S-DASOBO-00016770-RFP.pdf

REQUEST FOR PROPOSALS (“RFP”)

State of Oregon, Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Oregon Department of Veteran’s Affairs, (“ODVA”)

ODVA Roseburg Veteran’s Home

RFP #: S-DASOBO-00016770

Construction Manager/General Contractor (“CM/GC”) Services

Proposals Due: November 19, 2026, at 2:00 PM Pacific Time (“PT”)

SINGLE POINT OF CONTACT (“SPC”): Megan Saunders Department of Administrative Services, State Procurement Services 1225 Ferry St. SE, Salem, OR 97301 Phone: 971-718-7411 Megan.Saunders@das.oregon.gov mailto:Megan.Saunders@das.oregon.gov

I. Introduction

TABLE OF CONTENTS

A. Request for Proposals Invitation B. Single Point of Contact (“SPC”) C. Mandatory Pre-Proposal Conference D. Definition of Terms E. Solicitation and Project Schedule

II. Project Information

A. Background B. Project Overview C. Project Approach D. Project Team E. Target GMP F. Applicable OARs and RFP Provisions

III. Services and Work to be Provided

A. Description of Services and Work B. Prevailing Wage Rates C. State Buy America Requirements D. Apprenticeship Requirements E. Special Requirements

IV. Proposal Information, Submission Procedures and Requirements

A. Requests For Clarification or Changes and Protests B. Oregon Public Records Law C. Binding Offer D. Cost of Proposals E. Proposals Property of DAS F. Modification Or Withdrawal of Proposal G. Closing and Public Opening of Proposals H. Substantial Compliance Required I. Proposal Submission and Content Requirements

V. Proposal Evaluation Process

A. General B. Responsiveness, Responsibility and Rejection of Proposals C. Evaluation Criteria D. Cost Proposal Scoring E. Competitive Range Selection F. Competitive Range Protests G. Interviews H. Notice of Intent to Award I. Protest Of Award J. Post-Selection Conference

VI. CM/GC Contract and Negotiations

A. Process B. Form of Contract C. Contract Information

VII. Reservation of Rights

RFP Attachments:

Attachment A – Proposer Representations and Certifications Form Attachment B – Certified Business Firm (“COBID”) Outreach Plan Attachment C – Cost Proposal Form

Attachment C-1 – Preconstruction Rate Schedule for CM/GC’s Team and Key Personnel Attachment C-2 – Cost for General Conditions Work Breakdown

Attachment D – Sample Construction Manager/General Contractor (“CM/GC”) Contract

Exhibit A State of Oregon General Conditions for Public Improvement Contracts (“General Conditions”)

Exhibit B Supplemental General Conditions Exhibit C GMP Amendment To CM/GC Contract Exhibit D Early Work Amendment To CM/GC Contract Exhibit E Cost for General Conditions Work Breakdown Exhibit F Preliminary Project Schedule Exhibit G Collaborative Project Delivery (“CPD”) Exhibit H Contract Closeout Compliance Checklist Exhibit I Performance Bond Form Exhibit J Payment Bond Form

Attachment E – Existing Drawings Attachment F – Project Schedule and Scope Attachment G – Small House Model Design Guide

I. INTRODUCTION

A. REQUEST FOR PROPOSALS INVITATION

The State of Oregon (the “State”), acting by and through its Department of Administrative Services (“DAS”), State Procurement Services (“DAS SPS”), on behalf of Oregon Department of Veteran’s Affairs (“ODVA”) (collectively, the “Owner”), through this Request for Proposals (“RFP”) requests Proposals from experienced construction manager/general contractor (“CM/GC”) firms for the CM/GC delivery of the Roseburg Veteran’s Home located on the existing Roseburg Veteran’s Affairs (“VA”) property in Roseburg, OR at 913 Northwest Garden Valley Blvd. Roseburg, OR 97471 (the “Project”), which will include preconstruction services (the “Preconstruction Services” or “Preconstruction Phase Services”), and renovation and construction services (the “Construction Services” or “Construction Phase Services”), and all related support services (collectively, the “Work”).

Interested CM/GC Proposers responding to this RFP will be evaluated based upon qualifications, relevant prior experience, proposed Project approach (including schedule and plan for completing the Work), costs and associated fees, and any other evaluation criteria identified in this RFP. All Proposers must be registered with the Oregon Construction Contractors Board (“CCB”) prior to submitting Proposals. Failure to register will be sufficient cause for DAS SPS to reject a Proposal as non-responsive, and for treatment of the Proposer as non-responsible.

The CM/GC contract (“CM/GC Contract” or “Contract”) with the selected CM/GC will be based on the sample contract attached to this RFP as Attachment D, which will initially authorize only performance of Preconstruction Phase Services. Construction Phase Services and other Work, if authorized, will be added through an Early Work Amendment or a Guaranteed Maximum Price

(“GMP”) Amendment. Alternatively, Owner may choose not to continue the CM/GC Contract beyond the Preconstruction Phase Services and reserves all rights to terminate the CM/GC Contract at any time, according to its terms.

The documents for this RFP (“RFP Documents”) consist of this RFP plus all attachments and all documents incorporated by reference into this RFP or into the attachments, plus any addenda to this

RFP.

Copies of the RFP Documents are available on the State of Oregon electronic procurement system OregonBuys (“OregonBuys”) located at http://oregonbuys.gov/. The RFP documents can be found under the "attachments" folder. All Proposers 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. Proposers are responsible for ensuring that their vendor information is current and correct in OregonBuys. The Owner shall not be responsible for defective registration or incorrect vendor information.

Modifications, if any, to this RFP will be made by Written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addendum has been issued. Addenda are incorporated into the RFP by this reference.

B. SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the cover page of this RFP, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP solely to the

SPC.

C. MANDATORY PRE-PROPOSAL CONFERENCE

1. A mandatory pre-proposal conference, or multiple pre-proposal conferences as described below, will be held on:

Date: September 30, 2026 Time: 11:00 AM Duration: approximately 1.5 hours Location: Building 16 Auditorium (please see additional instructions below) 913 NW Garden Valley Blvd. Roseburg, OR 97471.

Pre-Registration is not required.

Pre-Proposal attendance instructions: Proposers attending the Pre-Proposal meeting must check in at the campus Police Station (see map at the bottom of this section) before heading over to Building 16. A state-issued ID will be required for checking in at the Police Station. Parking is available in the lots as noted on the map. The spots are first-come, first-served.

2. Any statements made at the pre-proposal conference will not change this RFP document or other

Contract Documents, unless an Addendum has been issued from DAS SPS and advertised in OregonBuys identifying any such change.

The conference will allow Proposers the opportunity to tour the property, and review the Project with the Owner, Architect, Owner’s Authorized Representative, and other members of the Project Team, gain information about the Project site and a better understanding of the Work and the unique aspects of the Project, and request clarifications regarding solicitation process and documents.

No oral statements made at the pre-proposal conference will be binding on DAS SPS or ODVA http://oregonbuys.gov/ https://oregonbuys.gov/bso unless confirmed by written Addendum to this RFP.

PROPOSERS ARE REQUIRED TO ATTEND THE MANDATORY PREPROPOSAL

CONFERENCE(S), DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE.

PROPOSALS WILL ONLY BE EVALUATED FROM PROPOSERS WHO ATTENDED THE

MANDATORY PRE-PROPOSAL CONFERENCE(S), AND ALL OTHER PROPOSALS WILL

BE CONSIDERED NON-RESPONSIVE.

D. DEFINITION OF TERMS

Defined terms and acronyms used in this RFP are either defined within this RFP and the Sample CM/GC Contract (Attachment D), included in the State of Oregon General Conditions for Public Improvement Contracts (Exhibit A to Attachment D) or contained in Oregon Revised Statutes (“ORS”) 279A, 279C, or Oregon Administrative Rules (“OAR”) 137-046 or OAR 137-049.

CROSSWALK OF TERMS USED IN OREGONBUYS

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.

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, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order

(“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing

MBPO)

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

Release Requisition Any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

E. SOLICITATION AND PROJECT SCHEDULE:

The dates for this CM/GC procurement process and the target dates of design and construction milestones of the Project are set forth below. DAS SPS reserves the right to modify the solicitation schedule at any time, with appropriate notice to prospective Proposers. Required dates for other submittals and activities are specified elsewhere in this RFP:

SOLICITATION SCHEDULE DATE

Advertise RFP September 9, 2026 Mandatory Pre-Proposal Conference September 30 at 11 AM (PT) Due Date for Questions/Requests for Clarifications November 6, 2026 5 PM (PT) Due Date for Solicitation Protests November 6, 2026 5 PM (PT) Due Date for Submission of Proposals (“Closing”) November 19, 2026 at 2 PM (PT) Notice of Competitive Range December 18, 2026 Due Date for Protests of Competitive Range December 28, 2026 Interviews for Competitive Range Proposers January 7, 2027 Notice of Intent to Award January 11, 2027 Due Date for Protests of Award January 18, 2027 Contract Execution February 22, 2027

PROJECT MILESTONES TARGET DATE*

Begin Preconstruction Services March 2027 – December 2027 CM/GC GMP Proposal Negotiations December 2027 – February 2028 GMP Amendment Executed February 2028 Construction Phase Notice to Proceed February 2028** Substantial Completion February 2030 Final Completion April 2030

**Potential Early procurements or Early Work Amendments around August 2027 – December 2027.

II. PROJECT INFORMATION

A. BACKGROUND

ODVA is an agency of the State of Oregon that has been serving veterans and their families since 1945.

One of the programs ODVA administers is the Veterans’ Home program, which provides skilled nursing and memory care to some of Oregon’s most vulnerable veterans. In 1993 the Legislative Assembly authorized ODVA to provide nursing care to veterans and their spouses through an Oregon Veterans’ Home. In 1995 the Legislative Assembly authorized a second Oregon Veterans’ Home, and Oregon Revised Statute (ORS) 408.385 requires ODVA to establish a third Veterans’ Home in Roseburg.

The Oregon Veterans' Home in Roseburg, Oregon represents the State of Oregon's third veterans' home.

Established by Oregon Revised Statute 408.385, the Roseburg site was formally designated as the location for the third veterans' home during the 2011 Oregon Legislative Session. Once constructed, the project will deliver 154 single-occupancy skilled nursing beds across a purpose-built, small-house model campus on approximately 14 acres located adjacent to the Roseburg Veterans’ Affairs Health Care System campus. See Attachment G for more information on the Small House Model.

The project goals are:

• Successful Land transfer between the United States Department of Veterans Affair “USDVA” and

ODVA (14 acres)

• Successful wetland permitting process and mitigation

• Successful budget alignment with federal grant and state funding

• Successful Buy America Build America “BABA” compliance

• Successful coordination between ODVA Design and Veteran’s campus design

• Successful GMP meeting ODVA budget

• Successful construction site work and building phase

• Successful jurisdictional coordination with the City of Roseburg, Douglas County and USDVA

Veterans Affairs Medical Center (“VAMC”) campus projects

• Successful utility design and construction

• Ensure the design, construction, and budget all support providing the best possible care for residents.

• Implementation of as many federal small-house principles as possible

• Incorporation of sustainable features

B. PROJECT OVERVIEW

The Roseburg Veterans’ Home will be constructed on approximately 14 acres of property within the current USDVA Roseburg Veterans Hospital Campus in Roseburg, Oregon, with USDVA planning to transfer these 14 acres to ODVA for purposes of this Project. The Project is anticipated to be very similar to the Veterans’ Home located in Lebanon, Oregon which also involved wetland mitigation, and used the same small-home model.

The 14 acre project location was previously included in an overall USDVA campus NEPA study for adverse impacts to a variety of agencies, and there are two small wetlands on the property that have been delineated and will become part of a joint permit application for total fill through the Division of State Lands and Army Corps of Engineers.

The completed Project is planned to be approximately 125,000—135,000 square feet with capacity for 154 beds, patterned after the Lebanon Veterans’ Home.

ODVA has completed a significant amount of preliminary work on the Project. Key activities include submission of initial construction grant application to the USDVA State Home Construction Grant program;

procurement and selection of CBTWO Architects, LLC (“CBTWO”) to provide design and engineering services; and procurement and selection of Otak, Inc. to provide comprehensive project management services.

CBTWO has completed site layout and schematic design, schedule, and development of pro-forma operating financial statements, with the design currently in the Design Development phase.

Owner seeks a CM/GC with expertise and innovative approaches in: (a) managing and coordinating both design and construction; (b) implementing performance specifications; (c) providing Value Engineering (“VE”) and constructability reviews; (d) scheduling and estimating; (e) assessing risk; and

(f) providing a completed Project through a collaborative CM/GC delivery method.

The selected Proposer is expected to possess strong experience in the following areas:

1. Preconstruction services; to include but not limited to selective demolition for investigative work;

2. CM/GC construction services;

3. Developing Critical Path Method (“CPM”) schedules;

4. Accurate cost estimating utilizing Target Value Design methodologies;

5. Detailed VE analysis and life-cycle cost studies analyzing alternative designs;

6. Target Value Design strategies and nimble estimating;

7. Studying labor conditions, understanding construction methods and techniques;

8. Understanding local climate conditions and requirements for weather protection during construction;

9. Performing constructability reviews;

10. Sequencing of Work;

11. Coordinating and communicating the activities of the CM/GC’s team throughout the preconstruction and construction phases to all members of the Project Team;

12. Provide input on design technical scope such as circuiting, controls and integration with mechanical equipment;

13. Management of construction schedules and Project site logistics;

14. Management and coordination of Building Information Modeling (“BIM”) process and protocols;

15. Management of Certified Business Firm (“COBID”) programs and bidding procedures;

16. Involvement in development and execution of sustainable building practices;

17. Management, execution and development of Lean construction practices;

18. Leadership and management of a Collaborative Project Delivery (“CPD”) team;

19. Seismic upgrades and renovations, including required seismic bracing of equipment, systems, and other building elements;

20. Creating, and maintaining a collaborative and positive team environment; and

21. Understanding of Federal Build America, Buy America (BABA) regulations and requirements.

See also Attachment F – Project Schedule and Scope for additional Project information.

C. PROJECT APPROACH

ODVA will use Collaborative Project Delivery (“CPD”), a collaborative team approach, to manage all phases of the Project. CPD is a deeply collaborative process that enhances the integration of people, systems and processes, and harnesses the innovation and talents of project team members to eliminate waste and optimize Project outcomes and efficiencies through all phases of planning, design, procurement, construction and operations. See Attachment D, Exhibit G.

The CM/GC approach to the Project requires that all Project participants embrace the following principles of an integrated process for the management and execution of the Project:

1. Mutual respect and trust;

2. Mutual benefit and reward;

3. Collaborative innovation and decision making;

4. Early involvement of key participants;

5. Early goal definition;

6. Intensified planning;

7. Enhanced communications;

8. Open and transparent communication;

9. Appropriate technology;

10. High-performance organization and leadership;

11. Co-location of design and construction; and

12. CPD (Attachment D, Exhibit G)

D. PROJECT TEAM

1. Owner’s Authorized Representative – Troy Croff, Oregon Department of Veteran’s Affairs

2. Owner’s Consultant/Project Management Services Provider – Otak Inc., (collaborative

Project Management services on behalf of the Owner)

3. Architect – CBTWO Architects, LLC., (design and design support services)

4. Environmental Services – Apex Companies, LLC./PBS Engineering and Environmental, Inc.

5. Geotechnical Services – Terracon Consultants, Inc.

6. Special Inspections – (TBD)

7. Commissioning Agent - (TBD)

E. TARGET GMP

ODVA has a construction budget and target GMP of approximately $69,000,000 to $99,000,000. See Attachment D, Sample CM/GC Contract, Article 1, Section 1.22. for definition of GMP.

F. APPLICABLE OARs AND RFP PROVISIONS

1. Applicable OARs - In accordance with ORS 279C.335(2) and 279C.350, DAS SPS has chosen to exempt this procurement from the competitive bidding requirements of ORS 279C.335(1) and will conduct this procurement in accordance with ORS 279C.337, other applicable provisions of ORS 279A and 279C related to public improvement contracts, the Model Public Contract Rules adopted by the Oregon Attorney General under ORS 279A.065(3) (the “Model Rules”), OAR 137-049-0600 to 137-049-0690 and the provisions of OAR 137-046 and OAR 137-049 applicable to a public improvement contracts of the type addressed in this RFP.

The Project is subject to the requirements of an exemption from competitive bidding proceeding procurement (Exemption No. S-DASOBO-00017215) pursuant to ORS 279C.335(2) and issued by DAS as the public contract review authority for the State of Oregon (“State”). DAS must comply with the terms of that exemption in order to proceed with a RFP process and to award a CM/GC contract.

2. DAS SPS intends to enter into a CM/GC Contract with the highest-ranked Proposer at the conclusion of the selection process set forth in this RFP. This RFP and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and Chapter 137, Divisions 046 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice (see OAR 137-049-0600—0690). This RFP and resulting Contract may be subject to other laws and rules.

Proposers should obtain and become acquainted with the applicable provisions of the above laws and rules.

3. OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained online at:

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

4. OREGON DEPARTMENT OF JUSTICE MODEL RULES - (OAR Chapter 137, Divisions 046 and 049) - Can be obtained online at: https://secure.sos.state.or.us/oard/ruleSearch.action

III. SERVICES AND WORK TO BE PROVIDED

A. DESCRIPTION OF SERVICES AND WORK

The planned services and work under the resulting CM/GC contract provided by the selected CM/GC contractor will consist of preconstruction services (including Mechanical, Electrical and Plumbing

(“MEP”) design-assist, phasing, scheduling and budgeting support), value engineering (“VE”) services, demolition and preservation, equipment pre-purchasing, renovation and construction services, and all related support services needed to complete the Project (collectively, the “Work”).

Below is a general overview of the CM/GC services. Proposers should refer to Attachment D, Article 3 for a full description of the CM/GC services and Work.

The selected Proposer will be engaged during the Design Development and Construction Documents phase of design and will be expected to provide informed recommendations regarding detailed elements of the Project. Selected Proposer will be expected to:

• Provide ODVA and Architect with unique expertise and experience that will assist with selection of the most economical and timely construction solutions.

• Implement procedures to aggressively manage the construction costs, schedule, and phasing requirements, and minimize hazards related to the development of the Project site.

• Develop Project procedures to manage the high risks and critical need for effective partnering and collaborative decision-making processes to ensure jobsite safety.

• Develop and implement a sound strategy which addresses all existing site conditions and effectively maintain ongoing facility operations throughout the Project. Construction Work will always need to be carefully staged and coordinated to ensure safety of the public.

• Provide procurement and implementation strategies (as appropriate) for complex phasing of the Project to leverage early bid package(s), while allowing time for additional design solutions for later bid packages and coordination of Work activities in and around sensitive environmental conditions.

• Understand the Project’s budget limitations and the need to identify cost-effective solutions through constructability reviews, VE, and collaboration with stakeholders to meet budget constraints.

• Provide strategies to avoid price escalation through strategic bid packages.

• Provide description of demolition practices, procedures and schedule for Early Work Amendments as appropriate.

• Strategically plan for early procurement of long lead equipment and systems.

• Strategically plan for implementation of off-site right of way and utility work for the Project.

• Develop a construction strategy that maintains VA campus operations and coordinates with any simultaneous campus construction.

• Develop a strategy for wetland mitigation and large site work activities.

1. Preconstruction Phase Services. The selected CM/GC will participate in the Design Development and Construction Document phases of design as a member of the Project Team to plan, design and develop the Work in a cost-effective manner.

The CM/GC’s Preconstruction Phase Services are fully described in Attachment D, Sample CM/GC Contract, Article 3, Section 3.1.

2. Construction Phase Services. If the Construction Phase Services are authorized and the appropriate amendments are executed, CM/GC shall provide full general contracting services for the Project in accordance with the requirements of the Contract Documents, except when a work element is specifically indicated in the Contract Documents to be the responsibility of others. The CM/GC shall also provide CM services and shall closely coordinate such work with the Owner’s Authorized Representative, Owner’s Consultant, and Architect. Construction Phase Services are fully described in Attachment D, Sample CM/GC Contract, Article 3, Sections 3.2 and 3.3.

Construction Phase Services may include authorized Early Work, such as selective demolition for investigative work and pre-construction fences or other Early Work identified during

Preconstruction Phase Services.

B. PREVAILING WAGE RATES

For this Project, the provisions of ORS 279C.800 through 279C.870 shall apply. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that will apply to the CM/GC Contract are the rates that are in effect at the time the first Early Work Amendment is executed, or if there is no Early Work Amendment, then those prevailing wage rates that are in effect at the time the GMP Amendment is executed will apply. Once established, the prevailing wage rates are in effect for the remainder of the term of the CM/GC Contract. The prevailing wage rates that will apply will be those set forth in the then current version of the following BOLI booklet(s), together with any amendments or corrections: “PREVAILING WAGE RATES for Public Works Contracts in Oregon.” The Construction Services will take place in Marion County, Oregon, Region 2. See generally: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

C. STATE BUY AMERICA REQUIREMENTS

Pursuant to ORS 279C.303, as implemented under OAR 125-249-0170, steel, iron, coatings for steel and iron, and Manufactured Products purchased for or used in the Project, and that become part of a permanent structure, must be Produced in the United States.

D. APPRENTICESHIP REQUIREMENTS

This Project is subject to the Apprenticeship and Outreach, Recruitment and Retention Requirements set forth in ORS 279C.533. See Attachment D, Sample CM/GC Contract for the Apprenticeship Requirements and the Outreach, Recruitment, and Retention Requirements.

E. SPECIAL REQUIREMENTS

Proposers shall note the following requirements:

1. The Proposer shall provide a full description of items that make up the proposed GMP and submit a complete copy of any Early Work maximum, not-to-exceed price and the GMP cost estimates, including all details, to Owner and the Architect, as more particularly described in the Sample CM/GC Contract (See Attachment D).

2. The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075 for participation by disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses owned by veterans and emerging small businesses that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055 (“COBID Certified Business” or “Certified Business Firm”). COBID Certified Businesses must have an equal opportunity to participate in the performance of contracts financed with State funds.

The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075, each Proposer shall submit a COBID Certified Business Outreach Plan with the Proposer’s Proposal.

By submitting a Proposal, each Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against any subcontractor in awarding a subcontract because the subcontractor is a COBID Certified Business.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the Owner that the Proposer will take reasonable steps to ensure that COBID Certified Businesses are provided an equal opportunity to compete for and participate in the performance of any contract and/or subcontracts resulting from this procurement.

DAS SPS will not consider a Proposer’s COBID Certified Business Outreach Plan in selecting a CM/GC or score or evaluate the plan as part of an evaluation of a Proposal, but the COBID Certified Business Outreach Plan is a mandatory submittal under this RFP, and will become a contractual obligation of the successful CM/GC under any contract that results from this RFP.

3. Pay Equity Compliance. As required by ORS 279C.520, Proposer shall comply with

ORS.652.220 and shall not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Proposer’s compliance with this section constitutes a material element of this RFP and resulted CM/GC Contract and a failure to comply constitutes a breach that entitles the Owner to terminate the resulted CM/GC Contract for cause.

Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

The Proposer shall also have an unexpired certificate issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proposer understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Proposer employs 50 or more full time workers and submitted a Proposal for a procurement with an estimated contract price that exceeds $500,000.

IV. PROPOSAL INFORMATION, SUBMISSION PROCEDURES AND REQUIREMENTS

A. REQUESTS FOR CLARIFICATION OR CHANGES AND PROTESTS

Proposer may submit written requests for clarification or changes to or protest of a particular RFP provision or Contract terms and conditions. All protests and requests for clarification or change must be submitted to the SPC listed on the cover page of this RFP no later than deadlines specified in Section I.E of this RFP. The Proposer shall include the reasons for the protest or request and any proposed changes. DAS SPS will not consider any protests or requests for clarification or change submitted after the relevant deadline specified in Section I.E.

Submission of a protest by the above referenced deadline is the only opportunity for Proposers to protest procurement requirements, technical specifications or any Contract terms and conditions attached to this RFP.

If any Proposer takes exception to the technical specifications, Contract terms and conditions, or the procurement requirements of this solicitation in its Proposal, other than those addressed and revised by DAS SPS through written Addenda, the Proposal must be deemed non-responsive and rejected by DAS

SPS.

DAS SPS will respond to each properly submitted written request for clarification or change or protest.

Where appropriate, DAS SPS will issue revisions or clarifications via Addenda. Specifications, contractual terms, and procurement requirements can only be changed via formal Addenda issued by DAS SPS and posted in OregonBuys. Proposers are required to acknowledge receipt of all Addenda issued on Attachment A of this RFP (Proposer Representations and Certifications).

An issue that could have been, but was not, addressed by the Proposer pursuant to a request for clarification or protest will not be considered grounds for a Protest of Award.

B. OREGON PUBLIC RECORDS LAW

1. Public Inspection of Proposals. Proposals may be available for public inspection, subject to the Oregon Public Records Law, ORS 192.410 through 505, only after DAS SPS has issued the Notice of Intent to Award. DAS SPS reserves the right to publish or display publicly all exhibits in accordance with this Law.

2. Trade Secrets. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of the Proposal that Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable.

In such circumstances, DAS SPS will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

3. Grant of License. By submitting a Proposal in response to this RFP, Proposer grants the State of

Oregon a non-exclusive perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Proposal for the purpose of conducting this procurement and to fulfill the State of Oregon’s obligations under Oregon Public Record Laws.

4. State Immunity. The State shall not be liable for disclosure or release of information when authorized or required by applicable 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 646.473(3).

C. BINDING OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of ninety (90) Days from the Closing Date and Time specified on the cover page of this RFP (the “Closing”).

D. COST OF PROPOSALS

All costs incurred in preparing and submitting a Proposal and participating in interviews in response to this Solicitation, and all costs for protest shall be the responsibility of the Proposer and shall not be reimbursed by DAS. The State and the Owner shall not be liable for the Proposer’s costs or damages for filing the protest or to any participant in the protest, on any basis, express or implied.

E. PROPOSALS PROPERTY OF DAS.

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DAS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

F. MODIFICATION OR WITHDRAWAL OF PROPOSAL

If a Proposer wishes to withdraw a submitted Proposal, the Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Closing/Bid Opening Date and time specified in OregonBuys for this RFP. If a Proposer wishes to modify their Proposal they can do so by using the “Withdraw Quote” button and then resubmitting a new Proposal.

G. CLOSING AND PUBLIC OPENING OF PROPOSALS

Proposals will not be accepted after the Closing date/time stated on the cover page of this RFP or as may be extended by any subsequently issued Addenda.

Proposals will not be publicly opened.

H. SUBSTANTIAL COMPLIANCE REQUIRED

Incomplete Proposals and those not in substantial compliance with RFP requirements will be deemed non-responsive and will not be considered. Incomplete Proposals cannot be supplemented by submissions delivered or information provided after the RFP Closing date and time. However, DAS SPS may waive minor informalities and irregularities, and, in its sole discretion, may seek clarification of any response that DAS SPS deems necessary or advisable.

DAS SPS may reject as non-responsive any incomplete Proposals, Proposals not organized as required in this RFP, Proposals that do not include all of the information required or those that do not otherwise comply with the requirements specified in this RFP.

I. PROPOSAL SUBMISSION AND CONTENT REQUIREMENTS

1. Submission Requirements. Each Proposer’s submission in response to this RFP shall:

(a) Be submitted in the form of electronic file via OregonBuys (unless proposal-specific alternative has been approved by the SPC). To ensure proper identification and handling, electronic files/attachments shall be clearly marked “RFP # S-10700-XXX Proposal to Provide CM/GC Services for the ODVA Roseburg Veteran’s Home” and bear the Proposer’s name;

(b) Attachment C – Cost Proposal Form must be submitted as a separate electronic file via

OregonBuys (unless otherwise approved by the SPC) marked as “RFP # S-10700-XXX – Cost Proposal for the CM/GC Services for the ODVA Roseburg Veteran’s Home”;

(c) Be in a font no smaller than Times New Roman size 12 and Proposal Contents for Section

IV.K.2(f) Technical Proposal must not exceed 50 pages, including pictures or diagrams. File size must not exceed 25 mb. Proposal Representations and Certification Form, COBID Outreach Plan, Cost Proposal, Proposal Security, Letter from Proposer’s bonding company, resumes required by Section IV.K.2 (a) – (e), and section dividers are excluded from the page limit. If the Technical Proposal exceeds the page limit or total allowed file size, DAS SPS may consider the information on the first 50 pages, may decline to consider information beyond the 50th page, or decline to accept the Proposal in its entirety;

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

(e) For information on how to submit an electronic response to an RFP, please visit:

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

2. Proposal Contents. Each Proposer’s submission in response to this RFP must include the following information in the order listed below. Concise and direct responses are encouraged.

(a) Completed and executed Attachment A, Proposer Representations and Certifications

Form as the first page. Proposer is required to:

(i) identify whether the Proposer is an Oregon resident as defined in ORS 279A.120;

(ii) provide Construction Contractors Board (“CCB”) license number (no Proposal will be considered unless the Proposer is licensed pursuant to ORS 701.055 (1)); and

(iii) acknowledge any and all addenda by insertion of numbers of addenda.

The certification binds the Proposer to perform the services for the fees stated in their Proposal.

Failure to submit a signed Proposal Representation and Certification Form will result in rejection of the Proposal.

(b) Completed and signed Attachment B, Certified Business Firm (“COBID”) Outreach Plan.

(c) Completed Attachment C, Cost Proposal Form (Reference Attachment D). Proposer shall present a proposed fee for providing the CM/GC services in two parts:

(i) Preconstruction Phase Services: State the not-to-exceed Preconstruction Fee, including hourly rates for personnel who will be performing Preconstruction Phase Services and any other direct or reimbursable costs that will be included in Preconstruction Fee.

Preconstruction Phase Services are estimated to be a 5- month duration.

(ii) Construction Phase Services:

• CM/GC Fee: State the proposed CM/GC Fee as a percentage of the Cost of Work.

See Article 6, Section 6.3 of Attachment D, Sample CM/GC Contract.

• Insurance and Bonding Cost: State the Proposed Insurance and Bonding Cost as a percentage of the Cost of Work. See Article 6, Section 6.3. Provide a breakout of all insurance and bonding amounts included in the total percentage.

• General Conditions Work Cost: State the proposed monthly cost for reimbursable General Conditions Work (as defined in Attachment D, Sample CM/GC Contract, Article 8.

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

(d) Proposal security in the amount of 10% of the Proposed Not-to-Exceed Preconstruction Fee for the Project must be submitted with the Proposal. Proposal security must be in the form of a cashier's check, certified check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a Proposal bond.

(e) Letter from Proposer’s bonding company attesting to the capacity of providing 100% performance bond and 100% payment bond for the Project in the amount of the target GMP of $100M.

(f) Technical Proposal – Proposers shall submit a written Technical Proposal which addresses all of the following:

(i) Company Background:

• Provide a brief description of the Proposer’s history and its capabilities. Include annual volume gross revenue amounts for the past five (5) years, and current bonding capacity. Include a description of its ownership structure of the business, and year of formation.

• Provide a general description of the Proposer’s safety programs, as well as the Proposer’s most recent Workers Compensation Insurance experience modifier.

(ii) Similar Construction Project Experience

• Provide a listing, in chronological order and in chart format, of the Proposer’s most recent similar projects of $50 million or more completed in the last seven (7) years (provide a list of five (5) or more). Information on these projects must include the following:

o Name of the owner, contact person, and current phone number;

o The architect, contact person, and current phone number;

o Location of the project and completion date;

o A brief description of the Project;

o Amount of initial contract award or negotiated GMP (if applicable);

o Final contract amount and total dollar amount of change orders; and o Description of any claims or pending claims relating to any of the listed Projects that resulted in litigation or arbitration and the disposition of such claims against Proposer.

o Correlation of team proposed and relation to project experience examples.

• Provide detailed experience in managing construction of the listed projects.

(iii) Similar CM/GC Preconstruction and GMP Project Experience

Provide a description of the value you bring during preconstruction, specifically how you strategically plan for early procurement of long-lead equipment and systems, market bid planning, trade partner philosophy, early work amendment planning, value engineering, VAMC campus partner stakeholder engagement planning, off site and ROW utility planning as well as overall schedule shifts due to federal funding timing and BABA compliance experience.

Provide a listing of project experience with facilities for the public sector that involved the CM/GC delivery method and the GMP compensation method completed in the last seven (7) years. The listing should follow the format described in the previous section, but should include both the GMP award amount, and the final cost of the work. (If the Proposer’s experience in the public sector with CM/GC and GMP method projects is limited, experience with pure CM method projects, or CM/GC projects for the private sector may be listed. Please note after the project title for each such project if the project was for private sector or if the project utilized the CM method).

(iv) Qualifications of Proposed Personnel

• Provide an organization chart showing your proposed staff for this Project, including all professional staff in the following areas: Project executive oversight; project management administration; engineering and estimating; and onsite construction supervision. Contractor shall ensure that all on-site team members are reflected on the organizational chart.

• Include resumes for all individuals listed in the chart, with a maximum length of two pages for each resume. Indicate the proposed percentage of each person’s total workload that will be allocated to this Project during Preconstruction Phase Services, and during Construction Phase Services. The resumes must include each person’s length of tenure with the firm, education, work history and prior work experience with similar projects, including similar public sector CM/GC projects.

• For those individuals who are not full-time assigned to this Project, describe in narrative form how and when they will work on the Project, as well as which other project responsibilities will fill their time. Additionally, describe the prior experience, if any, of the team members working with each other on projects of similar scope (please be specific) and the role that each team member will fill for this Project.

• By listing individuals in the Proposal and stating a percentage of each individual’s work time that will be allocated to the Project, the Proposer guarantees that these individuals will be available to work on the Project for the percentages shown. The Proposer also guarantees that any individuals listed in the Proposal as having a 50 percent or greater work commitment to the Project will have their primary office location within 60 miles of the Project. ODVA reserves the right to approve or reject any changes to the proposed personnel. ODVA further reserves the right to request a substitution of personnel if ODVA determines that the substitution will be in the best interest of the State.

(v) Project Approach

• Describe the Proposer’s overall plan to complete the Project. Include an overview of project delivery, coordination with ODVA, approach to managing site conditions on an active campus with other simultaneous projects, and how the Proposer will ensure safety, schedule compliance, quality, communication, and stakeholder satisfaction.

• Discuss in detail the Proposer’s plan to complete the Preconstruction Phase

Services, identifying services and deliverables to the Owner. These services must include, but are not limited to:

• Reviewing the program and budget; providing feasibility recommendations and alternate design solutions.

• Constructability reviews, value engineering, scheduling, cost estimating, and evaluation of the bidding market.

• How the CM/GC will represent ODVA’s interests during this phase, including communication protocols, stakeholder coordination, conflict resolution, and management of differing opinions.

• How sustainable construction practices will be incorporated into preconstruction planning.

• How the Proposer will approach existing conditions, including early planning for traffic impacts, staging areas, and sensitive site conditions such as wetlands or major utility easements (if applicable).

• How technology (BIM if required later, project management platforms, paperless documentation, etc.) will be used to support ODVA’s objectives for budget, schedule, and quality.

• Discuss in detail Proposer’s plan to complete the Construction Phase Services, identifying services and deliverables. These must include:

• Developing bid packages, conducting bidding, scheduling construction work, managing construction, delivering reports, cost control, and providing high-quality customer service.

• How the CM/GC will maintain site safety and security throughout construction.

• How the Project Manager and Superintendent will function as site leaders, including daily oversight, communication expectations, and responsiveness.

• Methods for managing subcontractor performance, including addressing nonperformance or disputes.

• How vehicle and pedestrian traffic will be managed to respect ongoing operations, including parking, access, and staging areas.

• How the CM/GC will communicate with and minimize impacts to VA Campus staff, neighbors, and the local business community, including advance notice of impactful activities and methods for addressing concerns.

• Use of technology (construction management systems, digital reporting tools, etc.) to support safety, schedule tracking, budget control, and transparency.

• How sustainable construction practices will be implemented during construction.

• Experience and approach to specialized conditions such as wetland mitigation, environmental protection, and large utility easement coordination, if applicable.

• Describe Proposer’s approach to development of the GMP proposal, including compliance with the CM/GC Contract, the established…