESPONSIBILITY FORM

ATTACHMENT G - BIDDER REFERENCE FORM

ATTACHMENT H - FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

ATTACHMENT I - SUBSTITUTION REQUEST FORM

ATTACHMENT J – SAMPLE CONTRACT

ATTACHMENT K – ENGINEERING DRAWINGS and TECHNICAL SPECIFICATIONS

` Planning & Capital Construction 9700 SW Capitol Highway – Suite 260

Portland, OR 97219

PORTLAND COMMUNITY COLLEGE

PUBLIC IMPROVEMENT

INVITATION TO BID

SE CAMPUS MDF HVAC REPLACEMENT

Solicitation No: P&CC21-014-ITB

Published Legal Notice and ITB Summary

The purpose of this Invitation to Bid (“ITB” or “Solicitation”) is to obtain competitive Bids from qualified General Contractors (Bidder) interested in the provision of providing a replacement HVAC System for the Southeast Campus MDF (Computer Room) for Portland Community College.

This is a public works project subject to ORS 279C.800 to 279C.875. The applicable Prevailing Wage Rates are the Prevailing Wage Rates for Public Works Contracts in Oregon effective January 1, 2022. The work will take place in Multnomah County, Oregon.

A MANDATORY Pre-Bid Conference will be held on Tuesday, January 18, 2022 at 10:00AM at the Southeast Campus. Due to the COVID-19 pandemic, there are certain conditions and requirements concerning the Pre- Bid conference, including requiring pre-registration. Refer to the ITB document for these instructions.

Bidders must submit their Bid pursuant to the provisions of this Solicitation to the following secure email address: HVACBids@docs.e-builder.net PRIOR to the Closing:

SOLICITATION CLOSING: February 3, 2022 at 2:00PM Pacific Time

LATE BIDS WILL NOT BE ACCEPTED

Timely submitted Bids will be opened in public and read aloud at a Virtual Conference as detailed in Section 1 of the ITB document.

Bidders are solely responsible for ensuring that Portland Community College receives its Bid.

Bidders must submit a First-Tier Subcontractor Disclosure Form *EITHER* with the sealed Bid submission *OR* in a separate emailed submission to the secure email address cited above no later than:

DISCLOSURE DEADLINE: February 3, 2022 at 4:00PM Pacific Time

Prospective Bidders must register with OregonBuys – https://oregonbuys.gov/bso/ to obtain the Solicitation documents.

Emerging small businesses, as well as minority-owned, women-owned, service disabled veteran-owned, and disadvantaged business enterprises are encouraged to submit a response to this Solicitation.

Bidders must familiarize themselves with the entire Solicitation.

All questions and comments about this solicitation must be directed ONLY IN WRITING to

James Lasseter, P&CC Buyer, by e-mail to: james.lasseter@pcc.edu NOTE: This email address is NOT the secure email address to be used when submitting a Bid.

BIDS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION

THE COLLEGE MAY REJECT ANY BID NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS.

Publication Date of This Notice: January 6, 2022 By: James Lasseter, P&CC Buyer mailto:HVACBids@docs.e-builder.net https://oregonbuys.gov/bso/ mailto:james.lasseter@pcc.edu

Solicitation No: P&CCS21-014-ITB

SECTION I – INTRODUCTION

1. INTRODUCTION

1.1. This Solicitation is issued pursuant to ORS 279A, ORS 279C and the PCC Community College Rules of Procurement.

2. DEFINITIONS

2.1. The term "College", “PCC”, or “Owner” throughout this document mean Portland Community College.

The term “Bidder” means the person or firm that submits a Bid in response to this Solicitation. The term “Bid” or “Offer” means a written response to provide services in response to this Solicitation.

“Closing” means the date and time specified in the Solicitation as the deadline for submitting Bids.

The term “Contractor” or “Supplier” means the Bidder awarded a contract as a result of this Solicitation.

3. SOLICITATION REVIEW

3.1. Bidders must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the College's attention by protest pursuant to REQUEST FOR CLARIFICATION OR CHANGE;

SOLICITATION PROTESTS in Section IV, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND

4.1. As the largest post-secondary institution in Oregon, PCC serves over 60,000 full-time and part-time students. PCC offers high-quality education and opportunities for its students, which in turn contributes to the vibrancy of Portland's economic community.

4.2. PCC aims to educate a skilled workforce, prepare students to successfully transfer to four-year schools, enrich the community through lifelong learning, build a greener workforce and shrink our carbon footprint, and be a sound financial steward of public dollars.

4.3. Four comprehensive campuses, eight centers, and dozens of independent locations throughout the community offer courses and provide student services. Online Learning gives students the ability to take classes off campus.

5. SCOPE OF WORK

5.1 Portland Community College is planning to update its existing HVAC units at our Southeast campus main technology equipment room (MDF). The Southeast campus is located on the corner of Southeast Division and 82nd Avenue. The MDF is located in the Mt. Tabor Hall building. Included in this request, the removal of the existing AC unit and, replacing with new units supporting a best practices approach with two units in a lead/lag operation. Detailed specifications and requirements are cited in the Attachment K, consisting of engineering drawings and other technical documents.

5.2 The bidder will need to provide references highlighting experience working in data centers and other IT spaces with active electronics. The awarded contractor will be expected to serve as the prime contractor and be responsible for a turn key project. This will include subcontracting the electrical and plumbing work noted on the document in the case they do not have the expertise to complete the work themselves. Unit controls and integration into our existing BAS system will be handled by N.C.C. The awarded contractor shall be responsible in developing a detailed construction phasing schedule that will identify all phases of work. The awarded will also be responsible for project closeout and submitting as – built documentation described in the project deliverables section of this request.

5.3 Contractor Minimum Requirements

5.3.1 Experience in working in an active data center environment

5.3.2 Experience in working as the General (“prime”) Contractor and managing subcontractors to complete an existing HVAC upgrade.

5.4 Objectives

5.4.1 Remove and replace existing HVAC units supporting the MDF

5.4.2 Update and configure existing condesate lines to support the new equipment

5.4.3 Update Electrical to support the new HVAC

5.5 Assumptions

5.5.1 Work to be completed during these working hours: M-F, 7:00am – 3:30pm

5.5.2 Contractor will provide skilled personnel for the project who can work independently with proper tools, and appropriate safety training.

5.6 Deliverables

5.6.1 Replacement and removal of existing AC units supporting the Mt. Tabor MDF.

5.6.2 Updated as-built documentation including controls, HVAC, and electrical.

Documentation to be delivered via AutoCAD drawing and PDF on a thumb drive.

5.6.3 A detailed work plan identified with scheduling and work plan

5.7 Exclusion

5.7.1 The controls scope will be performed and completed by N.C.C. under a separate contract with the College. N.C.C. is responsible for all work related to the controls, including wiring and programming. The selected Contractor will coordinate the controls scope function with N.C.C. for a successful overall project.

5.8 Total Lump Sum cost

5.8.1 Responses to this solicitation shall include a total cost to complete the project.

6. CONTRACT

6.1. The successful Bidder, selected by the College, will receive a PCC Trade Services Contract. A sample of this contract is attached (see Attachments). The provisions of the Contract are in addition to the requirements set forth in this Solicitation.

6.2. Bidders are advised to thoroughly review and familiarize themselves with the contract. Certain contract terms reflect state statute and may not be altered.

6.3. The Contractor will be expected to promptly sign a contract including all standard terms and conditions contained in the sample contract. The College will execute the Contract only after it has obtained all applicable required documents and approvals.

6.4. Personnel substitution – If the Contractor must substitute personnel included in the original bid they must obtain written College approval of substituted personnel, prior to substitution.

6.5. Any references and/or requirements of the General Contractor to the College must apply to sub- contractors’ requirements to the College and General Contractor.

7. AMENDMENTS

7.1. The College may amend a Contract without additional competition pursuant to OAR 137-049-0910.

8. COLLEGE REPRESENTATIVES

8.1. The College Representative (Project Manager) for the project is Mark Seeley. The Procurement representative for this project is James Lasseter, PCC Buyer. Note: the Project Manager is not to be contacted during the open procurement process. Attempted contact will result in bid rejection.

9. SOLICITATION SCHEDULE

9.1. The milestones for the selection process are set forth below. The dates are indicative and will be followed to the extent reasonably possible. All times are Pacific Time. The purpose of this schedule is for Bidder information only. Required dates for Contract period milestones, submittals, and any other activities are provided elsewhere in this Solicitation. The College reserves the right to deviate from this schedule.

Solicitation Milestone Date

Release of ITB Thursday January 6, 2022

Deadline to request a reservation for the Mandatory Pre-Bid Conference and site walk

Friday January 14, 2022 – 12:00 Noon

Mandatory Pre-Bid Conference / Site Walk Tuesday January 18, 2022 – 10:00AM

Deadline for Questions, requests for Changes, and Substitution Requests

Monday January 24, 2022 – 12:00 Noon

Answers to Questions, and decisions as to Changes and Substitution Requests provided by posted Addendum in OregonBuys

Wednesday January 26, 2022 by 5:00PM

Closing Thursday February 3, 2022 at 2:00PM

Public Bid Opening (by teleconference) Thursday February 3, 2022 at 2:05PM

1st Tier Subcontractor Disclosure Due Thursday February 3, 2022 by 4:00PM

Notice of Intent to Award (NOI) On or about Mon February 7, 2022

Estimated Contract Execution February 21, 2022

10. CONTACT DURING SOLICITATION

10.1. Questions must be submitted in writing via email to James Lasseter, P&CC Buyer, at james.lasseter@pcc.edu as indicated on the Summary page of this Solicitation. No other contact regarding this solicitation during the solicitation process is permitted. Unauthorized contact regarding this solicitation may subject the offender’s Bid to rejection.

11. COVID-19 PANDEMIC CONDITIONS

11.1. Campus Closure. Due to the COVID 19 Pandemic, the College has declared an emergency, in accordance with PCC Community College Rules of Procurement and OAR 137-047-0280, OAR 137-048- 0200(1)(a), OAR 137-049-0150, ORS 279B.080, and ORS 279C.110(11). All College campuses and offices are on a limited schedule. With the exception of the Pre-Bid conference cited below, visits by potential bidders are not possible and are prohibited during the limited campus schedule. Attempted on-site visits to the campus during the limited schedule by any Bidder may result in rejection of its Bid.

11.2. Pre-Bid Conference. A MANDATORY in-person Pre-Bid Conference will be held on Tuesday January 18, 2022 commencing at 10:00AM at the Southeast Campus. Due to the COVID-19 pandemic certain procedures and requirements will be in place:

11.2.1. Bidders must pre-register to attend the Pre-Bid Conference. Email your request to attend by

12:00 Noon January 14, 2022 to: james.lasseter@pcc.edu. Registration requests received after that time and date will not be considered.

11.2.2. A limit of two attendees, per bidder, are allowed. Your email request should include the name(s) of the bidder’s representatives in attendance. (subcontractors are not required to attend)

11.2.3. Attendees must wear face masks and social distancing will be observed.

11.2.4. Attendees will be provided, in an email confirming Registration, the Meeting Place and Room Number.

11.2.5. An Attendance Record will be provided at the Pre-Bid Conference. Bids will only be considered by firms who have signed this Attendance Record. Bids received from firms not on record of having attended the mandatory Pre-Bid Conference will not be considered.

11.2.6. Due to COVID restrictions, parking at the SE Campus is available at zero cost. Attendees may disregard the posted parking permit fee signs.

11.3. Public Bid Opening. An in-person public bid opening will not be held, due to the COVID-19 pandemic.

In lieu of an in-person public bid opening, bids will be publicly opened and read at a virtual conference at the date and time indicated in the Solicitation Schedule. Any interested party is invited to attend the public bid opening. The virtual conference login information will be provided by 5:00PM Wednesday January 26, 2022 through a posted Addendum on the OregonBuys system

11.4. Electronic Bids. Due to the COVID 19 Pandemic, electronic bids will be accepted and must be submitted no later than the Closing Date and Time to this secure email address:

HVACBids@docs.e-builder.net Bids submitted in any other manner will not be considered.

12. OREGONBUYS

12.1. Additional information regarding this solicitation and certain forms for download are available on the OregonBuys website: https://oregonbuys.gov/bso/ mailto:james.lasseter@pcc.edu mailto:HVACBids@docs.e-builder.net https://oregonbuys.gov/bso/

13. DETAILED SPECIFICATIONS, PLANS, AND TECHNICAL ENGINEERING DRAWINGS

13.1 PCC is providing, by attachment, an extensive set of documents containing detailed specifications, plans, and technical engineering drawings that pertain to this project. For a bidder to offer a reasonable and accurate bid , response to this ITB, PCC recognizes bidders must review this set of documents

14. BRAND NAME CITATIONS / REQUEST FOR SUBSTITUTIONS

14.1 All Bidders and potential Bidders are advised of Brand Name citations. If any brand named or manufacturer named product appears in the specifications, that manufacturer or brand name is used only to cite a minimum standard, and Bidders are not restricted to that manufacturer or specific article. Bidders may make requests for substitution of products that are of equal or greater value than the specified product.

All substitution requests must be made by using the Substitution Request Form (see Attachments), for every substitute requested. This form must be submitted, by email, to James Lasseter at james.lasseter@pcc.edu by the deadline specified in Section I SOLICITATION SCHEDULE. The College will evaluate the proposed substitution to determine if it meets or exceeds the standards of the specified item, and the College’s decisions will be published as an Addendum, posted to the OregonBuys website. The acceptance of all substitution requests is at the sole discretion of the College.

15. PROJECT SCHEDULE

The project milestones are set forth below. The dates are approximate but will be followed to the extent reasonably possible. The purpose of this schedule is for information only.

Project Milestone Date

Contract Award On or about February 21, 2022

Substantial Completion March 15, 2022

Final Completion March 30, 2022

16. BONDS, INSURANCE, AND CONTRACT EXECUTION

16.1 The Contractor awarded this solicitation must, within Five (5) calendar days after receipt of the Contract for signature:

16.1.1 Provide the required Performance Bond and Payment Bond

16.1.2 Provide proof that the Statutory Public Works Bond has been filed with the CCB;

16.1.3 Provide Insurance Certificate(s) (see enclosed sample contract for requirements) and any guarantees and/or other required item(s).

16.1.4 Sign the Contract issued by the College.

16.1.5 If these items are not received as specified then the Contract may not be executed, the Contract may be awarded to the next lowest Bidder.

17 NOTICE TO PROCEED

17.1 The Contractor must not begin work until a Notice to Proceed is issued by the College Representative.

17.2 The College reserves the right to cancel the Contract at no penalty if it is in the best interest of the public to do so, if:

17.2.1 A protest was received that overturns the award of this Contract, or

17.2.2 Funding for the project is not available.

18 BUSINESS EQUITY

18.1 The College maintains a goal of engaging minority, women, emerging, service-disabled veteran and socially or economically disadvantaged businesses (COBID) as service providers in delivering services necessary to implement our bond program. The College has adopted the following aspirational goals:

18.1.1 20% Oregon Certification Office for Business Inclusion and Diversity (COBID) certified sub-contractors/consultants by contract value with no more than 14% coming from Emerging Small Businesses utilization for the design and construction services.

18.1.2 Workforce diversity of 20% minority and 15% women utilization on the project by labor hours.

18.1.3 20% of total work hours in each apprenticeable trade to be performed by state-registered apprentices.

19 SUSTAINABILITY COMMITMENT

19.1 Portland Community College is committed to the use and purchase of environmentally and socially responsible materials and products, which are fiscally responsible, reduce resource consumption and waste, perform adequately, and promote human health and well-being. Recognizing its regional economic role, the College will seek opportunities to educate, encourage, and influence their respective markets by utilizing, where feasible, products and services, including new environmentally preferable products, reusable products, recycled content, and recycled products.

20 ADDITIONAL REQUIREMENTS

20.1 Contractor (or their subcontractors) must employ only persons duly licensed by the State of Oregon to perform the Work required under this Contract for which applicable Oregon Law requires a license.

20.2 The College has implemented the e-Builder Project Management software platform for coordination of efforts, approvals, and expedited communication. All prime project team members will be required to utilize the program.

20.3 All persons involved in the project who will have a physical presence on site at any time during the course of the project will need to clear a background check. The basic criteria of clearance and refusal offenses will be provided by the College Representative. Contractors and sub-contractors must provide a report of who has cleared the background check by an approved agency.

20.4 If the Work is not Substantially Complete by the applicable required Substantial Completion date, the College reserves the right to assess liquidated damages on a daily basis for each and every date the Contractor is in default, due to the negligence or fault of the Contractor, in achieving Substantial Completion.

20.5 Oregon Corporation Activity Tax (OCAT) is considered a business expense. The College will not accept any bid, quote, or invoice that specifically cites OCAT as a line item expenses.

SECTION II - RESPONSE

1. BID PREPARATION

1.1. Bidder must complete and return as its Bid, the required Affidavit, Certifications and Forms included as Attachments to this Solicitation. (See Section V - ATTACHMENTS)

1.2. Failure to complete, sign, and submit these and any other document(s) as requested or required in accordance with this Solicitation may be grounds to declare the Bid nonresponsive.

2. FORMS

2.1. The attached Required Affidavit, Certifications, and Forms are to be included in the Bid.

2.2. Copies of the included forms (See Section V - ATTACHMENTS) are to be completed and submitted by the Bidder along with other required documents as required by the Instructions to Bidders.

2.3. References. Three references, for projects completed of a similar nature to this project, are required. If the Bidder has performed any project or work with the College in the last ten (10) years, one of the references must be from the Bidder’s most recent contract with the College.

SECTION III – INSTRUCTIONS TO BIDDERS:

PUBLIC IMPROVEMENT PROCUREMENT RULES

1. FORMAL SELECTION PROCEDURE

1.1. The College will solicit Bids for Public Improvement Contracts by Invitation to Bid ("ITB"), except as otherwise allowed or required pursuant to ORS 279C.335 and 279A.030.

2. ELIGIBILITY TO BID - Pursuant to OAR 137-049-0230

2.1. Construction Contracts. The College will not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made.

2.2. Landscape Contracts. The College will not consider a Person's Offer to do Work as a landscape contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape contractor’s license issued pursuant to ORS 671.560 by the State Landscape Contractors Board at the time the Offer is made.

2.3. Non-complying Entities. The College will deem a Bid received from a Person that fails to comply with this rule nonresponsive and will reject the Bid as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

2.4. Asbestos Abatement Work. The Contractor or a subcontractor under the Contract must be licensed under ORS 468A.720 for asbestos abatement work.

3. PRE-BID CONFERENCE - Pursuant to OAR 137-049-0240

3.1. Purpose. The College may hold pre-Bid conferences with prospective Bidders prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

3.2. Required Attendance. The College may require attendance at the pre-Bid conference as a condition for submission of a Bid. A mandatory attendance requirement is considered to have been met if, at any time during the mandatory meeting, a representative of an offering firm is present.

3.3. Notice. The Summary page of this solicitation indicates the pre-Bid conference scheduled date and time, and whether the pre-Bid conference is mandatory or non-mandatory.

3.4. Statements Not Binding. Statements made by the College's representatives at the pre-Bid conference do not change the Solicitation unless the College confirms such statements by Written Addendum to the Solicitation.

4. ADDENDA - Pursuant to OAR 137-049-0250

4.1. Issuance; Receipt. The College may change this Solicitation only by Written Addenda. A Bidder must provide written acknowledgement of receipt of all issued Addenda with their Bid on the Bidder Certification.

4.2. Notice and Distribution. The College will publish notice of all Addenda on the OregonBuys Website.

Addenda may be downloaded from the OregonBuys website. It is the Bidders’ responsibility to inquire about Addenda. Bidders should frequently check the OregonBuys website until Closing for any issued Addenda, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

: Solicitation No: P&CC21-014-ITB

4.3. Timelines; Extensions. The College will issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bid. The College may extend the Closing if the College determines prospective Bidders need additional time to review and respond to Addenda.

Except to the extent required by public interest, the College will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

4.4. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Bidder may submit a Written request for change or protest to the Addendum, as provided in OAR 137-049- 0260, by the close of the College's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-049-0260, whichever date is later. The College will consider only a Bidder's request for change or protest to the Addendum; the College will not consider a request for change or protest to matters not added or modified by the Addendum, unless the Bidder submits the request for change or protest before the deadline for the College’s receipt of request for change or protests as set forth in OAR 137-049-0260(2) and (3).

5. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION PROTESTS - Pursuant to OAR 137-049-

5.1. Clarification. Prior to the deadline for submitting a written request for change or protest, a Bidder may request that the College clarify any provision of the Solicitation. The College's clarification to a Bidder, whether orally or in writing, does not change the Solicitation and is not binding on the College unless the College amends the Solicitation by Addendum. All clarification requests must be submitted via e-mail to the attention of the person indicated on the Summary page of this Solicitation.

5.2. Request for Change.

5.2.1. Delivery. A Bidder may request in writing a change to the Specifications or Contract terms and conditions. A Bidder must deliver the written request for change to the College not less than ten (10) Days prior to Closing or as stated in Section I SOLICITATION SCHEDULE. All requests must be submitted via e-mail to the attention of the person indicated on the Summary page of this Solicitation. (Bidder is responsible for ensuring receipt by the College.)

5.2.2. Content of Request for Written Change:

5.2.2.1. A Bidder’s written request for change must include a statement of the requested change(s) to the Contract terms and conditions, including any Specifications, together with the reason for the requested change.

5.2.2.2. A Bidder must mark its request for change as follows:

a. “Contract Provision Request for Change”; and

b. Solicitation number.

5.3. Protest

5.3.1. Delivery. A Bidder may protest Specifications or Contract terms and conditions. A Bidder must deliver an emailed written protest on those matters to the John MacLean at:

john.maclean1@pcc.edu not less than ten (10) Days prior to Closing;

5.3.2. Content of Protest.

5.3.2.1. A Bidder’s Written protest must include:

a. A detailed statement of the legal and factual grounds for the protest;

b. A description of the resulting prejudice to the Bidder; and mailto:john.maclean1@pcc.edu

c. A statement of the desired changes to the Contract terms and conditions, including any Specifications.

5.3.2.2. A Bidder must mark its protest as follows:

a. “Contract Provision Protest”; and

b. Solicitation number.

5.4. College Response. The College is not required to consider a Bidder’s request for change or protest after the deadline established for submitting such request or protest. The College will provide notice to the applicable Person if it entirely rejects a protest. If the College agrees with the Person's request or protest, in whole or in part, the College will either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49-0270.

5.5. Extension of Closing. If the College receives a written request for change or protest from a Bidder in accordance with this Rule, the College may extend Closing if the College determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

6. CANCELLATION OF SOLICITATION - Pursuant to OAR 137-049-0270

6.1. Cancellation in the Public Interest. The College may cancel a Solicitation for good cause if the College finds that cancellation is in the public interest. The College's reasons for cancellation will be made part of the Solicitation file.

7. BID SUBMISSIONS - Pursuant to OAR 137-049-0280

7.1. Offer and Acceptance. The submitted Bid is the Bidder's offer to enter into a Contract. The Offer is always a "Firm Offer," i.e., the Bid must be held open by the Bidder for the College's acceptance for [sixty (60)] days. The College may elect to accept the Bid at any time during the specified period, and the College's Award of the Contract to a Bidder constitutes acceptance of the Offer and binds the Bidder to the Contract.

7.2. Responsive Bid. The College may award a Contract only to a Responsible Bidder with a Responsive Bid.

7.3. Contingent Bids. A Bidder must not make a Bid contingent upon the College's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

7.4. Bidders Acknowledgement. By signing and submitting a Bid, the Bidder acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation.

7.5. Instructions. A Bidder must submit and sign their Bid. A Bidder must initial any corrections or erasures to their Bid.

7.6. Forms. Bidders must submit their Bid on the form(s) provided.

7.7. Documents. Bidders must provide the College with all documents and descriptive literature required.

7.8. Facsimile or Electronic Submissions. The College will not accept facsimile Bids. Electronic Bids may be submitted only if specifically allowed by this Solicitation, and only if a secure email address has been provided for Bid submission.

7.9. Product Samples and Descriptive Literature. The College may require product samples or descriptive literature if it is necessary or desirable to evaluate the quality, features, or characteristics of the offered items. The College will dispose of product samples or return or make available for return product samples to the Bidder.

7.10. Identification of Bids.

7.10.1. To ensure proper identification and handling, Electronic Bids must be identified with the Solicitation Number and Solicitation Title in the subject line of the email.

7.10.2. The College is not responsible for Bids submitted in any manner, format, or to any delivery point other than as required in the Solicitation.

7.11. Receipt of Bids. Bidders are responsible for ensuring that the College receives their Bid at the required delivery point prior to the Closing due date and time, regardless of the method used to submit or transmit the Bid. Bids must be submitted to and received by the person indicated on the Summary Page of this Solicitation, or designee, prior to the Closing due date and time in the manner indicated on the Summary Page.

7.12. Failure to submit Bids in accordance with the provisions of this Section will be grounds to declare the Bid as nonresponsive.

7.13. Certification. Bidders must (on the attached Bidder Certification):

7.13.1. Identify whether the Bidder is or is not a "resident Bidder," as defined in ORS 279A.120(1);

7.13.2. Indicate that the Bidder will comply with Prevailing Wage Laws ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq;

7.13.3. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

7.13.4. Provide written acknowledgment of receipt of all Addenda.

8. ELECTRONIC PROCUREMENT - Pursuant to OAR 137-049-0310 and OAR 137-047-0330

8.1. If electronic bid submissions are allowed, the College will provide a secure email address for receipt of electronic Bids and shall open electronic Bids in accordance with the College’s electronic security measures. Bidders assume the risk of premature disclosure due to submission to any other email address.

8.2. Failure of the E-Procurement System. In the event of a failure of the College's electronic procurement system that interferes with the ability of Bidders to submit electronic Bids, the College may cancel the Solicitation in accordance with OAR 137-047-0660, or may extend the date and time for receipt of Bids by providing notice of the extension immediately after the electronic procurement system becomes available.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL - Pursuant to OAR 137-049-0320

9.1. Modifications. A Bidder may modify its Bid in writing prior to the Closing. A Bidder must prepare and submit any modification to its Bid to the College in accordance with OAR 137-49-0280. Any modification must include the Bidder’s statement that the modification amends and supersedes the prior Bid. The Bidder must email its modification to the College’s secure email address and mark the email subject line as follows:

9.1.1. “Bid Modification”; and

9.1.2. Solicitation Number.

9.2. Withdrawals.

9.2.1. A Bidder may withdraw its Bid by Written notice submitted on the Bidder’s letterhead, signed by an authorized representative of the Bidder, and emailed to the College’s secure email address: SecurityCameraBids@docs.e-builder.net and received by the College prior to the Closing.

9.2.2. The College may release an unopened, withdrawn Bid to the Bidder or its authorized representative, after voiding any date and time stamp mark;

9.2.3. The Bidder must mark the Written request to withdraw a Bid as follows:

9.2.3.1. Bid Withdrawal; and

9.2.3.2. Solicitation Number.

10. RECEIPT, OPENING, & RECORDING OF BIDS; CONFIDENTIALITY OF BIDS - Pursuant to OAR 137- 049-0330

10.1. Receipt. The College’s secure email system receiving the bids will electronically time-stamp each Bid and any modification upon receipt. In the event a Bid is too large to be received and time stamped, bidders may divide a bid response into separate emailed submissions, with final date stamp serving as the record of submission. Any submission received AFTER bid closure WILL NOT BE ACCEPTED.

Bidders are strongly encouraged to submit their bid well prior to the bid closure.

10.2. The Bidder is responsible for ensuring that the College receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid. The College will not be responsible for the premature opening or failure to open a Bid that is not properly addressed and/or identified.

10.3. Opening and Recording. The College will publicly open Bids including any modifications made to the Bid pursuant to OAR 137-49-0320. In the case of Invitations to Bid, to the extent practicable, the College will read aloud the name of each Bidder, the Bid price(s), and such other information, as the College considers appropriate.

10.4. Availability. After Opening, the College will make Bids available for public inspection, but pursuant to ORS 279C.410. The College may withhold from disclosure those portions of a Bid that the Bidder designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.501(2); ORS 646.461 to ORS 646.475. To the extent the College determines such designation is not in accordance with applicable law, the College will make those portions available for public inspection. The Bidder must separate information designated as confidential from other non-confidential information at the time of submitting its Bid. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and will be publicly available regardless of a Bidder's designation to the contrary.

mailto:SecurityCameraBids@docs.e-builder.net

11. LATE BIDS, WITHDRAWALS AND MODIFICATIONS - Pursuant to OAR 137-049-0340

11.1. Any Bid received after the Closing date and time is late. A Bidder’s request for withdrawal or modification of a Bid received after Closing is late. The College will not consider late Bids, withdrawals or modifications except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

12. MISTAKES - Pursuant to OAR 137-049-0350

12.1. Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Bidders, the College will carefully consider whether to permit waiver, correction, or withdrawal of Bids for certain mistakes.

12.2. College Treatment of Mistakes. The College will not allow a Bidder to correct or withdraw an Offer for an error in judgment. If the College discovers certain mistakes in a Bid after Opening, but before Award of the Contract, the College may take the following action:

12.2.1. The College may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders.

Examples of minor informalities include a Bidder's failure to:

12.2.1.1. Return the correct number of signed Bids or the correct number of other documents required by the Solicitation;

12.2.1.2. Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and

12.2.1.3. Acknowledge receipt of an Addendum to the Solicitation, provided that it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

12.2.2. The College may correct a clerical error if the error is evident on the face of the Bid or other documents submitted with the Bid, and the Bidder confirms the College's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices will prevail over extended prices.

12.2.3. The College may permit a Bidder to withdraw an Offer based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence:

12.2.3.1. The nature of the error;

12.2.3.2. That the error is not a minor informality under this subsection or an error in judgment;

12.2.3.3. That the error cannot be corrected or waived under subsection 13.2.2 above;

12.2.3.4. That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists;

12.2.3.5. That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error;

12.2.3.6. That the Bidder will suffer substantial detriment if the College does not grant the Bidder permission to withdraw the Offer;

12.2.3.7. That the College's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the College or the public it represents; and

12.2.3.8. That the Bidder promptly gave notice of the claimed error to the College.

12.2.4. The criteria in subsection 13.2.3 above will determine whether the College will permit a Bidder to withdraw its Bid after Closing. These criteria also will apply to the question of whether the College will permit a Bidder to withdraw its Bid without forfeiture of its Bid bond (or other Bid security), or without liability to the College based on the difference between the amount of the Bidder's Bid and the amount of the Contract actually awarded by the College, whether by Award to the next lowest Responsive and Responsible Bidder, or by resort to a new solicitation.

12.3. Rejection for Mistakes. The College will reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents submitted with the Bid.

12.4. Identification of Mistakes after Award. The procedures and criteria set forth above are Bidder's only opportunity to correct mistakes or withdraw Bids because of a mistake. Following Award, a Bidder is bound by its Bid, and may withdraw its Bid or rescind a Contract entered into pursuant to OAR 137- 049 only to the extent permitted by applicable law.

13. FIRST-TIER SUBCONTRACTORS; DISCLOSURE AND SUBSTITUTION - Pursuant to OAR 137-049-0360

13.1. Required Disclosure. Within two working hours after the Bid Closing, Bidders must submit to the College the First-Tier Subcontractor Disclosure Form identifying any first-tier subcontractors (those Entities that would be contracting directly with the prime contractor) that will be furnishing labor or labor and materials on the Contract, if Awarded, whose subcontract value would be equal to or greater than:

13.1.1. Five percent of the total Contract Price, but at least $15,000; or

13.1.2. $350,000, regardless of the percentage of the total Contract Price.

13.2. Bid Closing, Disclosure Deadline, and Bid Opening. For each ITB to which this rule applies, the College will:

13.2.1. Set the Bid Closing on a Tuesday, Wednesday or Thursday, and at a time between 2 p.m. and 5 p.m.;

13.2.2. Open Bids publicly five minutes after the Bid Closing; and

13.2.3. Consider for Contract Award only those Bids for which the required disclosure has been submitted by the announced deadline on the form prescribed by the College.

13.3. Submission. A Bidder must submit the disclosure form required by this rule either in its Bid submission, or within two working hours after Bid Closing in the manner specified by this Solicitation.

13.4. Responsiveness. Compliance with the disclosure and submittal requirements of ORS 279C.370 and OAR 137-049-0360 is a matter of Responsiveness. Bids that are submitted by Bid 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.

13.5. College Role. The College will obtain, and make available for public inspection, the disclosure forms required by ORS 279C.370 and OAR 137-049-0360. The College will also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. The College is not required to determine the accuracy or completeness of the information provided on disclosure forms.

13.6. Substitution. Substitution of affected first-tier subcontractors must be made only in accordance with ORS 279C.585. The College will accept written submissions filed under that statute as public records.

Aside from issues involving inadvertent clerical error under ORS 279C.585, the College does not have a statutory role or duty to review, approve or resolve disputes concerning such substitutions. See ORS 279C.590 regarding complaints to the Construction Contractors Board on improper substitution.

14. BID EVALUATION CRITERIA - Pursuant to OAR 137-049-0380

14.1. General. A Public Improvement Contract, if awarded, will be awarded to the Responsible Bidder submitting the lowest Responsive Bid.

14.2. Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Bids, unit-price Bids, or a combination of the two.

14.2.1. Lump Sum. If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if the College 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 will be calculated by adding to or deducting from the base Bid those alternates selected by the College, for the purpose of comparing Bids.

14.2.2. 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 the College, for the purpose of comparing Bids. The College will specify within the Solicitation 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 will govern. See OAR 137-049-0350(2)(b).

15. BID EVALUATION & AWARD; DETERMINATION OF RESPONSIBILITY - Pursuant to OAR 137-049-

15.1. General. If Awarded, the College will Award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid provided that such Person is not listed by the Construction Contractors Board as disqualified to hold a Public Improvement Contract. See ORS 279C.375 (3)(a). The College may award by item, groups of items, or the entire Bid provided such Award is consistent with the Solicitation and in the public interest. Where Award is based on competitive Bids, ORS 279C.375(5) permits multiple Contract awards when specified in the ITB.

15.2. Determination of Responsibility. Bidders are required to demonstrate their ability to perform satisfactorily under a Contract. Before Awarding a Contract, the College must have information that indicates that the Bidder meets the standards of responsibility set forth in ORS 279.375(3)(b). To be a Responsible Bidder, the College will determine that the Bidder:

15.2.1. Has available the appropriate financial, material, equipment, facility, and Personnel resources and expertise, or ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

15.2.2. Has completed previous contracts of a similar nature with a satisfactory record of performance. A satisfactory record of performance means that, to the extent the costs associated with and time available to perform a previous contract were within the Bidder’s control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The College shall carefully scrutinize a Bidder’s record of contract performance if the Bidder is or recently has been materially deficient in contract performance. In reviewing the Bidders performance, the College should determine whether the Bidders deficient performance was expressly excused under the terms of Contract, or whether the Bidder took appropriate corrective action. The College may review the Bidders performance on both private and public contracts in determining the Bidders record of contract performance;

15.2.3. Has a satisfactory record of integrity. A Bidder may lack integrity if the College determines the Bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to the College.