RFCQ_ESB Shady Wash Rack.docx

Issue Date:

Request for Competitive Quotes No. S-73000-00011611 ESB Shady Wash Rack Platform

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

Accessibility and Accommodation Requests: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. To request reasonable accommodation for access, due to a disability, to information related to this document, please contact the Oregon Department of Transportation’s Procurement Office at 355 Capitol St NE, Salem, OR 97301, phone #503-986-2710 or OPOAdministration@odot.oregon.gov.

Procurement Summary / Emerging Small Business (ESB) ONLY:

This solicitation and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Divisions 46 and 49 of the Administrative Rules of the Oregon Department of Justice. The solicitation and resulting Contract may be subject to other laws and rules.

This procurement is being conducted in accordance with ORS 279C.335(1)(g) which provides that (i) public improvement contracts with an estimated contract price of $250,000 or less awarded to a certified ESB are exempted from competitive bidding, and (ii) that the contracting agency shall solicit competitive quotes as provided in ORS 279C.414 before making the award (“Request for Competitive Quotes” or “RFCQ”). The RFCQ includes all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting quotes.

This RFCQ is restricted to qualified Contractors who have been certified by the State of Oregon as an “Emerging Small Business” (“ESB”) per the guidelines of the Certification Office for Business Inclusion and Diversity (“COBID”) and this project is part of the Emerging Small Business Assistance Program under Oregon Revised Statute (ORS) 200.160 through ORS 200.200.

Only quotes from certified ESB firms will be considered for award of a contract under this RFCQ.

To verify your certification, please check the online Certification Directory at https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp or contact COBID at (503) 986-0075.

This selected ESB firm must comply with all ESB Program requirements, including the following:

ORS 200.170(3) Eligibility for Assistance. The applicant for assistance under ORS 200.005 and 200.160 to 200.200 must perform at least 51 percent of the labor on any public improvement or maintenance project for which assistance is received using the applicant's own workforce.

Project Summary:

Project Scope: ODOT is seeking one qualified contractor to supply and install a pre-manufactured Wash Rack Platform at the ODOT Shady Maintenance Station site. Also see Attachment A, Exhibits 1 and 2 (Technical Specifications and Plans) for additional Project information.

The work contemplated under an awarded contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all work in connection with the Project.

COMPLETION DATES (See the General Conditions for definitions of substantial and final completion. Attachment A, Exhibit 4):

Substantial Completion: 45 Days following the Notice to Proceed.

Final Completion: 45 days following the Notice to Proceed.

Contractor Requirements

CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION REQUIREMENTS

Prospective Contractors must be licensed with the State of Oregon CCB prior to providing a quote for this project. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN QUOTE REJECTION.

All subcontractors participating in the Project must be similarly registered with the Construction Contractors Board before they commence in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

BOLI REQUIREMENTS

The Contractor and all subcontractors, when the contract amount is more than $50,000, shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates (“PWR”) and the required public works bond as outlined in Sections C.1, C.2 & G.2.3 of the General Conditions.

Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

This Request for Competitive Quotes and the resulting Contract are subject to BOLI wage requirements and the prevailing wages rates set forth as of the date this ITB was first advertised, which while not physically attached, are available in the following in the weblinks and incorporated herein by reference with the same force and effect as though fully set forth herein:

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

The Work will take place in Douglas County, BOLI Region 6.

Competitive Quote Information:

This Request for Competitive Quotes is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Competitive quotes must be submitted through the OregonBuys system.

· Prospective Contractor must be registered as a vendor in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

· Prospective Contractor is responsible for ensuring that its vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

Any questions regarding this Request for Competitive Quotes must be directed to the Purchaser identified in OregonBuys for this Request for Competitive Quotes. Any changes to (addenda) or notices regarding the Request for Competitive Quotes will be posted in OregonBuys.

SUBMISSION VIA OREGON BUYS

Prospective Contractor must select “Yes” on the Terms & Conditions tab in OregonBuys or the quote will be rejected.

Prospective Contractor must submit the following no later than the Bid Opening Date and time specified in OregonBuys in order to be considered for award.

1. Competitive Quote Form Part 1

2. Competitive Quote Form Part 2 Competitive quotes must be submitted via OregonBuys. Competitive quotes submitted by any other means will be rejected.

THE COMPETITIVE QUOTE SUBMISSION MUST BE ONE PDF ATTACHMENT. However, if a pricing form is provided in OregonBuys as an Excel document, prospective Contractor may complete and submit the pricing form in Excel.

No public opening of quotes will be held.

Attachments: The following attachments, which are provided in OregonBuys, are incorporated into this Request for Competitive Quotes and include the form of contract and exhibits will be incorporated into the resulting contract as part of the Contract Documents.

Attachment A – Sample Agreement Form

· Exhibit 1: Scope of Work

· Exhibit 2: Plans

· Exhibit 3: Performance and Payment Bonds

· Exhibit 4: General and Supplemental General Conditions

· Exhibit 5: Contract Closeout Compliance Checklist

Selection Criteria and Method of Award:

Responsiveness. For its Quote to be considered responsive, the prospective Contractor must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, ODOT may waive minor informalities and irregularities.

· CCB licensed

· ESB certified Pass/Fail

ODOT intends to award a contract to the prospective Contractor whose offer will best serve the interests of ODOT, taking into account the selection criteria described above.

AWARD REQUIREMENTS (for selected prospective Contractor only) Upon notification of selection and prior to award of a contract, the selected Contractor must submit the information listed below to the ODOT Purchaser. If Contractor is unable to provide the information within the required timeframe or if Contractor is unable to meet the responsibility requirements or other requirements contained below, Agency may move on to the next qualified Contractor.

· Tax ID Number:

Provide Taxpayer Identification Number (TIN) on an ODOT TIN Request Form. The selected Contractor shall provide their backup withholding status on a completed W-9 form if either of the following applies:

· When requested by Agency (normally in an intent to award notice), or

· When the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any.

The W-9 form is available from the Internet at: http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment can be made until a properly completed W-9 is on file with Agency.

· Certificates of Insurance (Attachment A, Exhibit 4):

Provide Certificates of Insurance and supporting documentation relating to the required insurance coverages as stated in Attachment A, Exhibit 4 (General and Supplemental Conditions). Each prospective Contractor is encouraged to discuss insurance requirements with their insurance agent prior to submitting a Competitive Quote.

· Responsibility Inquiry Form:

Complete and provide the Responsibility Inquiry Form - https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section, Misc. Procurement Related Forms).

· Conflict of Interest (COI) Disclosure Forms – If applicable:

All ODOT Contractors must comply with ODOT’s Conflict of Interest Guidelines and submit a COI Form for any actual or potential conflict. See https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section - Misc. Procurement Related Forms).

PERFORMANCE BOND and PAYMENT BOND

Pursuant to ORS 279C.380 and OAR 137-049-0460, the selected prospective Contractor 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 of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE ODOT-PROVIDED PERFORMANCE AND PAYMENT BONDS, ATTACHMENT C, ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS COMPETITIVE QUOTE.

Alternatively, Prospective Contractor may submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond or a stipulation or undertaking as set forth in ORS 200.200(1)(b). If prospective Contractor plans to provide security in one of these ways, please contact the Single Point of Contact for instructions.

Additional requirements:

· Business Registry:

If selected for Contract award, Bidder must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Firms that contract with ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The selected Contractor shall (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) have a current Oregon Secretary of State business registry number and provide it upon ODOT’s request. All corporations and other business entities (domestic and foreign) must have a registered agent in Oregon. See requirements and exceptions regarding registered agents. For more information, see Starting a Business and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

· Foreign Contractor: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The State shall be entitled to withhold final payment under the Contract until Contractor has met this requirement.

COMPETITIVE QUOTE FORM

Prospective Contractor must submit this form by the Bid Opening Date and Time specified in OregonBuys.

Request for Competitive Quotes No. S-73000-00011611 – ESB Shady Wash Rack Platform Part 1: Prospective Contractor Information/ Signature

Prospective Contractor (COMPANY) Legal Name:

Prospective Contractor Address:

Contact Person:

Phone:

Email:

CCB #:

CCB Expiration:

ESB#:

By signature below, the undersigned Authorized Representative of the prospective Contractor hereby certifies on behalf of prospective Contractor that:

1. The undersigned is a duly authorized representative of the Prospective Contractor, and has been authorized to make all representations, attestations, and certifications contained in this Quote;

1. Prospective Contractor agrees to and shall comply with all requirements, specifications and terms and conditions included with this Request for Competitive Quotes (including all Attachments and Addenda, if any) if awarded a Contract under this solicitation.

1. In accordance with ORS 279A.110(4), prospective Contractor does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. And, pursuant to ORS 279A.110, prospective Contractor has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055.

1. Prospective Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon tax laws" are those tax laws imposed by ORS 320.005 to 320.150 and ORS 403.200 to 403.250, ORS Chapters 118, 314, 316, 317, 318, 321 and 323 and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

1. Prospective Contractor is certified by the State of Oregon as an “Emerging Small Business” per the guidelines of the Certification Office for Business Inclusion and Diversity (“COBID”), that it will comply with all requirements of the Emerging Small Business Assistance Program under Oregon Revised Statute (ORS) 200.160 through ORS 200.200, and that it will perform at least 51 percent of the labor for the Work using the Contractor's own workforce.

Authorized Representative Printed Name and Title:

Authorized Representative Signature:

Part 2: Prospective Contractor References for Comparable Projects

In order to evaluate a prospective Contractor’s record of performance ODOT requires information on prospective Contractor’s past performance. Prospective Contractor must check one of the two checkboxes below. If the second checkbox is selected, prospective Contractor must attach a completed prospective Contractor References Form.

☐ Prospective Contractor has performed similar projects for ODOT within the past 3 years as the prime Contractor under a contract between prospective Contractor and ODOT. Prospective Contractor understands that if it is the apparent successful prospective Contractor, ODOT may still require that prospective Contractor provide references, in which case prospective Contractor must promptly provide them upon ODOT’s request.

☐ Prospective Contractor’s quote contains three references for similar projects on the prospective Contractor References Form provided in this quote.

Part 2 Continued - Prospective Contractor References Form REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE: If prospective Contractor checked the second checkbox in Part 2, prospective Contractor shall provide on this form a list of three different firms that can be contacted regarding the quality of services that the prospective Contractor provided in the last 4 years on projects of comparable size and scope.

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Part 3: Pricing Submittal Competitive Quote Pricing. Prospective Contractor must complete online entry of all required pricing information in the “Item Information” section for this Request for Competitive Quotes in OregonBuys.

Prospective Contractor must submit the total project cost as Item 1 under the Items Tab in OregonBuys.

The quantities listed in the Item Information section for this Request for Competitive Quotes in OregonBuys are intended to serve only as a guide to prospective Contractors, and are not to be construed as a guarantee. All quantities are estimated and are for competitive quote purposes only. ODOT reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities.

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