S-10700_00000521_Shelving_NVM.pdf

State of Oregon

Invitation to Bid

SOLICITATION#

S-10700-00000521

MILL CREEK WAREHOUSE RACKING PROJECT

Closing / Bid Opening Date November 16, 2021, TIME: 2:00 PM (Pacific)

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB section C.1.5.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

ITB page 1 of 38

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E BUREAU OF LABOR AND INDUSTRIES (“BOLI”) PREVAILING WAGE RATE REQUIREMENTS

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS;

AND JOINT VENTURE - PARTNERSHIP DISCLOSURE

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES / ESB UTILIZATION

SECTION J RECYCLED PRODUCTS / DEMOLITION WORK

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF COMPLIANCE WITH DRUG-TESTING LAW REQUIREMENTS:

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS

SECTION O CERTIFICATION OF COMPLIANCE WITH EXECUTIVE ORDER 21-29

SECTION P SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 GENERAL CONDITIONS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B PLANS

SECTION B - DEFINITIONS

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

B.1.1 "Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 125-249-0250(2). The plural form of “Addendum” is “Addenda.”

B.1.2 "Agency" means the Department of Administrative Services, or “DAS”.

B.1.3 "Bid" means the Offeror's written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer" (as defined in Section A.1 of the General Conditions).

B.1.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror” (as defined in Section A.1 of the General Conditions).

B.1.5 "Closing" (referred to Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.1.6 "DAS" means the Oregon Department of Administrative Services, acting through its Enterprise Goods and Services Division, Procurement Services.

B.1.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.8 "Opening" means the date/time set to read the Bid submittals.

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

ITB page 2 of 38 http://www.oregonbuys.gov/

B.1.10 "State" means the State of Oregon.

B.1.11 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

B.2 Special Definitions for Interpreting EO 21-29 Obligations.

The following definitions are from EO 21-29 as it may be amended. These definitions are for reference only and Offerors should refer to the EO 21-29 for current definitions.

“EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

‘FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended.

ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov)

For interpretation of provisions relating to EO 21-29:

a. The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-29.

b. The term “Worksite” has the meaning defined in the FAQ.

SECTION C - GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

C.1.1 PROJECT INFORMATION:

ITB PURPOSE:

The purpose of this Invitation to Bid (“ITB”) is to establish a Contract for the Mill Creek Warehouse Racking Project (“Project”) for the benefit of the Department of Administrative Services.

PROJECT DESCRIPTION:

The Project includes high bay steel storage rack system breakdown and removal at the current site (North Valley Complex, 26755 SW 95th Ave., Wilsonville, Oregon 97070) and the relocation and reinstallation of the shelving components at the Mill Creek Corporate Center, Building 3, 3455 Aumsville Highway SE, Salem, Oregon 97313), which is a newly constructed warehouse space of approximately 47,000 square feet. Re-installation of racking system will include new seismic anchorage to meet current code and related electrical work. The Work performed under this Contract includes all labor, materials, supervision, coordination, transportation, equipment, permits, and services for, and incidental to, the completion of all Work in connection with the Project as described in the Contract Documents.

PROJECT LOCATION:

The Work will take place in both the North Valley Complex, 26755 SW 95th Ave., Wilsonville, Oregon, 97070, Clackamas County, Oregon, BOLI Region 2 and the Mill Creek Corporate Center, Building 3, 3455 Aumsville Highway SE, Salem, Oregon, 97313, Marion County, Oregon, BOLI Region 3.

The work of the Project is anticipated to occur at unoccupied portions of Executive Branch worksites. The requirements of EO 21-29 do not apply to Workers at unoccupied Executive Branch worksites if the Workers will not interact with the occupied portion of the building for more than 15 minutes. In the event that the work involves interaction with the occupied portion of the building for more than 15 minutes, or otherwise includes in-person meetings or other activities at occupied indoor premises controlled or operated by Agency or by any other Oregon Executive Branch agency, those Workers that participate in such in-person indoor meetings or other activities at occupied indoor premises and all Workers of

ITB page 3 of 38 https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21-29_ContractorFAQ.pdf https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

Subcontractors that participate in such in-person indoor meetings or other activities at occupied indoor premises must be fully vaccinated for COVID-19 unless an exception applies.

PROJECT ESTIMATE:

The following range is a project estimate for bonding purposes: $250,000-$260,000

PROJECT COMPLETION DATES:

Project Start Date [Insert #] calendar days from issuance of Notice to Proceed.

Substantial Completion 82 calendar days from issuance of Notice to Proceed

Final Completion 96 calendar days from issuance of Notice to Proceed

LIQUIDATED DAMAGES:

Liquidated damages of $200/day will apply to the contract resulting from this ITB. (See Exhibit 5 for detailed information)

C.1.2 SOLICITATION SCHEDULE

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

ACTIVITY

SCHEDULE/DEADLINE

Pre-Bid Conference See C.1.3 of ITB Deadline for solicitation protests, requests for change, requests for clarification, requests for brand name/ product substitutions, and questions

November 4, 2021, 2:00 PM

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

Public Bid opening Immediately after Bid Opening Date and time identified in OregonBuys for this ITB. See ITB section C.7.

Deadline for Award protest 7 calendar days after issuance of the notice of intent to award. See ITB section C.18

C.1.3 MANDATORY PRE-BID CONFERENCE:

A mandatory pre-bid conference will be held on November 1, 2021 at 3:00 PM (Pacific), located at Mill Creek Corporate Center, Building 3, 3455 Aumsville Highway SE, Salem, Oregon, 97313.

Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued from DAS and advertised on the OregonBuys system.

BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE.

BIDS WILL ONLY BE EVALUATED FROM BIDDERS OR THEIR REPRESENTATIVE WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-

RESPONSIVE.

C.1.4 PURCHASER / SINGLE POINT OF CONTACT:

The single contact point for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Kelly Mann at 971-349-2117, and e-mail Kelly.Mann@oregon.gov

ITB page 4 of 38 file://WPDASCLR05C/PS/Home/kmann/Assignment%20Details/__HeidiOverman/Kelly.Mann@oregon.gov

C.1.5 GENERAL BIDDING INFORMATION AND BID REQUIREMENTS

C.1.5.1 OREGONBUYS

C.1.5.1.1 REGISTRATION REQUIREMENT: All vendors must be registered 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.

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

C.1.5.1.2 CROSSWALK of TERMS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

Bid Solicitation Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order (“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C.1.5.1.2 OBTAINING ITB DOCUMENTS: This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

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

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

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

C.1.5.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

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

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

ITB page 5 of 38 https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx https://oregonbuys.gov/bso/ https://oregonbuys.gov/

C.1.5.2 SUBMITTALS VIA OREGONBUYS.

C.1.5.2.1 INSTRUCTIONS. Bidder must be a registered Vendor in OregonBuys (see section C.1.5.1.1). Bidder should select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidder must complete and submit via OregonBuys the following items, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB (submittals by any other means will be rejected):

C.1.5.2.2 PRICING SUBMITTAL FORM. Bidders must complete and submit the Pricing Submittal Form using the form available for download from the File Attachments section for this ITB in OregonBuys. Failure to supply all required information in the Pricing Submittal Form may result in rejection of the Bid as non-responsive. In the event of a discrepancy between extended prices and unit prices, unit prices will prevail. If the Pricing Submittal Form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information.

The quantities listed in the Pricing Submittal Form posted as a File Attachment in OregonBuys for this ITB are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. DAS reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities.

C.1.5.2.3 ADDITIONAL INFORMATION TO BE SUBMITTED WITH THE BID: Bidder must submit the following items via upload in OregonBuys, no later than the Bid Opening Date and time specified in OregonBuys for this ITB, or the Bid will be determined not Responsive.

Construction Contractors Board (“CCB”) Registration Requirements; Asbestos Abatement Licensing Requirements, &

Joint Venture - Partnership Declaration, Section G;

Addenda Acknowledgement; Section H;

Responsibility Inquiry & Contractor References; Utilization of Businesses Certified under ORS 200.055, Section I;

Residency Information, Section K;

Signature of Bidder's Duly Authorized Representative, Section P;

Pricing Submittal Form (Exhibit 1); and Bid Security (Exhibit 2) unless another method of submission is approved per Section D.

The following must be submitted via OregonBuys prior to the Bid Opening Date and time OR via email to the Purchaser/Single Point of Contact listed in OregonBuys within two working hours after the Bid Opening Date and time specified in OregonBuys for this ITB;

First Tier Subcontractor Disclosure Form, Section F.

C.1.5.2.4 ELECTRONIC BID PROVISIONS

C.1.5.2.4.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes.

C.1.5.2.4.2 DAS reserves the right to reject any Bid that is unreadable.

C.1.5.2.4.3 DAS reserves the right to award the Contract solely on the Bid submitted electronically through OregonBuys;

however, upon DAS’s request, the apparent successful Bidder shall promptly submit its complete original signed bid. In the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to protest or to otherwise participate in the procurement, DAS may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

C.1.5.2.4.4 By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with DAS that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

C.1.6 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under Oregon Revised Statutes (“ORS”) 192.345 or confidential proprietary information under ORS 192.355, and that Offeror wishes to protect from public

ITB page 6 of 38 disclosure, must be clearly labeled with the following: "This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192. Offerors are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.1.7 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS, and Divisions 246 and 249 of the Oregon Administrative Rules (“OAR”) of the Oregon Department of Administrative Services and, to the extent applicable, Divisions 046 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.7.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or on line at:

http://www.leg.state.or.us/ors/home.html

C.1.7.2 OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES ADMINISTRATIVE RULES – [OAR Chapter 125, Divisions 246 and 249 and OAR Chapter 137, Divisions 046 and 049] - Can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285. Phone (503) 378-4642 or on line at:

http://arcweb.sos.state.or.us/banners/rules.htm

C.1.7.3 In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS ("General Conditions") dated January 1, 2012, and the Supplemental General Conditions, which are incorporated herein by this reference. See Exhibit 6 and Exhibit 7.

C.1.8 BRAND NAME USAGE:

C.1.8.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.1.8.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

The Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal". This determination shall not absolve the submitting Bidder of sole liability related to the proposed product’s failure to meet the specified requirements.

C.1.8.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been pre-approved in writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

DAS shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent.” The Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal". This determination shall not absolve the submitting Bidder of sole liability related to the proposed product’s failure to meet the specified requirements.

ITB page 7 of 38 http://arcweb.sos.state.or.us/banners/rules.htm

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR BRAND

NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through

(a) requests for approval of an "or approved equal" or an "or approved equivalent"; (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (d) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS: Requests and solicitation protests shall be made in Writing, via email, and marked as follows:

Bid Request for:

Brand Approval/Request for Substitution/Request for Clarification/Request Change/Solicitation Protest

ITB Number Closing Date & Time and must be received by the appropriate point of contact as identified in Section C.1.4 by 2:00 PM (Pacific time) on November 4, 2021. Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein.

C.2.2.1 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Offerors shall provide the specified product unless another is approved through a request for approval of an "approved equal" or an "approved equivalent, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests shall be made in writing via email and be submitted in conformance with the submittal requirements of C.2.2.

• Requests shall provide all the information necessary for the State to determine product acceptability;

• Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent; and

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

OregonBuys.

C.2.2.2 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in conformance with the submittal requirements of C.2.2.

C.2.2.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications in conformance with the submittal requirements of C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.2.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in conformance with the submittal requirements of C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

C.2.3 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that DAS determines should be handled by formally amending the ITB, DAS will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.4 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: DAS shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, DAS will issue ITB revisions via Addenda posted on the OregonBuys System. DAS may also informally respond to Offeror questions.

ITB page 8 of 38

C.2.5 QUESTION AND ANSWER DOCUMENTS: DAS may post question and answer documents on OregonBuys to respond to inquiries when DAS determines, in its sole discretion, the answers do not effect changes to this ITB.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA

ADDENDA ISSUED BY DAS AND POSTED ON THE OREGONBUYS SYSTEM.

C.3 REQUESTS OR PROTESTS RELATING TO ADDENDA

Requests for clarification, requests for changes, and solicitation protests of Addenda may be submitted in conformance with submittal requirements in C.2.2. Requests or protests related to an Addendum must be received by 5:00 pm on the next business day following issuance of the Addendum, unless a different deadline is set forth in the Addendum, or they will not be considered. DAS will not consider requests or protests of matters not added or modified by the Addendum.

C.4 BID MODIFICATION PRIOR TO CLOSING/BID OPENING

Bids, once submitted, may be modified before the Bid Opening Date by uploading a new Bid in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Offerors may not modify Offers after Closing/Bid Opening Date.

Nothing in this Section C.4 shall be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.5 [RESERVED]

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

C.6.1. If a Bidder wishes to withdraw a submitted Bid through OregonBuys, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/”Bid Opening Date” and time specified in OregonBuys for this ITB

C.7 BIDS RECEIVED and BID OPENING

C.7.1. BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the “Bid Opening Date” and time specified in OregonBuys for this ITB. Bids received after the Bid Opening Date and time, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.7.2 BID OPENING. Bid Opening will occur immediately following “Bid Opening Date” and time unless otherwise specified.

Only the name of each Bidder and the Bid amounts will be read at the Opening. Award decisions will not be made at the Bid Opening. Agency will hold the public Opening through electronic means. Interested parties may attend the Opening for this solicitation electronically at:

Click here to join the meeting or by phone, 503-446-4951 using PIN 280107400#

C.7.3 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms not included in the Bid Submission must be returned and date/time stamped within two working hours after the Closing/Bid Opening Date via email to the Purchaser/Single Point of Contact listed in OregonBuys. Failure to comply with this requirement shall result in rejection of the Offer as non-responsive.

C.8 PRELIMINARY BID RESULTS

Prior to the Intent to Award Announcement, DAS may post preliminary bid results on the OregonBuys system. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror's Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than thirty (30) calendar days from the Closing/Bid Opening Date.

ITB page 9 of 38 https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2VlYTRkYTQtZmIwNS00ZWRhLWI0MWMtNzBmYjZkYTFhNjc4%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2271d2f601-9da2-48fc-b3f2-26d6a85188d5%22%7d

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

DAS may request, orally or in writing that Offerors extend, in writing, the time during which DAS may consider their Offers.

If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

C.11 [RESERVED]

C.12 [RESERVED]

C.13 OFFER EVALUATION CRITERIA AND METHOD OF AWARD

C.13.1 RESPONSIVENESS: For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, DAS may waive minor informalities and irregularities.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, DAS will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 125-249-0390. In doing so, DAS may investigate Offeror and request information in addition to that already required in the ITB, when DAS, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE: Awards shall be subject to preference for goods or services that have been produced or manufactured in Oregon, if price, fitness, availability and quality are otherwise equal (ORS 279A.120); See also; OAR 137- 046-0300.

C.13.4 RECIPROCAL PREFERENCE. Solely for the purpose of evaluating offers, DAS will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, DAS will add ten (10) percent to that Bidder’s Bid price. (OAR 137-046-0310). See also Section K. No such adjustments shall operate to amend Bidder's Bid or any Contract awarded pursuant thereto.

C.13.5 REJECTION OF BID DUE TO CERTAIN DEBT. Included among the reasons DAS may reject an Bid is if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.13.6 METHOD OF BID AWARD: Provided DAS does not cancel the solicitation or reject all Bids pursuant to OAR 137- 049-0270, award will be made to the responsible Bidder that submits a responsive Bid with the lowest total Bid Price (including adjustments, if any, per C.13.4) for the items selected for award. Award will be made to one Bidder only. DAS reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.14 PROCESSING OF BIDS

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

C.15 WITHDRAWAL BY DAS OF BID ITEMS PRIOR TO AWARD

DAS reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.16 REJECTION OF OFFERS

C.16.1 REJECTION OF ALL OFFERS: DAS may reject all Offers for good cause upon its finding that it is in the public interest to do so.

C.16.2 REJECTION OF PARTICULAR OFFERS: Agency will reject Bids in accordance with OAR 125-249-0440.

ITB page 10 of 38

C.17 INTENT-TO-AWARD ANNOUNCEMENT

DAS will announce its intent to award prior to formal Contract award by posting the Bid results on the OregonBuys System ("Intent-to-Award Announcement"). The Intent-to-Award Announcement shall serve as notice to all Offerors that DAS intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

C.18.1 Adversely-affected or aggrieved Offerors shall have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest via email to the Single Point of Contact. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.18.2 In order to be an adversely affected or aggrieved Offeror, the Offeror must claim to be eligible for award of the Contract as the responsible Offeror submitting the lowest responsive Offeror and that any and all lower Offerors are ineligible to receive Contract award.

C.18.3 The written protest shall state the grounds upon which the protest is based. Pursuant to OAR 137-049-0260, no protest against award shall be considered because of the content of Bid Specifications, Plans, or contract Terms after the deadline established for submitting protests of Bid Specifications, Plans or Contract Terms.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

DAS will respond in writing, via email, to intent-to-award protests submitted by adversely-affected or aggrieved Offerors.

DAS may also respond to intent-to-award protests submitted by other Offerors for purposes of clarification. However, any response provided by DAS is not intended to, and shall not in and of itself constitute, confirmation that the Offeror is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent to award, or that the protest was timely filed.

C.20 AWARD

After expiration of the seven (7) calendar-day intent-to-award protest period, and resolution of all protests, DAS will proceed with final award. If DAS receives only one Bid, DAS may dispense with the intent-to-award protest period and proceed with award of a Contract.

C.21 COMMENCEMENT OF WORK

Contractor shall not commence Work under the Contract until the Notice to Proceed has been issued.

C.22 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review at DAS by appointment during regular business hours (Monday through Friday) or as otherwise allowed by applicable legal requirements. Upon request, the Single Point of Contact will arrange for review of the documents.

C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR

C.23.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to DAS within seven

(7) calendar days of notification of intent to award. Failure to present the required documents within the seven (7) calendar-day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the Supplemental General Conditions in Exhibit 7 prior to Offer submission.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by DAS. DAS's approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror shall be required to 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, materials and goods.

ITB page 11 of 38

NOTE: THE DAS PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS APPROVED AND

REQUIRED TO BE USED FOR THIS ITB. The State of Oregon Performance Bond and Payment Bond form are Exhibit 3 and Exhibit 4, respectively.

The apparent successful Offeror shall provide all required bonding to the Department of Administrative Services within seven (7) calendar days of notification of award. Failure to present the required documents within seven (7) calendar days may be grounds for award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 CERTIFICATE OF PAY EQUITY TRAINING: This is a legislatively-mandated requirement effective January 1, 2016.

Prior to execution of the Contract, the apparent successful Offeror must submit to DAS within seven (7) calendar days of notification of intent to award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000. Information about obtaining the Certificate can be obtained at: http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

C.23.6 EXECUTION OF AGREEMENT FORM: Once all items required under Section C.3.23 have been received from the apparent successful Bidder and accepted by DAS, DAS will finalize and email the Public Improvement Agreement Form (see Exhibit 5) to the Bidder, which the Bidder shall sign and return by email as soon as possible, and within 7 business days of receipt. DAS will then sign the Public Improvement Agreement Form and email a fully-executed copy of it to the Bidder.

SECTION D - BID SECURITY REQUIREMENTS

D.1 Each Offer shall be accompanied by (submitted via upload in OregonBuys, except as provided in D.4) a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond payable to the Oregon Department of Administrative Services in an amount equal to ten percent (10%) of the total amount of the Offer (“Bid Security”). Upon request or demand by DAS, Bidder must immediately furnish the original of any Bid Security provided by electronic upload.

D.2 Bid security shall be furnished to DAS as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to notification of intent to award.

D.3 If Bid security is furnished by means of a Bid Bond, the State of Oregon Bid Bond form, provided as Exhibit 2, is the form approved and required to be used for this ITB.

D.4 If Bid security is furnished by means of a certified or cashier’s check, Bidder must notify the Single Point of Contact for submittal instructions. Bid security must be received by the Single Point of Contact before the Closing.

D.5 DAS may cash the check, draw under the letter of credit, or otherwise collect under the Bid Security, if any of the following occur:

D.5.1 Bidder fails to furnish a Performance Bond and a Payment Bond within the time specified in C.23.2, or D.5.2 Bidder fails to furnish certificates of insurance within the time specified in C.23.3, or D.5.3 Bidder fails to execute the Public Improvement Agreement form within the time specified in Section C.3.23.5.

SECTION E - BOLI PREVAILING WAGE RATE REQUIREMENTS

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2 and 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.

ITB page 12 of 38 http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

E.2 This ITB and the resulting Contract are subject to the following BOLI prevailing wage rate requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts July 1, 2021 Prevailing Wage Rate Book as amended by the August 1, 2021 Prevailing Wage Rate Amendments

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

E.3 The Work will take place in Clackamas County, Region 2 and Marion County, Region 3.

SECTION F - FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

(1) Pursuant to ORS 279C.370 and OAR 125-249-0360, Offerors are required to disclose information about certain first-tier subcontractors when DAS estimates the Contract value for a Public Improvement to be greater than $100,000. Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or via email within two (2) working hours after Closing:

(a) The subcontractor's name,

(b) Dollar value and,

(c) The category of work that the subcontractor would be performing.

If the Offeror will not be using any subcontractors that are subject to the above disclosure requirements, the Offeror is required to indicate "NONE" on the Disclosure Form.

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

INFORMATION BY THE STATED DEADLINE.

(2) An Offeror shall submit the disclosure form required by OAR 125-249-0360 either in its Offer submission or via email to the Purchaser/Single Point of Contact within two (2) working hours after Closing.

Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for Contract award.

(3) DAS shall obtain, and make available for public inspection, the disclosure forms required by OAR 125-249-0360. DAS shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. DAS is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors shall be made only in accordance with ORS 279C.585.

ITB page 13 of 38 https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: MILL CREEK WAREHOUSE RACKING PROJECT

BID #: S-10700-00000521 CLOSING: Date: ___ _______ Time: _____ _____

This form must be completed and submitted to DAS by the Offeror at the location specified in the Invitation to Bid within two working hours after the advertised Closing date and time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the subcontract.

Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

SUBCONTRACTOR NAME CATEGORY DOLLAR

OF WORK VALUE

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form submitted by (bidder name):__________________________________________________

Contact name: ______________________________ Phone no.:_________________________

ITB page 14 of 38

SECTION G - CCB REGISTRATION REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS /

JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

(1) Offerors shall be licensed with the State of Oregon CCB prior to bidding on Public Improvement Contracts. FAILURE

TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

(2) All subcontractors participating in the project shall be similarly registered with the Construction Contractors Board at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Offerors SHALL provide their Construction Contractors Board (ORS 701.055) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTS

An asbestos abatement license under ORS 468A.720 will not be required of the Contractor or its subcontractors.

G.3 JOINT VENTURE/PARTNERSHIP DISCLOSURE

The Offeror shall disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Offeror shall provide the name of the contact person for the partnership or joint venturer.

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENT

(1) DAS reserves the right to make changes to the Invitation to Bid prior to the Bid Opening Date by posting Addenda on the OregonBuys system. DAS is not responsible for a Bidder’s failure to receive notice of Addenda if posted in the foregoing manner. Addenda will only be issued by DAS and upon issuance are incorporated into the Invitation to Bid.

(2) By Offeror's signature in Section P it ACKNOWLEDGES, AGREES and CERTIFIES TO THE FOLLOWING:

If any Addenda are issued in connection with this ITB, Offeror completion of the blanks below identifies it has received and duly considered all Addenda issued, and acknowledges and agrees to the terms of all such Addenda as those terms revise the terms, conditions, Plans and Specifications of this ITB.

ADDENDA: No. to No. inclusive.

ITB page 15 of 38

SECTION I - RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES / ESB UTILIZATION

The State reserves the right, pursuant to ORS 279C.375(3) and OAR 125-249-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Offeror's responsibility to perform the Contract.

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