S-DASOBO-00008606 ITB OYA Reg Generators_Final.v2.pdf

State of Oregon Invitation to Bid

OregonBuys Bid Number S-DASOBO-00008606

OREGON YOUTH AUTHORITY

REGIONAL GENERATOR UPGRADES

Bid Opening Date & Time (“Bid Opening Date”) December 12, 2023 at 2:00 PM (Pacific)

PURCHASER/SINGLE POINT OF CONTACT:

See “Purchaser” and “Info Contact” for this Invitation to Bid (“ITB”) in OregonBuys. This person is the only point of contact or “Single Point of Contact” (“SPC”) for this ITB. Any questions or issues that may arise regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues must be directed to the Purchaser/SPC:

Jordan Sim Jordan.R.Sim@das.oregon.gov 1225 Ferry St SE Salem OR 97301 971-375-5154

Notes:

• 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.0.4. – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

mailto:Jordan.R.Sim@das.oregon.gov https://oregonbuys.gov/bso/

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; 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 REQUIREMENTS

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS:

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

SECTION O 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

EXHIBIT 8 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B PLANS

ITB ATTACHMENTS: Attachments to this ITB are posted in OregonBuys. Bidder is responsible for completing and returning any page(s) in any Attachment(s) requiring a response.

SECTION B – DEFINITIONS

B.0 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.0.1 "Addendum” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 125-249-0250(2). The plural form of “Addendum” is “Addenda.”

B.0.2 "Agency" means the Oregon Youth Authority.

B.0.3 "Bid" (referred to as “Quote” in OregonBuys) 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".

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B.0.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

B.0.5 "Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.0.6 "DAS" means the Oregon Department of Administrative Services, acting through its Enterprise Goods and Services Division, Procurement Services.

B.0.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.0.8 "Opening" means the date/time set to read the Bid submittals.

B.0.9 OregonBuys means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/.

B.0.10 "Plan Center" means organizations and business locations where Bidders may view, download or purchase copies of all documents relating to the ITB.

B.0.11 “Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

B.0.12 "State" means the State of Oregon.

B.0.13 “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.

SECTION C - GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO

OFFERORS

C.0 GENERAL BIDDING INFORMATION; OREGONBUYS

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.

C.0.1 SUBMITTALS VIA OREGONBUYS.

Bidder must be a registered Vendor in OregonBuys (see Section C.0.4.1).

Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

Bidder shall complete and submit via OregonBuys the items identified in section C.4.4 of this ITB, in accordance with all instructions in this ITB, no later than the Bid Opening Date specified in OregonBuys for this ITB (submittals by any other means shall be rejected).

C.0.3 ELECTRONIC BID PROVISIONS

C.0.3.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes

C.0.3.2. DAS reserves the right to reject any Bid that is unreadable.

DAS reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to DAS, to confirm the apparent successful Bidder’s Bid submitted through OregonBuys.C.0.3.3. In the event of a failure of the State’s Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, DAS may cancel the procurement or may extend the date

S-DASOBO-00008606 OYA Regional Generator Replacement Page 3 of 72 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.0.3.5. By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with DAS that any Signature, and other forms of authorized representative certification, showing on documents and submitted via OregonBuys or email is an “Electronic Signature” under ORS Chapter 84, bind the signing party, and are intended to be and can be relied upon by the parties.

C.0.4. OREGONBUYS

C.0.4.1 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 and Agency shall not be responsible for defective registration or incorrect vendor information.

C.0.4.2 CROSSWALK of TERMS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110(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 125-246-0110(25). In OregonBuys it is the date and time deadline for submitting Bids and other documents required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 125-246-0110(98) will immediately occur.

Bid Solicitation Any form of solicitation. In this solicitation, an Invitation to Bid. Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal amendment to an existing resulting contract that is made according to the change order process set forth in the contract.

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.0.4.3 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:

• Details entered in the Header Information section;

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

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

C.0.5 GENERAL BIDDING INFORMATION

C.0.5.1 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Bidders should contact the Purchaser identified in OregonBuys for this ITB if they are unable to access solicitation documents via OregonBuys.

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

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C.0.6 ITB PURPOSE; PROJECT COST ESTIMATE; KEY PROJECT DATES; GENERAL PROJECT DESCRIPTION

ITB PURPOSE:

The purpose of this ITB is to solicitate for all work associated the removal and replacement of generators at the following OYA locations:

• Rogue Valley Youth Correctional Facility (“RVYC”) 2001 NE F Street Grants Pass, OR 97526

• Eastern Oregon Youth Correctional Facility (“EOYCF”) 1800 W Monroe Street Burns, OR 97720

• Oak Creek Youth Correctional Facility (“OCYCF”) 4400 Lochner Road SE Albany, OR 97322

The work performed under this Contract includes all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction Work in connection with the Project described in the Contract Documents, including, but not limited to, Attachment A - Specifications and Attachment B – Plans.

PROJECT COST ESTIMATE:

The following range is a Project estimate for bonding purposes: $1,500,000.00 to $2,750,000.00

KEY PROJECT DATES:

PROJECT START DATE: within 7 calendar day of issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: within 455 calendar days of issuance of Notice to Proceed.

FINAL COMPLETION: within 485 calendar days of issuance of Notice to Proceed.

GENERAL PROJECT DESCRIPTION The scope of the Project includes, but may not be limited to, the following:

1. Select demolition.

2. Electrical construction associated with replacement of generators at RVYC, EOYCF, and OCYCF.

3. Mechanical construction associated with replacement of generators at RVYC, EOYCF, and OCYCF.

4. Building construction associated with replacement of generators at RVYC, EOYCF, and OCYCF.

5. Roofing construction associated with replacement of generators at RVYC, EOYCF, and OCYCF.

C.1 INSTRUCTIONS TO OFFERORS

C.1.0 MANDATORY PRE-BID CONFERENCE (POST COVID):

C.1.0.1 A mandatory pre-bid conference will be held on November 30, 2023 at 1:00PM (Pacific), located at Oak Creek Youth Correctional Facility, 4400 Lochner Road SE, Albany, OR 97322.

C.1.0.2 Any statements made at this conference will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB unless an Addendum has been issued from DAS and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-

RESPONSIVE.

C.1.0.3 SITE ACCESS: Additional site access will not be provided to allow Bidders access to the site.

C.1.1 POINT(S) OF CONTACT:

C.1.1.1 The Purchaser/SPC for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Jordan Sim at 971-375-5154, and e-mail jordan.r.sim@das.oregon.gov.

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C.1.1.2 The contact point for requests for brand approval, or substitution requests is Jordan Sim at 971-375-5154, and e-mail jordan.r.sim@das.oregon.gov.

C.1.2 RESERVED

C.1.3 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.3.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on OregonBuys as part of the solicitation document and will not be mailed to prospective Offerors. Offerors without access to OregonBuys may order hardcopies at a Plan Center.

C.1.3.2 ATTACHMENTS: In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys.

In these cases, the solicitation will include instructions on how to obtain these documents.

C.1.3.3 HARD COPY DOCUMENT FEES & DELIVERY: Offerors may order hardcopies of the ITB, Addenda and most attachments from the Plan Centers listed in Section C.1.5. Additional Plan Centers or other vendors may make hardcopy documents available, but DAS is not responsible for which Plan Centers and vendors will participate. Offerors who obtain documents through Plan Centers or other vendors are responsible for ensuring they have all addenda. Costs for these documents and any associated delivery costs are as quoted by the Plan Center or vendor selected by the Offeror. All costs of these documents are at Offeror’s expense. Terms of payment are as stipulated by the Plan Center or vendor and are not regulated by the State. DAS is not responsible for Plan Center or vendor customer services policies.

C.1.3.4 ADDENDA: Addenda (“Amendments” in OregonBuys) are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Offerors should consult the OregonBuys System regularly until the Bid Opening Date to avoid missing any Addenda.

C.1.4 BID HOLDERS LIST:

To be included on the Bid Holders List, interested parties must be registered on OregonBuys. Suppliers can register in Oregon Buys at: OregonBuys.gov

Interested parties included on the Bid Holders List have downloaded and acknowledged the Bid. Interested parties who have registered their company on OregonBuys are responsible for maintaining and updating correct company information.

The State of Oregon assumes no responsibility for the content of the interested parties’ information on OregonBuys.

C.1.5 PLAN CENTERS:

The ITB document, Plans, Specifications, and any other solicitation documents may be examined by appointment at the Department of Administrative Services, 1225 Ferry Street SE, Salem, Oregon 97301 or at a Plan Center noted below:

NOTE: OFFERORS WHO OBTAIN ITB DOCUMENTS, PLANS AND SPECIFICATIONS FROM PLAN CENTERS WILL NOT APPEAR ON THE BID HOLDERS LIST. See Section C.1.4.

REGIONS 1 & 2

Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland OR 97205

Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210

OAME, 4134 N. Vancouver Ave Portland, OR 97217

Oregon Contractor Plan Center, 14625 SE 82nd Dr., Clackamas, OR 97015

Salem Contractors Exchange, 2256 Judson Street SE, Salem, OR 97302

Willamette Valley Bid Center 32054 Old Hwy 34, PO Box 440 Tangent, Or. 97389

OR - REGION 3

Bay Area Plan Exchange, 2744 Woodland Dr., PO Box 122, Coos Bay, OR 97420

Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland OR 97205

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Douglas County Plan Center, 3076 NE Diamond Lake Blvd, Roseburg, OR 97470

Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402

OAME, 4134 N. Vancouver Ave Portland, OR 97217

Klamath Builders Exchange, 724 Main St., Rm. 214, Klamath Falls, OR 97601

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210

Medford Builder's Exchange, 701 E. Jackson St., Medford, OR 97504

Oregon Contractor Plan Center, 14625 SE 82nd Dr., Clackamas, OR 97015

Salem Contractors Exchange, 2256 Judson Street SE, Salem, OR 97302

Willamette Valley Bid Center 32054 Old Hwy 34, PO Box 440 Tangent, OR 97389

OR - REGION 5

Baker County Chamber & Visitors Center, 490 Campbell St., Baker City, OR 97814

Central Oregon Builders Exchange, 1902 NE 4th St. Bend, OR. 97701

Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland, OR 97205

Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402

Hermiston Plan Center, 1565 N. 1st Street, Suite 8A, Hermiston, OR 97838

La Grande-Union County Chamber of Commerce, Plan Review Center, 102 Elm Street, La Grande, OR 97850

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210

OAME, 4134 N. Vancouver Ave Portland, OR 97217

Oregon Contractor Plan Center, 14625 E 82nd Dr. 212, Clackamas, OR 97015

Walla Walla Blue Mountain Plan Center, P.O. Box 644, Walla Walla, WA 99362

Wallowa Resources, PO Box 274, 114 NW 1St, Enterprise, OR 97828

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 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 online at:

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

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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 online 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, which are incorporated herein by this reference. See Exhibit 6.

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 during 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".

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.”

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 FOR MODIFICATION OF ITB PROVISIONS AND SOLICITATION PROTESTS: Requests for brand approval, requests for substitution, requests for clarification, requests for change, and protests of the ITB provisions shall be made in Writing and marked as follows:

Bid Request for:

Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest of ITB Provisions

ITB Number Bid Opening Date and must be received by the appropriate point of contact as identified in Section C.1.1 and in OregonBuys by 1:00 P.M.

(Pacific time) on December 5, 2023. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Offerors shall provide that product unless another is approved through a request for approval of an

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"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 and be submitted via email or OregonBuys to the name of the Point of Contact under C.1.1.2 of the ITB document. To be considered, the request for changes must be received by the deadline specified in C.2.2.

• Requests shall provide all the information necessary for the State to determine product acceptability, including and if applicable referencing the applicable Specification section;

• 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.2.4 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 Writing, via email or OregonBuys to the contact point listed in Section C.1.1.1. To be considered, the request for clarification must be received by the Purchaser/SPC by the deadline specified in Section C.2.2.

C.2.5 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 Writing via email or OregonBuys, to the contact point listed in Section C.1.1.1. To be considered, the request for changes must be received by the Purchaser/SPC by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 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 Writing via email or OregonBuys, to the contact point listed in Section C.1.1.1. To be considered, the protest must be received by the Purchaser/SPC by the deadline specified in Section 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.2.7 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.2.8 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.

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.

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.

C.3 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF ADDENDA

Requests for clarification, requests for change, and protests of Addenda must be received by the time and date specified in the Addendum or they will not be considered. DAS will not consider requests or protests of matters not added or modified each specific Addendum.

C.4 OFFER FORMAT

C.4.1 SIGNATURE REQUIRED: All Offer documents requiring Signature must be signed by an authorized representative of the Offeror. The Offer documents received by DAS may contain “Electronic Signatures” within the meaning of ORS

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Chapter 84, and these “Electronic Signatures” shall bind the signing Party and are intended to be and can be relied upon by DAS. DAS reserves the right at any time to require the submission of the hard copy originals of any documents included in an Offer.

C.4.2 IN WRITING – OFFERS AND PRICING: Offers and pricing information shall be prepared by typewriter, handwritten in ink or by computer, but must include the Signature of an authorized representative of the Offeror. No oral, telephone, e-mail or facsimile Bids will be accepted—unless specifically authorized by the SPC. Bids must be submitted through the OregonBuys system, as described in more detail in Section C.0 of this ITB.

C.4.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Offeror submits that is not required to be included on forms prescribed by DAS shall be formatted in the manner called for in this ITB and submitted on Offeror's letterhead.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE OFFER: The items listed below in this section shall be submitted electronically via OregonBuys or the Offer shall be found to be non-responsive and rejected.

The following must be submitted via OregonBuys prior to the Bid Opening Date:

Pricing Submittal Form, Exhibit 1;

Bid Security Requirements as per Section D and Exhibit 2;

CCB Registration Requirements; Asbestos Abatement Licensing Requirements, & Joint Venture - Partnership

Declaration, Section G;

Addenda Acknowledgement, if required, 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 O;

Addenda (If required)

The following shall be submitted via OregonBuys, either with the Bid submission or within two (2) working hours after the Bid Opening Date, as more particularly described in Section C.7.2:

First-Tier Subcontractor Disclosure Form, Section F

C.4.5 BID MODIFICATION PRIOR TO THE BID OPENING DATE: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed in ink by the person signing the Offer. Offers, once submitted, may be modified in Writing before the Bid Opening Date. Modifications made after Offer submission shall be prepared on Offeror's letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Offer.

Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Failure to comply with the provisions of this paragraph of Section C.4.5 will result in Bid rejection.

C.4.5.1 Nothing in Section C.4.5 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.4.5.2 Offerors may not modify Offers after the Bid Opening Date.

C.5 OFFER SUBMISSION

C.5.1 SEALED ELECTRONIC FILE VIA OREGONBUYS: Offers must be submitted in a sealed electronic file via OregonBuys (unless a bid-specific alternative has been approved by the SPC). To ensure proper identification and handling, electronic files/attachments shall be clearly identified with the OregonBuys Bid Number.

DAS shall not be responsible for and will not accept late or mis-delivered Bids, protests, or other submittals. DAS is not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. DAS shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.5.2 NUMBER OF COPIES; SIGNATURE REQUIRED: Offerors shall submit only one (1) complete Offer. The Offer must bear an original Signature. Failure to submit an Offer bearing an original Signature may result in rejection of the Bid.

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C.5.3. For information on how to submit an electronic response to an opportunity, please visit:

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

C.6 OFFER WITHDRAWALS PRIOR TO THE BID OPENING DATE

C.6.1 If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/”Bid Opening Date” and time specified in OregonBuys for this ITB (unless the SPC has approved an alternative method for submitting a bid, in which case the same method must be used for withdrawal of a submitted Bid).

C.7 BIDS RECEIVED; BID OPENING; FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM SUBMITTAL

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

C.7.2 PUBLIC BID OPENING: The public Bid Opening will occur immediately following the Bid Opening Date, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Bid Opening. Award decisions will not be made at the public Bid Opening.

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

A Microsoft Teams meeting will be held at 2:00 PM for the Bid Opening following the specific time included in the Bid Opening Date. Be sure to have MS Teams access available on your computer or mobile phone and follow the following link (Click here to join the meeting), or via telephone at (1-503-446-4951), using PIN # 299 878 109 706.

C.7.3 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM:

First-Tier Subcontractor Disclosure forms not included in the Bid Submission must be returned via OregonBuys within two working hours after the Bid Opening Date, or via e-mail within two working hours after the Bid Opening Date directed to the SPC, if these disclosure forms cannot be submitted via OregonBuys. Failure to comply with this First-Tier Subcontractor Disclosure requirement will result in rejection of the Bid 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 Bid Opening Date.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

DAS may request, orally or in Writing, that Offeror 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 METHOD OF AWARD

The responsiveness of Bids and responsibility of Offerors and of their proposed subcontractors will be considered in making the award.

C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID and ALTERNATES selected for award. The State reserves the right to award any or all ALTERNATES listed, and to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

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Offers not in substantial compliance with ITB requirements cannot be considered and cannot be supplemented by submissions delivered after the Bid Opening Date (with the exception of First-Tier Subcontractor Disclosure Forms submitted within 2 working hours of the Bid Opening Date). However, DAS may waive minor informalities as described in OAR 137-049-0350, and DAS may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 OFFER EVALUATION CRITERIA

Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Offeror and not otherwise disqualified. (Refer to OAR 125-249-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments shall operate to amend Offeror's Offer or any Contract awarded pursuant thereto.

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.

As a particular matter of responsiveness Bidder shall not make the Bid contingent upon DAS or the Agency’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB

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 products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, 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 Offeror is from a state that grants a ten (10) percent preference to local Offerors, DAS will add ten (10) percent to that Offeror's Offer price (OAR 125-246-0300, 125-246-0310, and 125-249-0390).

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 LIQUIDATED AND DELINQUENT DEBT: DAS may reject a particular Offer if an Offeror has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.16.3 REJECTION OF PARTICULAR OFFERS: DAS may reject a particular Offer for any of the reasons listed under OAR 125-249-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

DAS reserves the right to announce its intent to award prior to formal Contract award by letter posted on the OregonBuys System("Intent-to-Award Announcement"), pursuant to ORS 279C.375. The Intent-to-Award Announcement shall serve as notice to all Offerors that DAS intends to make an award.

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C.18 PROTEST OF INTENT TO AWARD

Adversely-affected or aggrieved Offerors shall have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to submit in Writing a protest to the Purchaser/SPC. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.18.1 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.18.2 An actual Offeror who is adversely affected or aggrieved by the award of the Contract to another Offeror may protest award, in Writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

DAS will respond in writing 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 through other parallel arrangements, and as otherwise prescribed by applicable legal requirements.

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 five (5) calendar days of notification of intent to award. Failure to present the required documents within the five (5) 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 General Conditions and 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.

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.

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The apparent successful Offeror shall provide all required bonding to the Department of Administrative Services within ten

(10) calendar days of notification of award. Failure to present the required documents within ten (10) 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: 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.

SECTION D - BID SECURITY REQUIREMENTS

D.0 Each Offer shall be accompanied by 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.

D.1 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.2 If the Bidder fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, and (3) furnish certificates of insurance within the time specified in the written notification of intent to award a Contract, then DAS may cash the check, draw under the letter of credit, or otherwise collect under the Bid security, pursuant to ORS 279C.385.

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 and submitted via upload in OregonBuys.

D.4 Each Bidder must provide a fully-executed electronic copy of the bid security with the Offer (whether in the form of a certified check, cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond). Within five (5) business days of the Bid Opening Date, each Bidder must deliver the original bid security document to DAS, in order for the Bidder’s Offer to be responsive to this ITB.

SECTION E - BOLI PREVAILING WAGE RATE REQUIREMENTS

E.0 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.

E.1 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, and is available at the following web link:

Prevailing Wage Rates for Public Works Contracts in Oregon, issued July 5, 2023, as amended on October 5, 2023.

Prevailing Wage Apprenticeship Rates for Public Works Contracts in Oregon, issued July 5, 2023, as amended on October 5, 2023.

These BOLI wage rates are available on line at:

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

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Because the project involves federal funds, this ITB and the resulting Contract are subject to federal Davis-Bacon Act and Related Acts requirements, in…