ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 1

State of Oregon Invitation to Bid

OREGON EMPLOYMENT DEPARTMENT LED LIGHTING UPGRADE PROJECT

BID # S-DASOBO-00017609

Oregon Department of Administrative Services State Procurement Services

On behalf of

Oregon Employment Department

This Invitation to Bid (“ITB”) is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB Section C.1 – OREGONBUYS / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

This document must be viewed electronically 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 listed in the OregonBuys system may contact the Purchaser/Single Point of Contact (“SPC”) (see Section A.2) for alternative formats and any reasonable accommodations that might be needed.

This ITB and any resulting Contract are subject to the federal requirements (see Attachment D-

6) including Equal Employment Opportunity, Davis-Bacon Act, Copeland “Anti-Kickback” Act, Contract Work Hours and Safety Standards Act, Clean Air Act and Federal Water Pollution Control Act, Debarment and Suspension (Executive Orders 12459 and 12689), Byrd Anti- Lobbying Amendment, and federal Build America and Buy America Act (“BABAA”) and the State Buy America requirements, pursuant to ORS 279C.303 and OAR 125-249-0170 (See ITB Section C.2.5).

https://oregonbuys.gov/bso/

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 2

TABLE OF CONTENTS

SECTION A PROJECT AND SOLICITATION SUMMARY

SECTION B DEFINITIONS

SECTION C INSTRUCTIONS TO BIDDERS

SECTION D AWARD

ATTACHMENT A BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

• FORM A-3: BID SECURITY FORM

• FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

ATTACHMENT B TECHNICAL SPECIFICATIONS: PROJECT MANUAL FOR OREGON

EMPLOYMENT DEPARTMENT LIGHTING UPGRADE PROJECT dated 04/30/2026 prepared by Studio 3 Architecture, Inc.

Attachment B is found as one (1) separate upload on OregonBuys.

ATTACHMENT C PLANS AND DRAWINGS: OREGON EMPLOYMENT DEPARTMENT (SALEM,

ALBANY, KLAMATH FALLS) dated 04/10/2026 prepared by MKE & Associates, Inc.

Attachment C is found as three (3) separate uploads on OregonBuys.

• ATTACHMENT C-1: OREGON EMPLOYMENT DEPARTMENT

SALEM OFFICE

• ATTACHMENT C-2: OREGON EMPLOYMENT DEPARTMENT

ALBANY OFFICE

• ATTACHMENT C-3: OREGON EMPLOYMENT DEPARTMENT

KLAMATH FALLS OFFICE

ATTACHMENT D SAMPLE PUBLIC IMPROVEMENT CONTRACT, FORMS AND EXHIBITS

• ATTACHMENT D-1: SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

• ATTACHMENT D-2: PERFORMANCE BOND FORM

• ATTACHMENT D-3: PAYMENT BOND FORM

• ATTACHMENT D-4: GENERAL CONDITIONS, SUPPLEMENTAL GENERAL

CONDITIONS, AND CONTRACT CLOSEOUT

COMPLIANCE CHECKLIST

• ATTACHMENT D-5: INSURANCE REQUIREMENTS

• ATTACHMENT D-6: FEDERAL REQUIREMENTS

ATTACHMENT E ADDITIONAL PROJECT REQUIREMENTS

• ATTACHMENT E-1 COMPREHENSIVE ASBESTOS SURVEY & LEAD

BASE PAINT INSPECTION – WORKSOURCE SALEM, dated 02/26/2026 prepared by G2 Consultants

• ATTACHMENT E-2: COMPREHENSIVE ASBESTOS SURVEY & LEAD

BASE PAINT INSPECTION – WORKSOURCE ALBANY, dated 02/12/2026 prepared by G2 Consultants

• ATTACHMENT E-3: COMPREHENSIVE ASBESTOS SURVEY & LEAD

BASE PAINT INSPECTION – WORKSOURCE KLAMATH FALLS, dated 02/20/2026 prepared by G2 Consultants

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 3

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the Oregon Employment Department LED Lighting Upgrade Project (the “Project”) for the benefit of the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Oregon Employment Department (“OED” or “Agency”) (the “Contract”). The work to be 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 in strict accordance with the Contract Documents, including, but not limited to Attachment B—Technical Specifications and Attachment C—Plans and Drawings (the “Work”).

The Work, includes, but is not limited to:

1. Provide complete and operable system that will ensure all lighting fixtures are upgraded to LED with Web Accessed Control systems as detailed in the Attachments B and C, and operable with previous OED LED lighting projects.

a. All fixtures installed will be mapped and labeled within the system to provide ease of use in identification and mapped to the applicable area.

b. Fixtures will be scheduled to reflect operating hours of the site ensuring energy efficiency.

i. Additional groups of light fixtures shall be made to turn on minimal lights after hours to provide adequate night light for after-hours access.

1) These groups shall alternate fixtures utilized to distribute operational hours on fixture.

c. Any fixtures or energy consuming device installed without a standardized integration to the web accessed control shall be modified to fully function with the control system and operational through the web interface.

i. Including all exterior lighting

2. All penetrations shall be sealed as appropriate for weathertightness, limit flame spread, air sealing, etc.

a. Any removal requiring patching shall be painted to match existing and create a seamless surface.

3. Fixtures to be replaced 1 for 1 unless detailed otherwise utilizing existing circuitry.

4. All non-utilized wiring will be removed to the furthest extent possible without further demolition of the area.

a. All panels and fixtures shall be labeled consistently with their location and use.

b. Panels shall be labeled with a polycarbonate sign with engraved letters on a contrasted background identifying the panel and series.

c. Wiring shall be completed to industry standards and code, ensuring panels and related work are fully operational and functioning safely.

5. Light switches shall be removed, leaving a minimum of one per room or at each entrance as applicable with removed switches blanked off.

a. All switches for main public floor space(s) will be placed under a locking cover to prevent incidental power changes. At a location determined by the Project manager and contractor.

6. Contractor shall recycle all fixtures to the maximum extent possible and ensure that remaining items are disposed of in accordance with the law.

a. OED shall retain all functional fluorescent bulbs. Contractor shall package these in adequate material allowing safe transportation and storage.

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 4

7. All work shall be completed to minimize disturbance and demolition activities

a. Work in occupied areas must be conducted outside of normal business hours. Normal business hours for the location are 8:00 am to 5:00 pm, Monday through Friday.

b. The work hours should be overnight from 4:00 PM to 12:00 AM on weekdays and extended as needed on weekends.

i.This Project requires project clean-up at the end of each shift to maintain hazard-free environment during the WorkSource Office business hours from 8:00 AM to 5:00 PM open to the public.

ii. Work can be performed in certain project areas (unstaffed areas, maintenance room, etc.) during the business hours if approved by Owner during the Project scheduling..

c. Installation shall be done at 1 Project Site at a time, unless determined otherwise on a case by OED on a case-by-case basis.

8. Surge Suppression system

a. Each site shall have either a building-wide Surge suppression device or such device shall be installed at each panel at contractors determination, in accordance with lighting manufacturers requirements.

9. Panel cover locks rekey/replace all panel cover locks so that one key operates each cover at each site with a master key that operates all sites panels.

10. Each site is known to contain Asbestos’s Containing Materials (ACM) and Lead Based Paint (LBP), please refer to the applicable ACM & LBP reports provided as Attachments E-1, E-2, and E-3. If material is disturbed contractor is responsible for abatement of disturbed materials in accordance with State, Federal, Local, Laws, and Regulations

11. All fixtures at locations will be installed with the control interface patch panel in the Data Closet.

Provide a temporary network interface for all programming and installation needs. At final completion contractor will transfer the system to an OED Switch and update any programming as required for full operation.

12. Project Sites

a. Salem WorkSource: Complete work as specified and detailed in Attachments B and C.

b. Albany WorkSource: Complete work as specified and detailed in Attachments B and C.

c. Klamath Falls WorkSource: Complete work as specified and detailed in Attachments B and

C.

Alternates

1. Alternate 1: All exit lights to be replaced with Self Diagnostic Testing and Reporting capable device Such as Lithonia LHQ exit lights with STAR (Self-Testing Automated Reporting) Contractor to submit spec sheet of proposed replacement(s).

2. Alternate 2:Contractor will conduct site walk prior to start of work to document existing conditions.

Contractor will replace if requested noted ceiling tiles at a piece per tile rate. After work commences contractor is responsible for replacement of any damaged or broken ceiling tile as a result of work conducted and not previously noted.

An asbestos abatement license under Oregon Revised Statute (“ORS”) 468A.720 is required of the Contractor or its subcontractors.

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 5

A.2 SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”)

Any questions or issues that may arise regarding the ITB and its attachments, bidding process, change, clarification, award process, protests, and any other issues must be directed to the SPC identified below:

Nameun House Nameun.House@das.oregon.gov 155 Cottage Street NE #90 Salem, Oregon 97301-3972

(503) 910-9462

Note: OregonBuys refers to SPC as “Purchaser”.

A.3 SOLICITATION SCHEDULE

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Standard Time (“PST”).

ACTIVITY SCHEDULE/DEADLINE

Mandatory Pre-Bid Conference See ITB Section A.10.

Deadline for solicitation protests, requests for change, requests for clarification, requests for approval of equivalents, and questions

August 24, 2026 at 2:00 PM

Deadline for Bid Submittal (“Closing”) September 3, 2026 at 2:00 PM

Public Opening Immediately after Bid Opening Date and time. (See “Public Opening” below for details on attending Public Opening)

Deadline for Award Protest 7 calendar days after issuance of the Notice of Intent to Award. See ITB Section D.4

A.4 PROJECT SITES

• Salem WorkSource Office located at 605 Cottage St NE, Salem, Oregon

• Albany WorkSource Office located at 139 4th Avenue SE, Albany, Oregon

• Klamath Falls WorkSource Office located at 801 Oak Avenue, Klamath Falls, Oregon

These project sites are State-owned public building. Criminal record checks (“CRC”) will be required (see also Attachment D-1). Aerosolizing, smoking or vaporizing when on the site is prohibited (see ORS 433.845).

A.5 SITE ACCESS

Site access will be available for prospective Bidders for a limited duration as follows:

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 6

• Salem WorkSource Office on 08/18/2026 after the Salem WorkSource Office Mandatory Pre- Bid, between 10:00 AM and 4:00 PM;

• Albany WorkSource Office on 08/19/2026 after the Albany WorkSource Office Mandatory Pre- Bid, between 10:00 AM and 4:00 PM; and

• Klamath Falls WorkSource Office on 08/20/2026 after the Klamath Falls WorkSource Office Mandatory Pre-Bid, between 10:00 AM and 4:00 PM to prevent inadvertent interruption during the business hours and to allow Bidders to make observations at the site and submit questions to SPC before the deadline for questions ends.

THIS ADDITIONAL SITE ACCESS WILL NOT SUBSTITUTE FOR ATTENDANCE AT ANY

MANDATORY PRE-BID CONFERENCE. Contracting Agency staff will not be onsite to answer questions during alternate site access times. All Bidder questions must be submitted using the process set forth in Section C.4.

A.6 PROJECT COST ESTIMATE AND FUNDING

The following range is a Project estimate for bonding purposes: $512,390 - $642,390.

This Project is anticipated to be funded with federal and state funds, as detailed below. Award is dependent upon Agency’s receipt of sufficient Project funding.

State Funds: 52%.

Federal Funds: 48%. Wagner-Peyser, Jobs for Veterans’, Trade Adjustment Assistance, and Reemployment Services & Eligibility Assessments/RESEA

A.7 KEY PROJECT DATES

PROJECT START DATE: Upon issuance of Notice to Proceed SUBSTANTIAL COMPLETION: No later than 04/15/2027 FINAL COMPLETION: No later than 06/01/2027

A.8 LIQUIDATED DAMAGES

Liquidated damages of $500.00 per calendar day will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (see also Attachment D-1).

A.9 PREVAILING WAGE RATES

In accordance with federal funding requirements, for all prime construction contracts in excess of $2,000, Contractor and all subcontractors at every tier shall comply with the “Davis-Bacon and Related Act Provisions.” See Davis-Bacon Act WD# OR20260001, Modification# 2, last published 05/18/2026 for Linn, Marion, and Klamath County, Oregon in the Attachment D-6 Federal Requirements.

This ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates and apprenticeship rates in effect as of the date this ITB was first advertised, which, while not physically attached, are incorporated by reference with the same force and effect as though fully set forth herein and are available as follows:

BOLI, Prevailing Wage Rates for Public Works Contracts dated July 5, 2026;

https://sam.gov/wage-determination/OR20260001/2 https://sam.gov/wage-determination/OR20260001/2

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 7

PWR Apprenticeship Rates in effect July 5, 2026.

These BOLI wage rates are available at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The Work will take place in the following Oregon counties and BOLI regions:

• Marion County (for Salem WorkSource Office), BOLI Region 3;

• Linn County (for Albany WorkSource Office), BOLI Region 4; and

• Klamath County (for Klamath Falls WorkSource Office), BOLI Region 11

A.10 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held at three (3) Project Sites, and bidders MUST attend all three (3) mandatory pre-bid meetings as specified below on following dates, time, and location:

• 08/18/2026 at 09:00 AM at 605 Cottage St. NE, Salem for the Salem WorkSource Office

• 08/19/2026 at 09:00 AM at 139 4th Avenue SE for the Albany WorkSource Office

• 08/20/2026 at 09:00 AM at 801 Oak Avenue, Klamath Falls for the Klamath Falls WorkSource

Office

Bidders should park in the parking lot located just outside the building. Bidders must be on time to attend each mandatory pre-bid conference from the beginning through the end and will be asked to sign the attendance roster for all three locations. BIDS FROM BIDDERS WHO DO NOT ATTEND ALL

THREE MANDATORY PRE-BID MEETINGS WILL BE REJECTED AS NON-RESPONSIVE.

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 Contracting Agency and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO BE ON TIME AND ATTEND THE ENTIRETY OF THE MANDATORY

PRE-BID CONFERENCE DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS

FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE REQUIREMENTS WILL BE

REJECTED AS NON-RESPONSIVE.

A.11 PUBLIC OPENING

The public Opening will occur immediately following the Closing, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

Contracting Agency will hold the public Opening through electronic means. Interested parties may attend the public 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 public Opening following the Closing. Be sure to have Microsoft Teams access available on your computer or mobile phone and follow the following link:

Join: https://teams.microsoft.com/meet/25945985192343?p=F2R3eZ4efCn2LX594e Meeting ID: 259 459 851 923 43 Passcode: Hw9mV2Ti

Dial-in by phone: +1 503-446-4951,,772767883# Find a local number Phone conference ID: 772 767 883# https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://teams.microsoft.com/meet/25945985192343?p=F2R3eZ4efCn2LX594e tel:+15034464951,,772767883 https://dialin.teams.cloud.microsoft/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=772767883

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 8

SECTION B – 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:

"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 Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049- 0250(2). The plural form of "Addendum" is "Addenda".

"Agency" means the Oregon Employment Department (“OED”).

"Bid" (referred to as "Quote" in OregonBuys) means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award (see Section C.7.3 – Bid Package Requirements). Bid also means "Offer".

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

"Contracting Agency” means the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”)

“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.

"DAS" means the Oregon Department of Administrative Services.

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

“Manufactured Product”, for purposes of State Buy America, means a preassembled item that is made of iron or steel and that a contractor brings to a construction project for incorporation into a public improvement or public works, or a preassembled item that is made of iron or steel and that the Oregon Department of Administrative Services or the Department of Transportation acquires for a public use (See ORS 279C.303(1)(a)).

“Manufactured products,” for purposes of the federal Build America, Buy America Act (“BABAA”) means:

1. Articles, materials, or supplies that have been:

i. Processed into a specific form and shape; or

ii. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

2. If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials.

“OED” means the Oregon Employment Department or Owner.

"OregonBuys" means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/.

https://oregonbuys.gov/bso/

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 9

"Public Improvement" means a project for construction, reconstruction or major renovation on real property by or for a contracting agency.

Produced in the United States” for purposes of State Buy America, means (a) for iron and stee products, other than Manufactured Products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and (b) for Manufactured Products, that: (i) the manufacture of the product occurred within the United States; and (ii) the cost of the components of the product that are mined, produced, or manufactured in the United States is more than 55% of the total cost of all components of the product (See ORS 279C.303(1)(b)).

"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 Chapter 84.

"State" means the State of Oregon.

"Writing" means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression, intended 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 – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT. Bidders must be registered in OregonBuys to do business with the State. Registration is free. OregonBuys uses the terms Vendor and Supplier interchangeably to refer to any form of business entity registered in OregonBuys.

To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see Supplier Resources:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

Bidders are responsible for ensuring that their supplier registration and information is current and correct in OregonBuys, including choosing any commodity or service codes associated with its business. Contracting Agency shall not be responsible for defective registration or incorrect supplier information. Bidders shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from OregonBuys at:

https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

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.

Bidders should contact the Purchaser/SPC for this ITB if they are unable to access solicitation documents via OregonBuys.

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 10 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” sections; and

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

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

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

• Amendment: Any form of notice posted on OregonBuys associated with the solicitation, such as intent to award or solicitation cancellation, including an “Addendum” or “Addenda”, as defined in OAR 125-246-0110(1) (an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document).

• Bid Opening Date: The OregonBuys term for “Closing” as defined in OAR 125-246-0110(26)

(the date and time specified in a Solicitation Document as the deadline for submitting Offers).

• Bid Solicitation: Refers to this Invitation to Bid (“ITB”).

• Purchaser: Refers to the SPC identified on the Cover Page of this ITB.

• Quote: Bid Package (see Section C.7).

C.2 SOLICITATION LAWS, 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.

Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.2.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C). Can be obtained online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx.

C.2.2 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, 155 Cottage St NE U90, Salem, OR Oregon 97301-3972. Phone (503) 378-4642 or online at: http://arcweb.sos.state.or.us/banners/rules.htm

C.2.3 GENERAL CONDITIONS. In addition to the foregoing, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx http://arcweb.sos.state.or.us/banners/rules.htm

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 11

CONTRACTS (“General Conditions”) dated January 1, 2012, as modified by the Supplemental General Conditions, both of which are incorporated herein and provided as Attachment D-4.

C.2.4 COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION. The State of Oregon (“State”) is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority-owned, women-owned, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded State contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity. See also Executive Order No. 22-15.

C.2.5 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. See Attachment B and Attachment D for applicable requirements.

C.2.6 FEDERAL BUILD AMERICA, BUY AMERICA ACT (“BABAA”) AND STATE BUY AMERICA

REQUIREMENTS

This Project is funded with federal Wagner-Peyser, Jobs for Veterans’, Trade Adjustment Assistance, and Reemployment Services & Eligibility Assessments/RESEA funds and subject to the Build America, Buy America Act (“BABAA”) requirements. All iron, steel, manufactured products, and construction materials used in this Project must be produced in the United States. See Section II. FEDERAL BUILD AMERICA, BUY AMERICA ACT (“BABA”) AND STATE BUY AMERICA REQUIREMENTS in Attachment D-6 for Federal 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. See Attachment B and Attachment D for applicable requirements.

C.2.7 FEDERAL REQUIREMENTS

This Project is funded with Wagner-Peyser, Jobs for Veterans’, Trade Adjustment Assistance, and Reemployment Services & Eligibility Assessments/RESEA federal funds. Contractor must comply with all provisions associated with the Wagner-Peyser, Jobs for Veterans, Trade Adjustment Assistance, and Reemployment Services & Eligibility Assessments/RESEA funded projects. See Attachment D-6 Federal Requirements.

C.3 BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAMES. This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless an exemption has been granted under ORS 279C.345(2).

C.3.2 EQUIVALENTS. This ITB (including Plans and Specifications) may identify products by brand name or equivalent (such as “approved equal”, “or equal”, “approved equivalent”, or “equivalent”, or similar language). In such case, Bidder may use either the (i) brand name product or (ii) an equivalent product.

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 12

An equivalent product is one approved in writing by Contracting Agency in its sole discretion upon finding that the proposed product satisfies Project needs for quality, utility, durability, function, and purpose.

C.4 REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION, OR CHANGE;

SOLICITATION PROTESTS

C.4.1 REQUEST FOR APPROVAL OF EQUIVALENTS. Bidders may request approval of equivalents.

Requests shall provide all the information necessary for Contracting Agency to determine product acceptability (see Section C.3.2). Requests shall reference any applicable Specification sections.

Contracting Agency will issue an Addendum identifying any approved equivalent products.

C.4.2 REQUEST FOR CLARIFICATION. Bidders may request clarification of any ITB requirements per the method provided in Section C.4.5, below.

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS.

Bidders may request changes to contractual terms, Plans, or Specifications. The request shall include a statement of the requested changes and the reason for the requested changes.

C.4.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS. Bidders may protest contractual terms and conditions, Plans or Specifications. The protest shall include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and a statement of the desired changes to the contractual terms and conditions, Plans or Specifications.

C.4.5 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS. Requests for approval of equivalents, clarification or changes, and protests of the ITB provisions shall be made in Writing via email to the Purchaser/SPC and marked as follows:

Email Subject Line: Bid Request for: Approval of Equivalents / Clarification / Change / Protest of ITB Provisions

Body of Email: ITB Number S-DASOBO-00017609 and Bid Opening Date

Requests and solicitation protests must be received by the Purchaser/SPC by the deadline provided in the Solicitation Schedule (see Section A.3). Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.4.6 RESPONSES. Contracting Agency will respond to properly submitted requests and protests.

Contracting Agency may post question and answer documents on OregonBuys to respond to inquiries when Contracting Agency determines, in its sole discretion, the answers do not effect changes to this ITB. Contracting Agency may also informally respond to Bidder questions. When appropriate, including approval of equivalents, Contracting Agency will amend the ITB via Addendum.

Unless Contracting Agency amends the ITB by Addendum, a response from Contracting Agency does not change Plans, Specifications, contractual terms, or procurement requirements.

C.5 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF

ADDENDA

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 13

Requests for clarification, requests for change, and protests of Addenda shall be submitted to the SPC per the method provided in Section C.4.5 and must be received by the time and date specified in the Addendum or they will not be considered. Contracting Agency will not consider requests or protests of matters not addressed by the Addendum.

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS

192.345 or confidential proprietary information under ORS 192.355, and that Bidder 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 192.478, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders 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 Bidders 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.7 BID PACKAGE SUBMISSION

C.7.1 BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than 120 calendar days from the Bid Opening Date.

Contracting Agency may request that Bidder extend the time period during which Contracting Agency may consider and accept the Bid. If Bidder agrees to such an extension, the Bid shall continue as an irrevocable, valid, and binding Bid binding on the Bidder for the agreed-upon extension.

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys.

Contracting Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

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.7.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(2) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(3) Bid Security. Bidders must provide bid security in an amount equal to 10% of the total amount of the Bid (“Bid Security”) prior to Closing. Contracting Agency will accept the following forms of Bid Security:

(a) Bid bond from a surety company authorized to do business in the State. If Bid Security is furnished by means of a Bid bond, the State Bid Security Form, provided as Attachment 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

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 14

A, Form A-3, is the required form to be used for this ITB and it must be uploaded via an electronic file on OregonBuys. At any time during the solicitation, upon request or demand by Contracting Agency, Bidder must immediately furnish the original of any Bid Security submitted via electronic means to the SPC.

(b) A fully executed certified or cashier’s check or an irrevocable letter of credit issued by an Insured Institution as defined in ORS 706.008. If using one of these methods, Bidder shall contact SPC to arrange for delivery prior to Closing.

(4) First-Tier Subcontractor Disclosure Form. Bidders must complete and submit Attachment A, Form A-4 either (i) with the Bid Package submission via Oregon Buys or (ii) via email to the Purchaser/SPC within 2 working hours after the Bid Opening Date.

C.7.4 SIGNATURES. All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by Contracting Agency.

C.7.5 TIMELINESS. Contracting Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. Contracting Agency shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals.

C.7.6 FAILURE OF ELECTRONIC SYSTEMS. Contracting Agency is not and shall not be held responsible for failure of OregonBuys or any email system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of OregonBuys or any email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, Contracting Agency may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after OregonBuys or any email system becomes available.

C.7.7 HARD COPIES AND ORIGNALS. Contracting Agency reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package.

Further, Contracting Agency reserves the right to require that the apparent successful Bidder promptly submit its complete original signed Bid to Contracting Agency.

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Modifications made after Bid submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Failure to comply with the provisions of this Section will result in Bid rejection.

Nothing in this Section shall be construed as allowing the Bidder 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.

Bidders shall not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

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.

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 15

SECTION D – AWARD

Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB (see also Section A.3, Solicitation Schedule). Bids received after the Bid Opening Date will not be considered for award.

D.1 PRELIMINARY BID RESULTS

Following public Opening (see Section A.11), Contracting Agency may post preliminary Bid results on the OregonBuys System. Such postings may not be correct and are not final. The posting of the preliminary Bid results is not a representation by Contracting Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided Contracting Agency does not cancel the solicitation or reject all Bids pursuant to OAR 137- 049-0270, Award will be made to the responsible Bidder submitting the lowest responsive Bid, calculated as follows.

(1) LUMP SUM. If the ITB requires a lump sum Bid, without additive or deductive alternates, or if Contracting Agency elects not to award additive or deductive alternates, Bids will be compared based on lump sum prices or lump sum base Bid prices, as applicable. If the ITB calls for a lump sum base Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by Contracting Agency, for the purpose of comparing Bids.

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by Contracting Agency, for the purpose of comparing Bids. Contracting Agency will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

Contracting Agency may award by Bid item, groups of bid items or the entire Bid provided such award is in the public interest.

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE. In determining the lowest responsive Bid, Contracting Agency will, in accordance with OAR 125-246-0310, add a percentage increase to the Bid of a Non-resident Bidder (see Attachment A, Form A-1) equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid or any Contract awarded pursuant thereto.

D.2.2 RESPONSIVENESS. For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Bids may be considered nonresponsive and rejected if the Bid:

• includes non-approved equivalents where approval is required;

• takes exception to the Specifications or Plans or contractual terms of the ITB;

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 16

• is contingent upon Contracting Agency’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB;

• is submitted by Bidders who did not attend all three (3) Mandatory Pre-Bid Conference as required under A.10 Mandatory Pre-Bid Conference of this ITB; or

• is unreadable.

In making a responsiveness determination, Contracting Agency may waive minor informalities as described in OAR 137-049-0350, and Contracting Agency may seek clarification of any response that, in its sole discretion, it deems necessary or advisable. However, Bidders may not supplement their Bids to provide for missing information.

D.2.3 RESPONSIBILITY. Prior to award of the Contract, Contracting Agency will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 125-249-0390. In doing so, Contracting Agency may investigate Bidder and request information in addition to that already required in this ITB in Attachment A, Form A-1, Responsibility Inquiry, when Contracting Agency, in its sole discretion, considers it necessary or advisable.

Contracting Agency shall notify the apparent successful Bidder, in Writing, of any other documentation required for it to complete its responsibility inquiry, which may include, but is not limited to: recent profit-and-loss history, current balance statements, assets-to-liabilities ratio (including number and amount of secured versus unsecured creditor claims), availability of short and long-term financing, bonding capacity, credit information, material, equipment, facility and personnel information, performance record of Contract performance, and similar information. Submission of a signed Bid shall constitute approval for Contracting Agency to obtain any information Contracting Agency deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. Contracting Agency may postpone the award of the Contract after posting a notice of its intent to award (“Notice of Intent to Award”) to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility as required under OAR 125-249-0390 shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 125-249-0440.

D.3 REJECTION OF BIDS

D.3.1 REJECTION OF ALL BIDS. Contracting Agency may reject all Bids for good cause upon its finding that it is in the public interest to do so. Agency will issue written findings if all offers are rejected.

D.3.2 LIQUIDATED AND DELINQUENT DEBT. Contracting Agency may reject a particular Bid if a Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

D.3.3 REJECTION OF PARTICULAR BIDS. Contracting Agency may reject a particular Bid for any of the reasons listed under OAR 125-249-0440.

D.4 NOTICE OF INTENT TO AWARD

Contracting Agency will issue to each Bidder or post, electronically or otherwise, Notice of Intent to Award identifying the apparent successful Bidder (“Awarded Bidder”), pursuant to ORS 279C.375.

D.5 PROTEST OF INTENT TO AWARD

Bidders who are adversely affected or aggrieved because all other Bids were nonresponsive or

ITB Number – S-DASOBO-00017609 Oregon Employment Department LED Lighting Upgrade Project 17

Contracting Agency committed a violation of a provision of the ITB or procurement statute or administrative rules in evaluation of the Bids may submit a protest of the Notice of Intent to Award. The protest must be in Writing, specify the grounds upon which the protest is based and be submitted via email to the Purchaser/SPC within 7 days after issuance of the Notice of Intent to Award. Protests received after that date will not be considered. See also OAR 137-049-0450.

D.6 FINAL AWARD

Upon expiration of the Notice of Intent to Award protest period (or after affirmation of the Award following a protest, if any) the award will be final. If only one Bid is submitted, there will be no Notice of Intent to Award protest period.

D.7 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following required documents to Contracting Agency:

• Proof of Insurance. Awarded Bidder shall furnish proof of insurance meeting the requirements provided in Attachment D-5.

• Performance and Payment Bonds. Using the forms provided in Attachment D-2 and Attachment D-3, the Awarded Bidder shall furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State.

• W-9 Form. When requested by Agency or when the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any, Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf.

Failure to present the required documents within 7 days of final award (see Section D.6) may result in revocation of award and forfeiture of the Bid Security as described in Section D.8.1 below. Should Awarded Bidder, working in good faith, be unable to meet the required timeframes set forth in this Section, Bidder shall in Writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which Contracting Agency, in its sole discretion, may allow.

D.8 EXECUTION OF PUBLIC IMPROVEMENT CONTRACT

Contracting Agency will provide Awarded Bidder with the finalized Contract documents, which Awarded Bidder shall execute within the timeframe specified by the Purchaser/SPC.

D.8.1 FOREFEITURE OF BID SECURITY. An Awarded Bidder who fails to promptly and properly execute the contract and to deliver the Performance Bond, the Payment Bond, and the proof of insurance (when bonds or insurance are required) within the timeframes specified in D.7, shall forfeit the Bid Security that accompanied the successful Bid. The Bid Security shall be taken and considered as liquidated damages and not as a penalty for failure of the Bidder to execute the Contract and deliver the bonds and proof of insurance.

D.9 RETURN OF BID SECURITY

D.9.1 Contracting Agency shall return the Bid Security of the Awarded Bidder to the Bidder after the Bidder:

(a) executes the Contract, and

(b) delivers a good and sufficient Performance Bond, a good and sufficient Payment Bond, and any required proofs of insurance in accordance with Section D.7.

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