RFQ 190073D001 Ashland ASLEP Final DOJ Approved for posting.pdf

STATE OF OREGON

Oregon Military Department (“OMD”)

Request for Qualifications (“RFQ”)

Solicitation 190073D001

ASHLAND ARMORY

ARMY SERVICE LIFE EXTENSION PROGRAM (“ASLEP”)

and

Regional Emergency Enhancement (“REEP”)

A DESIGN-BUILD PROJECT

LOCATED IN ASHLAND, OREGON.

STATEMENTS OF QUALIFICATIONS (“SOQ”)

ARE DUE NO LATER THAN

MAY 9, 2023 at 11:00 AM PT

RFQ 190073D001 ASHLAND ASLEP Page 1

TABLE OF CONTENTS

I. GENERAL INFORMATION _______________________________________________________________________ 3

1. EXECUTIVE SUMMARY ____________________________________________________________________ 3

2. PROJECT NAME/CONTACT INFORMATION ___________________________________________________ 3

3. SITE INFORMATION ________________________________________________________________________ 3

4. PROJECT INFORMATION ____________________________________________________________________ 4

II. PROCUREMENT PROCESS ______________________________________________________________________ 6

1. EXEMPTION FROM COMPETITIVE BIDDING _____________________________________________________ 6

2.TWO STEP SELECTION PROCESS ________________________________________________________________ 7

3. BEST VALUE PROCESS ________________________________________________________________________ 7

III. RFQ INSTRUCTIONS TO INTERESTED PROPOSERS _____________________________________________ 7

1. RFQ DOCUMENTS __________________________________________________________________________ 7

2. RFQ SCHEDULE ____________________________________________________________________________ 8

3. RFQ SUBMISSION INSTRUCTIONS ___________________________________________________________ 8

4. RFQ FORMS INSTRUCTIONS ________________________________________________________________ 9

5. RFQ ATTACHMENT INSTRUCTIONS_________________________________________________________ 10

6. REQUESTS FOR CLARIFICATION, CHANGES, AND PROTESTS _________________________________ 11

7. WITHDRAWAL OF SOQ ____________________________________________________________________ 11

IV. SOQ EVALUATION PROCESS _________________________________________________________________ 12

1. EVALUATION ____________________________________________________________________________ 12

2. SHORT LIST ANNOUNCEMENT AND PROTEST _________________________________________________ 13

V. STEP II: REQUEST FOR PROPOSALS INFORMATION ____________________________________________ 13

1. RFP GENERAL INFORMATION ______________________________________________________________ 13

2. RFP SCHEDULE ___________________________________________________________________________ 14

3. SUMMARY OF RFP EVALUATION ___________________________________________________________ 14

4. BOND / SURETY REQUIREMENTS ___________________________________________________________ 14

5. INSURABILITY REQUIREMENTS ____________________________________________________________ 14

VI. OMD RIGHTS AND DISCLAIMERS 19

1. OMD RIGHTS _____________________________________________________________________________ 19

2. OMD DISCLAIMERS _______________________________________________________________________ 19

VII. APPLICABLE REQUIREMENTS 20

1. Confidentiality _____________________________________________________________________________ 20

2. Federal Required Provisions. __________________________________________________________________ 20

3. BOLI Required Provisions. ____________________________________________________________________ 21

4. Trade Secrets: Identification of Information _______________________________________________________ 21

5. State Immunity _____________________________________________________________________________ 21

RFQ 190073D001 ASHLAND ASLEP Page 2

APPENDIX

Form 1 – Statement of Qualification Form (Three pages)

Form 2 – Company Information Form (Two pages)

Form 3 – Key Personnel Information Form (One page)

Form 4 – Similar Design Build Projects Form (One page)

RFQ 190073D001 ASHLAND ASLEP Page 3

I. GENERAL INFORMATION

1. EXECUTIVE SUMMARY

The Oregon Military Department has an infrastructure portfolio spread throughout the State of Oregon. Types of buildings include readiness centers, armories, maintenance facilities, warehousing, storage, aviation facilities, administrative space, and training site facilities. The portfolio contains roughly 3.3 million square feet of building area with nearly 400 buildings located at approximately 49 sites across the State.

OMD is committed to constructing the highest quality buildings and infrastructures OMD can afford and expects structures which promulgate cultural leadership. In short, the three primary goals in OMD facilities can be expressed as follows:

a) Soldier/Unit/Equipment Readiness;

b) Sustainability/Innovation; and,

c) Community Partnership.

When these goals are fully expressed in its facilities, OMD has the greatest likelihood of sustained success over time.

Limited capital and sustainment funds mean OMD’s buildings must perform for extended periods of time with minimal maintenance. OMD requires quality in the design and construction process, to ensure it can meet these requirements. To this end, OMD’s desire in the procurement process is to seek the “best value” for the State of Oregon (“State”). OMD is interested in retaining firms familiar with the Design Build Project Delivery method capable of bringing superior design principles to bear in a sustainable manner and constructing the highest quality buildings in the region. OMD desire is to ensure tax dollars being spent on capital construction result in developing innovative and sustainable buildings that are ready to respond to any emergencies which arise and capable of withstanding the test of time.

OMD is requesting Statements of Qualification from entities interested in submitting Design-Build Proposals for a Design-

Build Agreement for the Ashland Armory Service Life Extension Project / Regional Emergency Enhancement Project, located in Ashland, Oregon, as more fully described in Section II (3). The Design-Build Agreement (also referred to as the Contract) will be between the Design-Build Contractor and OMD.

SOQs will only be accepted from Interested Proposers intending to provide complete Design Build services required under the Contract. Responses from individual engineering, construction, or consultant firms not offering to provide all required services will not be accepted.

The Contract will be a Guaranteed Maximum Price (“GMP”), Design-Build Agreement.

2. PROJECT NAME / CONTACT INFORMATION

a) Project Number: 190073D001

b) Project Name: Ashland Armory ASLEP

c) Project Location: Ashland, Jackson County, Oregon

d) Project Owner: Oregon Military Department

e) Project Manager: Mick Millsap

f) Single Point of Contact (“POC”):

Sam Goff, CPPB Contract Specialist

Anderson Readiness Center, AGI Room 116

3225 State Street

Salem OR 97301

Phone: 971-355-4167

E-mail: samuel.a.goff.nfg@army.mil

3. SITE INFORMATION

The Ashland Armory and its supporting infrastructure serves 169 traditional full and part time employees of HHC 1-186th

Infantry, for the Oregon Army National Guard (the “Facility”). The Ashland Armory is located in the city of Ashland, Jackson County, Oregon (the “Site”).

The Site address is:

Oregon Army National Guard

Ashland Armory

1420 East Main Street.

Ashland Oregon, 97520 mailto:samuel.a.goff.nfg@army.mil

RFQ 190073D001 ASHLAND ASLEP Page 4

4. PROJECT INFORMATION

A. Project Description

The Oregon Military Department (“OMD”, “Owner” or “Agency”) is seeking a Design-Build Contractor (“DBC” or

“Contractor”) to provide Project management, design, review, value engineering, construction, testing, inspection, and commissioning of the Ashland Armory ASLEP / REEP Project (the “Project”), including but not limited to, selective demolition, removal of hazardous material / abatement and disposal, material recycling, renovations of existing and additions of new facilities, structures, buildings, and infrastructures, both on and off site, as may be necessary to remodel, replace and expand the facilities at the site, bring the facility to current code, and extending the useful life of the facility by a minimum of an additional 25 years. The Project may be funded by both State and federal funds and, if so, will be subject to both State and federal requirements.

B. Facility Information

The Ashland Armory was constructed in 1988 at 22,620 square feet and serves 169 full-time and part time personnel

- traditional guardsmen. The Facility has been sporadically remodeled over the past 62 years. The Facility’s electrical, mechanical; water, sewer, and storm, systems need to be evaluated for repair / replacement. Original construction techniques employed little to no energy saving measures. Cost effective energy conservation features must be incorporated into the design, including energy management, automation, and remote monitoring.

The Facility’s readiness rating, according to the Infrastructure Status Report (the “ISR”), indicates that the Facility is adequate for interim use. The report however finds that the Armory does not meet current code requirements and indicates that upgrades are needed to meet current standards. Recent changes in the force structure of the military, combined with the standards required by the federal design guides, means the Facility no longer meets the requirements of the soldiers utilizing it.

Further, the Facility is not compliant with the Americans with Disabilities Act (ADA) or Anti-terrorism Force

Protection (ATFP) requirements.

Recent changes in the force structure of the military combined with changes to the standards required by the federal design guides, and the Unified Facilities Code (UFC) means the Facility no longer meets the requirements of the soldiers housed in them.

The Facility is 30,358 square feet short of what a new facility would be authorized, the current facility lacks appropriately sized training areas, administrative spaces, supply rooms, arms vaults, toilets/showers, physical fitness space, locker room space; and the current vehicle parking area is degraded. The current utility infrastructure requires constant repairs and must be evaluated for repair or replacement.

C. Contract Scope:

The Design Build Agreement will include Project management, design, review, value engineering, construction, testing, inspections, and commissioning of the Project. Work will include, but not be limited to, selective demolition, removal of regulated building materials / hazardous material abatement and disposal, material recycling, renovations of existing and additions of new facilities, structures, buildings, and infrastructures, both on and off site, as may be necessary, in support of the OMD’s continued and ongoing operations.

OMD’s goals for this Project include extending the useful life of the facility by a minimum of an additional 25 years, implementation of cost-effective energy conserving measures, achieving code compliance, and adding additional square footage.

In extending the usefulness of the facility, the priorities of work include:

• Bringing the facility to current code, including seismic, Americans with Disabilities Act (ADA), mechanical, and utilities.

• Making the facility a Regional Emergency Enhanced Facility, by evaluating and making upgrades to the facility’s backup power, domestic water and fuel distribution.

• Expanding/remodeling the current facility to meet some of the required space short falls.

• Sustainable / energy upgrades / modernize the faculty.

D. Contract Type:

OMD intends to issue a “Design-Build Agreement” with a Guaranteed Maximum Price (“GMP”).

RFQ 190073D001 ASHLAND ASLEP Page 5

E. Target GMP:

Total Target GMP of $5,492,233.00

F. Project Requirements.

Design and construction of the Project must comply with technical specifications contained in the Army National

Guard Criteria Pamphlet DG 415-5 ‘General Facilities Information Design Guide’ as provided by the Army

Installations Division. DG 415-5 provides functional and technical requirements relevant to the contracting practices and procedures for military funded projects for any Federal funds used for the Project. The Project must also comply with other applicable federal, state, and local codes and regulations as per Public Law 90-480 and 90-400. The Facility must be designed to a minimum life of 25 years and be in compliance with Department of Defense’s (“DoD's”) Unified

Facilities Code (UFC 1-200-02) including energy efficiencies, building envelope and integrated building systems performance. Access for individuals with disabilities must be provided. Under these requirements, OMD desires to employ cost saving, space saving, energy saving, and other sustainable design and construction features.

In extending the usefulness of the Facility, cost effective energy conserving measures such as building insulation, envelope upgrades, mechanical and electrical system, direct digital control system, and meeting State SEED (and if applicable or otherwise directed by Owner, Federal LEED) requirements must be employed. Additional Project betterments include bringing the facility up to the current building code and seismic code requirements, including the facility’s electrical, mechanical, structural, natural gas, water well, sewer, and voice, and data and additional building systems.

Furthermore, the completed Project must be completed in accordance with the following:

1. the State of Oregon energy efficiency design (“SEED”) requirements set forth at Oregon Revised Statutes

(“ORS”) 276.900 through 276.915 and Oregon Administrative Rules (“OAR”) 330-130-0010 through 330-

130-0100 (which can be reviewed at http://egov.oregon.gov/ENERGY/CONS/SEED/SEEDhome.shtml);

2. the Oregon Department of Energy (“ODOE”) 1.5% Green Energy Technology in Public Building

Construction Contracts requirements pursuant to ORS 279C.527, 279C.528 and OAR 330-135-0010 to 330-

135-0055; and,

3. the Agency will strive to meet the highest possible Certification of the US Green Building Council

(“USGBC”) Leadership in Energy and Environmental Design (“LEED”®) rating for a Major Renovations project.

4. Facility Tenants: The Army National Guard, HHC 1-186th Infantry, currently occupies the Readiness

Center. The completed Project will provide adequate space for fifteen (15) full-time and one hundred sixty-nine (169) traditional (part-time, aka M-day) Oregon Army National Guard personnel. The Design-Build

Contractor shall cooperate with the Owner to minimize conflicts and to facilitate Owner’s continued and ongoing use of the Project Site and Facility. Work will take place in the Owner-occupied Facility, and

Owner intends to continue to occupy the Facility, swing-space, or Contractor provided space, during the entire course of the Project.

G. Risk Analysis Summary

The following items have been identified by OMD as relevant considerations for a preliminary risk analysis:

1. Hazardous Material Handling and Abatement

The Oregon Military Department is committed to protecting the environment during construction and will require the Contractor to follow and comply with all applicable requirements including but not limited to those administered and enforced by the U.S. Environmental Protection Agency (“EPA”), U.S. Occupational

Safety and Health Administration (“OSHA”), U.S. Department of Transportation (“DOT”), Army National

Guard (“ARNG”), Oregon Department of Environmental Quality (“ODEQ”), Oregon Occupational Safety and Health Division (“OR-OSHA”), Oregon Department of Human Services (“ODHS”), Oregon Department of Transportation (“ODOT”), and OMD. The Contractor should aggressively pursue a mitigation plan for protecting the environment during construction activities.

2. Schedule

The OMD is looking for a Design-Build Team with an aggressive schedule to provide the highest quality

Facility renovations in the least amount of time feasibly possible.

3. Equipment Driven Spaces

RFQ 190073D001 ASHLAND ASLEP Page 6

As many of the programmed spaces support the function of specific equipment, the Contractor shall take care in coordinating and accommodating the various items of equipment. Power sources for the equipment

(electricity, fuel, air, etc.) must be designed and installed according to the project plans, and all equipment must be integrated into the commissioning plan and ‘start-up’ procedures.

4. Jurisdictional Controls and Code Upgrades

The Contractor shall be responsible for meeting all jurisdictional regulation related to design, construction, commissioning, offsite improvements, and ‘start-up’ of the facility. This responsibility applies to the design-build work, as well as the impact work may have on existing facilities.

5. Agency Reviews and Milestones

The U.S. Department of Defense and other approval authorities shall, at the request of OMD, be included in periodic reviews during the design-build process. OMD shall have ultimate control over the approvals process and can be depended on for coordination of the approval process as defined in the contract.

6. Operational Impacts

While improvements are desirable, construction brings to this Facility interruptions that have a short-term negative impact on the OMD’s state of readiness. The OMD is looking for a Design-Build Team with creative ideas to reduce this impact.

7. Ground Water

This Project has a high likelihood of creating human and equipment interactions with ground waters in the development and renovations of domestic water systems (wells) and effluent disposal systems. Contractor must ensure that the strict adherence to regulatory requirements is maintained in order to mitigate negative impacts to these sensitive natural resources.

8. SEED and LEED

The completed Project must comply with the State of Oregon SEED requirements, with aspirations of attaining the highest LEED certification possible.

The following Risk Table rates the impact of each Risk Element with relation to Project cost, Project quality, and

Project schedule. The ratings are 1 = low impact, 2 = moderate impact, 3 = high impact. These ratings are not universally definitive; each element may not have impact to the degree indicated on this chart. Rather, the ratings indicate special attention should be focused in order to manage the risk and reduce its impact on the overall

Project.

Risk Element Cost Quality Schedule

Hazardous Material Handling and Abatement 3 3 3

Schedule 3 2 3

Equipment Driven Spaces 2 3 1

Jurisdictional Controls / Code Upgrades 2 2 1

Agency Reviews and Milestones 1 3 1

Operational Impacts 1 1 2

Ground Water 2 3 2

SEED and LEED 2 2 1

II. PROCUREMENT PROCESS

1. Exemption From Competitive Bidding

Under current Oregon law, the use of Design-Build as an alternative contracting method instead of the conventional

“low bid” approach requires that the Director of the Department of Administrative Services (“DAS”) as the public contract review authority for the State of Oregon (“State”) grant an exemption based on certain findings. The exemption process was initiated in 2021 and the Exemption Order was issued on May 20, 2021 (Exemption No. 392-

21). OMD must comply with the terms of that exemption, in order to proceed with a request for proposal process and to award a design-build contract pursuant to that process.

2. TWO STEP SELECTION PROCESS. The procurement will be a two-step RFQ/RFP process:

a) Step I: RFQ: Those firms who submit a SOQ pursuant to this RFQ are referred to as “Interested Proposers.”

OMD will determine a Short List consisting of the three (3) highest scoring most qualified Interested Proposers as determined in accordance with this RFQ. The total number of Interested Proposers short-listed will be decided upon by OMD, at its sole discretion. Upon the completion of the RFQ phase, short-listed Interested

Proposers will then be invited to submit Proposals in response to Step II RFP Phase. SOQ scores will not carry-

RFQ 190073D001 ASHLAND ASLEP Page 7 over to the Step II RFP Phase.

b) Step II: RFP: Only short-listed Interested Proposers Identified in the Step I RFQ Phase will be invited to participate in the Step II RFP phase. OMD will evaluate Proposals submitted by the short listed Interested

Proposers in response to the RFP to select the Proposer who offers the Best Value to OMD to award a Design-

Build Agreement with a GMP. Those short-listed Proposers who will be providing Proposals in response to the

RFP are referred to as “Proposers.” More information regarding the RFP Step can be found in Section V of this

RFQ.

3. BEST VALUE PROCESS

This procurement will use a “Best Value” process. The intent of OMD is to award the Contract to the Proposer that provides the Proposal with the best combination of price , quality, and design build experience, which will be based on an evaluation of the following: Project narrative, Project schedule, Project costs, Project approach, Project management and commissioning plans, Project understanding, Project quality, Project objectives, Project desires and betterments, Project completion time, Design Build Team Composition, Design Build Team Experience and compliance with all RFP requirements as determined by OMD at its sole discretion

III. RFQ INSTRUCTIONS TO INTERESTED PROPOSERS

1. RFQ DOCUMENTS; OREGONBUYS SYSTEM

A. The RFQ Documents include this RFQ and all forms, exhibits, attachments, appendices, and other documents incorporated herein.

B. OMD provides the RFQ Documents for the express purpose of obtaining SOQs from prospective proposers for this

Project and does not confer any license or grant for any other use.

C. Complete sets of RFQ Documents must be used in preparing SOQs. OMD assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFQ Documents.

D. The RFQ Documents may be obtained as follows:

1) OREGONBUYS:

The RFQ Documents are available on the OregonBuys system. "OregonBuys" or “OregonBuys System” means the on-line automated electronic purchasing information network administered by the Oregon

Department of Administrative Services (“DAS”). The OregonBuys System website is located at:

http://oregonbuys.gov.

The OregonBuys system is the ONLY OFFICIAL repository for RFQ documents. The State of Oregon assumes no responsibility for content obtained from other sources.

Electronic copies of the RFQ Documents, including all Addenda and attachments, are posted on

OregonBuys and will not be mailed to prospective Proposers.

i. REGISTRATION REQUIREMENT: Interested Proposers must be registered within OregonBuys to conduct business with the State of Oregon. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OMD shall not be responsible for defective registration or incorrect vendor information.

ii. OFFICIAL SUPPLIER LIST: The official suppliers list is maintained by the OregonBuys system.

Interested Proposers who are registered and who download the RFQ documents from OregonBuys will automatically be added to the suppliers list. Interested Proposers who obtain the RFQ documents elsewhere may add themselves to the suppliers list. These Interested Proposers must be registered on OregonBuys in order to do so.

2) IN-PERSON EXAMINATION:

The RFQ Documents may be examined in person at the Oregon Military Department. Interested Proposers http://oregonbuys.gov/

RFQ 190073D001 ASHLAND ASLEP Page 8 must contact the POC referenced in Section I.2.f to schedule an appointment.

E. ADDENDA. This RFQ may be amended through Addenda. Addenda may be viewed and downloaded on

OregonBuys. Interested Proposers should consult OregonBuys regularly until the Closing Date and Time of this

RFQ to ensure they have not missed any Addenda announcements.

F. Examination of Documents:

1) It is the responsibility of each Interested Proposer, before submitting an SOQ, to perform the following tasks:

a. Examine thoroughly all RFQ Documents.

b. Consider federal, state, and local laws and regulations that may affect cost, progress, and performance of the work.

c. Study and carefully correlate the proposer's knowledge and observations with the RFQ Documents and other related data.

d. Promptly notify OMD of all conflicts, errors, ambiguities, and discrepancies that the proposer has discovered in the RFQ Documents.

G. Pre-qualification Meeting: OMD will not hold a pre-qualification meeting

2. RFQ SCHEDULE

A. RFQ Document Availability Date: APRIL 5, 2023

B. Last Date for Questions, Clarifications, and Request for Changes: APRIL 19, 2023

C. Closing Date for SOQ Submissions: MAY 9, 2023 by 11:00 AM

D. Notification of Short-List: May 22, 2023 (Estimated)

E. OMD reserves the right to change the schedule or terminate the entire RFQ solicitation process at any time.

3. RFQ SUBMISSION INSTRUCTIONS

A. SOQs must be submitted to the POC identified in Section I.2.f of the RFQ

B. Interested Proposers must submit one (1) “original” Proposal bearing original ink signatures secured within an appropriate size 3 ring binder that is clearly marked “original”.

C. Interested Proposers must submit one (1) electronic copy of their proposal on Compact Disc (“CD”). NO OTHER

MEDIA STORAGE DEVICES ARE ACCEPTABLE. Electronic copy’s MUST be submitted on CD.

D. Interested Proposers must submit FIVE (5) copies of their proposals individually secured within appropriately sized

3 ring binders.

E. All SOQ submissions must be made in strict compliance with the instructions provided to the Interested Proposers.

Submissions not in compliance will be deemed non-responsive.

F. SOQs must be enclosed in an opaque sealed envelope or box, marked with the solicitation title, OregonBuys

Number, OMD solicitation number, and the name and address of the Interested Proposers.

G. Submissions must be sent through the mail, courier service or be hand-delivered. SOQs may NOT be submitted by email or fax.

H. Submission materials must be no larger than 8 ½ x 11 inches and must be securely contained within an appropriate size 3 ring binder.

I. Materials larger than 8 ½ x 11 inches will not be accepted. Any materials received that are larger than this format will be removed from an Interested Proposer’s submission prior to being given to the evaluation committee for review.

J. All exhibits, schedules or other attachments shown on the SOQ Form must accompany the SOQ Form in the same envelope or box; clearly identify each separate item with the Interested Proposer’s name and the solicitation name and number

4. RFQ FORM INSTRUCTIONS

A. Complete and submit Forms 1, 2, 3, and 4. Interested Proposers shall use the forms as supplied in this RFQ and

RFQ 190073D001 ASHLAND ASLEP Page 9 shall not modify or customize the forms in order to ensure that no inadvertent changes are made. Additional sheets with full identification may be added if all the information will not legibly fit on the form. All forms must be filled in completely by the Interested Proposer and clearly demonstrate your ability to meet the RFQ Qualifications

Criteria. Forms that are not completed may result in Interested Proposer’s SOQ being deemed non-responsive and given no further consideration.

B. Form 1 - SOQ Form:

1) All blanks on the SOQ Form must be completed by typing or printing in ink.

2) Signatures must be in ink and notarized.

3) SOQs submitted by partnerships or joint ventures must be executed in the partnership or joint venture name, as applicable, and signed by all partners/joint venturers whose titles must appear under the signature.

4) SOQs submitted by corporations or other business entities must be executed in the corporate/business entity name, by the president, vice-president (or other corporate/business entity officer accompanied by evidence of authority to sign), with the corporate/business entity seal affixed and signed by the secretary, assistant secretary or other required officer of the entity.

a. The corporate/business entity address, and state of incorporation/organization must be shown below the signature.

b. If the proposer is an out-of-state corporation/business entity, evidence of authority to conduct business in the State of Oregon must be attached.

5) The SOQ Form must contain an acknowledgement of receipt of all Addenda, the numbers of which must be filled in on the SOQ Form.

C. Form 2 - Company Information Form:

1) Identify the type of resources, number of experienced personnel, and the direct role of each of the Project team members.

2) Team Composition: In addition to the Design-Builder, architect, engineer, and consultants, provide:

a. Company names of Key Subcontractors/Consultants providing design services.

b. Company names of Key Subcontractors/Consultants providing construction services.

D. Form 3 - Key Personnel Information Form:

1) Provide qualifications of key personnel assigned to the Project and identify the employer of the key personnel

(the Interested Proposer, a named sub-contractor or sub-consultant, etc.). Provide specific project experience that demonstrates the individual’s knowledge, skills and abilities to fulfill their Project roles.

2) Provide the key personnel's recent, current, and projected workloads.

3) Provide the proportion of time by phase that proposed key personnel will spend on this Project.

4) Note: Key personnel submitted cannot be replaced without prior written approval from the OMD Contract

Administrator. OMD reserves the right to limit substitution consent to situations where the identified Key

Personnel is no longer employed by the Design-Builder, the subcontractor or sub-consultant, as applicable. Any substitute offered must be possess equivalent qualifications to the identified Key Personnel. These restrictions apply during the RFQ and RFP process and after contract award and execution.

E. Form 4 – Similar Design Build Projects Form:

1) Complete a separate Similar Design Build Projects Form for each project.

2) Limit the number of projects to a listing of five (5) projects.

3) Complete all blocks and information requested on the form.

4) Note: project photos are optional.

5. RFQ ATTACHMENT INSTRUCTIONS

A. SOQ Attachments:

1) In addition to Forms 1, 2, 3, & 4, provide all attachments as outlined in this section.

2) Bind attachments and attach to Form 1- the SOQ Form.

RFQ 190073D001 ASHLAND ASLEP Page 10

3) Standard printed brochures are preferable to custom-prepared graphics.

4) No other attachments other than those described in this Section are allowed. Any additional attachments received will be removed from the Interested Proposer’s SOQ prior to evaluation committee review.

B. SOQ Attachment 1 – Cover Letter:

1) Provide a cover letter identifying Interested Proposer’s firm name, address, phone number, and the name of the principal contact for the firm.

2) Include in the cover letter a statement confirming Interested Proposer’s intention to provide a proposal for the design and construction of the Project, if selected as a “Qualified Proposer” and included on the Short-List.

3) Provide a statement confirming Interested Proposer’s ability to commit personnel and resources to the Project and include an estimated project schedule encompassing Project start time, design time, construction time, and substantial and final completion dates.

C. SOQ Attachment 2 – Proof of Financial Capability / Experienced Modification Rate:

1) Provide a letter from Interested Proposer’s surety company indicating Interested Proposer’s bonding capacity that is greater than the target GMP listed in Section 1(4)(E).

2) Provide letter from Interested Proposer’s surety company describing Interested Proposer’s construction cost bonding capacity history.

3) Provide a letter from Interested Proposer’s Insurance Company substantiating its Experience Modification Rate

4) Provide a letter from Interested Proposer’s financial institution or Certified Public Accountant stating Interested

Proposer’s financial stability and ability to be financially responsible for the duration of the Project.

D. SOQ Attachment 3 – Letters of Reference:

1) Provide references and recommendations from three (3) major suppliers from the Interested Proposer’s last

Design Build delivery method Project.

2) Provide references and recommendations from three (3) subcontractors from the Interested Proposer’s last

Design Build delivery method Project.

3) Provide references and recommendations from three (3) past Design Build delivery method Project clients of the Interested Proposer.

E. SOQ Attachment 4 –Project Approach:

1) Provide a detailed description of the approach and methodology for preparing the design documents, specifications, and other required deliverables, including a discussion of design management and the designer’s construction administration philosophy utilizing the Design Build delivery method.

2) Provide a detailed description of the approach and methodology for construction execution, including a discussion of Project administration, fiscal management, quality assurance/quality control, risk mitigation, and

Project closeout utilizing the Design Build delivery method.

3) Provide a detailed description of the approach and methodology for the Owner’s role during the design and construction of the Project utilizing the Design Build delivery method.

4) Provide a description of Interested Proposer’s knowledge of U.S. Army and National Guard Bureau (“NGB”) requirements for preparing drawings and specifications.

5) Provide a description of Interested Proposer's experience in completing contractual documents for government agencies, military training sites and remote project sites.

6. REQUESTS FOR CLARIFICATION, CHANGES, AND PROTESTS

A. Request for Clarification:

1) OMD will respond to each properly submitted written request for clarification. Where appropriate, OMD will issue revisions or clarifications via addenda posted on the OregonBuys System.

2) All questions about the meaning or intent of the RFQ Documents must be directed to POC identified in Section

I.2.f of the RFQ.

3) Interpretations or clarifications of the RFQ considered necessary by OMD in response to such questions will be issued by Addenda and available to be downloaded from the OregonBuys System.

RFQ 190073D001 ASHLAND ASLEP Page 11

4) Questions received must be received in accordance with Section III 2 RFQ Schedule.

B. Request for Change:

1) An Interested Proposer may submit a request for changes to the RFQ terms. OMD will respond to each properly submitted written request for change of RFQ terms. Where appropriate, OMD will issue revisions or clarifications via addenda posted on the OregonBuys System.

2) To be considered, requests for changes must include the reason for requested changes supported by factual documentation supporting the requested changes.

3) The request for clarification or changes must be marked “Request for Clarifications or Changes” and include the

Solicitation Number.

4) To be considered, the request must be in writing and be received in accordance with Section III 2 RFQ Schedule

C. Protests:

1) Any Interested Proposer that believes the RFQ terms are unnecessarily restrictive, or limit competition may submit a written protest.

a. To be considered, the protest must include the legal and factual grounds for the protest, a description of the resulting prejudice to the Interested Proposer if the protest is not granted, and a statement of any desired changes.

b. OMD may, at its sole discretion, discuss the protest with the protestor. No hearing will be held on the protest, but it shall be decided by OMD on the basis of the protest.

c. The protest must be marked “Solicitation Provision Protest” and include the Solicitation Number.

d. This is the Interested Proposer’s only opportunity to protest or request changes to the RFQ terms. Any

Interested Proposer taking exception to the procurement requirements of this RFQ in their SOQ shall be deemed non- responsive and shall be rejected.

e. To be considered, the protest must be in writing and be received in accordance with Section III 2 RFQ

Schedule

7. WITHDRAWAL OF SOQ. An Interested Proposer may withdraw its SOQ prior to the SOQ due date by submitting written notice on Interested Proposer’s letterhead signed by an authorized representative. The notice must include the name and phone number of the Interested Proposer’s representative that will be contacted to arrange for the Interested

Proposer to retrieve the withdrawn SOQ. Alternatively, an Interested Proposer may withdraw its SOQ in person prior to the SOQ due date upon presentation of identification and evidence of authorization to act for the Interested Proposer. If possible, OMD will return all SOQ materials at the time an in-person withdrawal is presented.

IV. SOQ EVALUATION PROCESS

1. EVALUATION

A. The Evaluators:

1) Evaluation will be conducted by an evaluation committee appointed by OMD. The evaluation committee will consist of no less than three (3) scoring evaluators. The total number of evaluators will be determined by OMD at its sole discretion who may consult with non-scoring technical advisers.

2) Interested Proposers are prohibited from discussing the RFQ, RFP, or the Project with any member of the evaluation committee. Any contact will be grounds for disqualification.

B. RFQ Selection: PASS/FAIL

1) Minimum Qualifications Required:

a. The Interested Proposer and any contractors that make up the Interested Proposer’s team must be licensed with the State of Oregon Construction Contractors Board (“CCB”) (ORS Chapter 701) prior to its submittal of the SOQ, (unless superseded by federal law in that requires such licensing prior to contract execution).

b. All design services constituting the practice of architecture must be provided by or under the responsible charge of a duly qualified and Oregon-licensed architect (in accordance with ORS Chapter 671), either employed by the Interested Proposer or hired by the Interested Proposer. All design services, if any, constituting the practice of engineering shall be provided by or under the responsible charge of a duly

RFQ 190073D001 ASHLAND ASLEP Page 12 qualified and Oregon-licensed engineer (in accordance with ORS Chapter 672), either employed by the

Interested Proposer or hired by the Interested Proposer.

c. SOQs will be reviewed for completeness and compliance with the requirements of this RFQ. SOQs that are incomplete may be rejected. If the SOQ is unclear, Interested Proposer may be asked to provide clarification. No new information or documentation may be submitted.

d. SOQs that are determined to be non-responsive will be rejected.

2) RFQ References:

References will be reviewed for compliance with RFQ Attachment Instructions.

C. SOQ Scoring Calculation of Average Score. (SCORED) Evaluation Committee members will independently score the responses and allocate points for each SOQ. All, part, or none of the maximum points for each answer may be awarded. The sum of all scores awarded to each Interested Proposer will be divided by the total number of scoring evaluation committee members to compute an average score for each Interested Proposer. An Interested Proposer’s maximum score for evaluation criteria listed in this Section C is 200 points.

1) Design-Build Certification Maximum 25 points

a. Design Build Professional (DBIA Certified) (Maximum 15 points)

b. Associate Design Build Professional (Assoc. DBIA Certified) (Maximum 10 points)

2) Design-Build Experience Maximum 50 points

a. Project Organization and Administration (Maximum 20 points)

b. Design Build Construction Delivery Approach and Methodology (Maximum 20 points)

c. Pay Application/Invoice Substantiation (Maximum 10 points)

3) Team Qualifications: Maximum 50 points

a. DBIA Membership of Team members (Maximum 15 points) 5 points per Team membership up to a maximum of 15 total points

b. Team Composition (Maximum 15 points)

c. Team Member experience using design Build Project Delivery Method (Maximum 15 points)

d. Quality Assurance / Control and Commissioning Experience (Maximum 5 points)

4) Relevant Project Experience: Maximum 50 points

a. General Contractors Design Build Project Experience (Maximum 20 points)

b. Design Professional Design Build Project Experience (Maximum 20 points)

c. Maintaining tenants continued use of facility during construction. (Maximum 10 points)

5) Performance History: Maximum 25 points

a. Demonstrated budgetary conformance (Maximum 10 points)

b. Demonstrated Project Schedule Compliance (Maximum 10 points)

c. Demonstrated Client Satisfaction (Maximum 5 points)

D Experience Modification Rate (“EMR”) – Maximum 25 points possible

The points for this section are scored separately by the Evaluation Committee Chairperson.

The lowest verified EMR rating (see Section II. 5 C 3) will be awarded the maximum number of Points possible. Firms with higher EMRs will be awarded a percentage of the maximum Points possible based on the following formula:

(L/X)Y = A

Where:

L = Lowest EMR rate among all Proposals

X = EMR Rate being scored

RFQ 190073D001 ASHLAND ASLEP Page 13

Y = Total Points Possible

A = Awarded points

F. RANKING OF SOQs:

An Interested Proposer’s maximum score is 225 points (Interested Proposer’s SOQ score combined with its EMR score). The highest cumulative total score will determine the Short-List.

2. SHORT LIST ANNOUNCEMENT AND PROTEST

A. Notice. An announcement of the short-listed firms will be posted on the OregonBuys System.

B. Right to Protest Short List.

1 An adversely affected or aggrieved Interested Proposer may submit a written protest of the Contracting

Agency's decision to exclude the Interested Proposer from the Short List within five (5) calendar days after issuance and posting of the Short List on OregonBuys. The Interested Proposer's protest shall be in writing and must specify the grounds upon which the protest is based.

2. An Interested Proposer is adversely affected only if the Interested Proposer is responsible and submitted a

Responsive SOQ and is eligible for inclusion in the Short List, i.e., the protesting Interested Proposer must claim it is eligible for inclusion in the Short List if all ineligible higher-scoring Interested Proposers are removed from consideration, and that those ineligible Interested Proposers are ineligible for inclusion in the

Short List because: (i) their SOQs were not responsive; or (ii) OMD committed a substantial violation of a provision in the RFQ or of an applicable procurement statute or administrative rule, and the protesting

Interested Proposer was unfairly evaluated and would have, but for such substantial violation, been included in the Short List.

3. OMD will not consider a protest submitted after the time period set forth above. An Interested Proposer may not protest a OMD’s decision not to increase the size of the Short-List above the size of the Short-List set forth in this RFQ.

V. STEP II: REQUEST FOR PROPOSALS

1. RFP GENERAL INFORMATION

A. As described in Section II, the selection process will be a two-step RFQ/RFP process. During the second step RFP

Process, OMD will evaluate proposals from only the firms on the Short List identified in Step I to select the Proposer who offers the Best Value to OMD for the award of a Design-Build Contract with a GMP. The RFP information contained herein is for informational purposes only and OMD reserves the right to change the RFP requirements and estimated dates in the final RFP to be issued. Furthermore, the RFP requirements and estimated dates are subject to the requirements of the exemption order issued by DAS.

B. Only those firms selected for the short-list during the RFQ process will receive the RFP and be eligible to submit proposals.

C. Each proposal submitted in response to the RFP must be accompanied by proposal security in the amount of

10% of the GMP that will be set forth in the RFP. Proposal security must be submitted in the form of a surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier’s check or certified check.

D. All proposals must remain firm and subject to acceptance for one hundred and eighty (180) calendar days after the proposal opening date, but OMD may, at its sole discretion, release any proposal and return the proposal security prior to that date.

1) OMD reserves the right to reject any or all proposals, including without limitation the right to reject any or all nonconforming, nonresponsive, or conditional proposals.

2) OMD reserves the right to reject the proposal of any proposer if OMD deems it not to be in the best interests of

OMD, or to reject any or all proposers who fail to satisfy qualification requirements or fail to meet standards of responsibility.

3) OMD also reserves the right to waive all minor informalities not involving price, time, or changes in the work.

E. When OMD provides a Notice of Intent to Award to the successful proposer, the Design-Builder selected for contract award will be expected to execute the final form of the Design-Build Contract for the Project within twenty-one (21) calendar days thereafter and deliver the required performance and payment bonds, and insurance certificates.

F. The Design-Builder selected for contract award may be given access to information or records that are confidential under Oregon Law solely for the purpose of performing the required services under the contract. By submitting a proposal, the Design-Builder, and at the option of OMD, the Design-Builder’s employees, agents and subcontractors, RFQ 190073D001 ASHLAND ASLEP Page 14 agree, at OMD’s request, to sign a nondisclosure agreement prior to their receipt of such information or documents obligating each employee, agent, and subcontractor to comply with the confidentiality provisions of the contract.

2. RFP SCHEDULE – All dates and times are estimated - OMD reserves the right to change the schedule or terminate the

RFP solicitation process at any time.

A. RFP Documents:

1) RFP Documents Available (Estimated): June of 2023

B. Mandatory Pre-Proposal Conference:

1) Date (Estimated): July of 2023 (Date and time will be in the RFP)

2) Location: (Proposers will be provided directions to the Conference in advance.)

3) Only prospective proposers selected for the short list from the RFQ will be allowed to attend. Design-Builder team attendance at the Conference and tour is required to fully understand Project requirements.

C. Proposal Submission:

1) Date (Estimated): August of 2023 (Date, time, and location will be in the RFP)

2) Location: Identified in the RFP

3) Number of Copies: one (1) original bearing original ink signature(s) of authorized representative(s), five (5) copies, and one (1) electronic CD copy of its Proposal.

4) Interviews: OMD reserves the right to conduct interviews (Date and Time to be determined)

D. Notice of Intent to Award (Estimated): October 2023

3. SUMMARY OF PROPOSAL EVALUATION

A. All proposals that will be submitted in response to the RFP must be based on the GMP that will be included in the

RFP.

B. The successful proposal will be the one that provides the overall best value to the OMD, with that best value determined at OMD’s sole discretion.

C. The detailed evaluation criteria will be provided as part of the RFP.

D. Proposers will be required to incorporate drawings, specifications, and other data as indicated on the RFP Submittal

Forms, of a form and character sufficient to adequately explain the design intent and the character of the proposed construction and Proposers’ submittals will be expected to incorporate all substantiation of the performance specifications. The RFP Documents will identify all items that require substantiation in the proposal.

E. All submitted artist renditions must be actual representations of the Proposer’s proposal. Artist renditions that are not substantiated within the proposal and that are not commensurate with the GMP may result in the proposal being deemed non-responsive and rejected.

4. BOND / SURETY REQUIREMENTS

A. Proposal Security: 10% of GMP that will be set forth in the RFP (Must be submitted by all Proposers with Proposal)

B. Performance and Payment Bonds: Each in the amount of 100% of the GMP set forth in the RFP. (Must be submitted by Selected Proposer only following Notice of Intent to Award).)

5. INSURABILITY REQUIREMENTS

Insurability: Proposers must demonstrate the following proof of insurability at the RFP stage. For purposes of this Section, Contractor should be read to refer to “Design Builder.”

INSURANCE REQUIREMENTS

Contractor shall obtain at Contractor’s expense the insurance specified below prior to performing under this Contract and shall maintain it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-

RFQ 190073D001 ASHLAND ASLEP Page 15 insurance with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS

656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $1,000,000 each accident.

If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $1,000,000.

As applicable, Contractor shall obtain coverage to discharge all responsibilities and liabilities that arise out of or…