Tillamook Forestry Center Boiler Systems Replacement FINAL..doc

State of Oregon

Invitation to Bid S-62900-00004264

BOILER SYSTEMS REPLACEMENT - ODF TILLAMOOK FOREST CENTER

Closing Date & Time

November 16th, 2022 - 2:00 PM (PT)

PURCHASER/SINGLE POINT OF CONTACT:

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

Richard Arnaz richard.arnaz@odf.oregon.gov

(503) 945-7254

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

SECTION A

TABLE OF CONTENTS

SECTION A

TABLE OF CONTENTS

SECTION B

DEFINITIONS

SECTION C

GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

SECTION D

BID SECURITY REQUIREMENTS

SECTION E

PREVAILING WAGE RATES AND BOLI REQUIREMENTS

SECTION F

FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G

CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS; AND JOINT VENTURE - PARTNERSHIP DISCLOSURE

SECTION H

ADDENDA ACKNOWLEDGMENT

SECTION I

RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES / ESB UTILIZATION

SECTION J

Recycled Products Section K Residency INFORMATION

SECTION L

CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M

CERTIFICATION OF COMPLIANCE WITH DRUG-TESTING LAW REQUIREMENTS

SECTION N

CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS

SECTION O

HYPERLINK \l "Contract_TOC"SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1

PRICING SUBMITTAL FORM

EXHIBIT 2

BID SECURITY FORM

EXHIBIT 3

PERFORMANCE BOND FORM

EXHIBIT 4

PAYMENT BOND FORM

EXHIBIT 5

SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6

GENERAL CONDITIONS

EXHIBIT 7

SUPPLEMENTAL GENERAL CONDITIONS

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B DRAWINGS

SECTION B

DEFINITIONS

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

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

B.1.2 "Agency" means the Department of Forestry.

B.1.3 "Bid" means the Offeror's written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.1.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

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

B.1.6 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.7 “ODF” means the Oregon Department of Forestry.

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

B.1.9 "OregonBuys" means the on-line electronic procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is located at: http://oregonbuys.gov B.1.10 "State" means the State of Oregon.

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

SECTION C

GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

The purpose of this ITB is to establish a Contract for the replacement of three biomass boilers and related equipment at the Oregon Department of Forestry’s Tillamook Forest Center near Tillamook, OR (the “Project”). The Project is located at: 45500 Wilson River Hwy, Tillamook, OR 97141.

This Work includes, but is not limited to, the removal of the three existing biomass (pellet feed) boilers, the removal of one existing pellet feed auger, the removal of three inline circulating pumps, installation of an enlarged concrete “housekeeping” pad, installation of a new vacuum pellet feed system, provision and installation of two new pellet feed boilers, provision and installation of a new buffer tank, and all necessary physical connections and systems integration. All equipment and materials to be provided for the Project shall be in new condition. The Work contemplated under this procurement includes all labor, materials, transportation, debris disposal, equipment and services for, and incidental to, the completion of all construction work in connection with the Project described in the Contract Documents, including all permits and fees associated with the construction. The selected Contractor shall complete all Work in connection with the Project in accordance with the Contract Documents. Contractor shall furnish all needed materials unless otherwise specified. Please also see the detailed description of the Work in the Specifications.

The table below represents a tentative schedule of events. All times listed in this ITB and on OregonBuys are Pacific Time. Dates listed are subject to change by Addendum.

C.1.0 MANDATORY PRE-BID CONFERENCE:

C.1.0.1 A pre-bid conference will be held on the date and time listed in the table in Section C.1. at the ODF Tillamook Forest Center.

C.1.0.2 Any statements made at the pre-bid conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued and posted on the OregonBuys System.

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

C.1.1 SINGLE POINT OF CONTACT:

The single point of contact (“SPC”) for questions regarding this ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Richard Arnaz at (503) 945-7254 and e-mail richard.arnaz@odf.oregon.gov. The SPC is referred to as “Purchaser” in OregonBuys.

C.1.2

ENGINEER AND CONSULTANT INFORMATION:

The following is a list of any engineers and consultants used on this Project. This list is for informational purposes only. Offerors are prohibited from contacting these engineers and consultants during the solicitation process, unless otherwise authorized in this ITB.

C.1.3 GENERAL BIDDING INFORMATION AND BID REQUIREMENTS

C.1.3.1 OREGONBUYS

C.1.3.1.1 REGISTRATION REQUIREMENT: All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

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

C.1.3.1.2 CROSSWALK of TERMS

C.1.3.2 OBTAINING ITB DOCUMENTS: This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

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

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

Bidder shall not make the Bid contingent upon ODF acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB.

C.1.3.2.1 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

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

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

C.1.4 [RESERVED]

C.1.5 ELECTRONIC BID PROVISIONS

C.1.5.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes.

C.1.5.2 ODF reserves the right to reject any Bid that is unreadable.

C.1.5.3 ODF reserves the right to award the Contract solely on the Bid submitted electronically through email; however, upon ODF’s request, the apparent successful Bidder shall promptly submit its complete original signed Bid. In the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to protest or to otherwise participate in the procurement, ODF may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

C.1.5.4 By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with ODF that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

C.1.6 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.345 or confidential proprietary information under ORS 192.355, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret or is otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Offerors are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.1.7 AUTHORITY, SOLICITATION LAW, RULES, AND GENERAL CONDITIONS:

Agency is issuing this ITB under the authority of the Department of Administrative Services (DAS) delegation DASOBO-00021313 (as amended), ODF Tiered Delegation Agreement. Agency is authorized to enter into this type of contract under the authority granted in ORS 530.050.

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 Oregon Revised Statues, and Divisions 246 and 249 of the Administrative Rules of the Oregon Department of Administrative Services. This ITB and the resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.7.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx C.1.7.2 OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES ADMINISTRATIVE RULES - (OAR Chapter 125, Divisions 246 and 249 and OAR Chapter 137, Divisions 046 and 049) - Can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285. Phone (503) 378-4642 or online at: http://arcweb.sos.state.or.us/banners/rules.htm C.1.7.3 In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, "General Conditions" dated January 1, 2012, and the Supplemental General Conditions, which are incorporated herein by reference. See Exhibit 6 and Exhibit 7, respectively. The General Conditions can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285, by telephone (503) 378-4642 or online at: http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

C.1.8 BRAND NAME USAGE:

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

C.1.8.2 BRAND NAME "OR EQUAL": Agency will not use “OR EQUAL” for the purposes of this solicitation or the resulting Contract. All Brand Name product substitution requests must be processed through the “OR APPROVED EQUAL” specified below (Sections C.1.8.3 and C.2).

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

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

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR BRAND NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "equal" or "equivalent”; (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (d) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of this ITB may be deemed non-responsive and may be rejected.

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

Bid Request for:

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

Closing Date and Time and must be received by the SPC identified in Section C.1.1 and in OregonBuys by the date and time specified in the table in C.1. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF A BRAND "EQUAL" OR AN "EQUIVALENT": Pursuant to Section C.1.8.3, Offerors shall provide the specified product unless another is approved through a request for approval of an " equal" or an "equivalent” brand, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests must be submitted in accordance with Section C.2.2 to be considered.

· Requests must provide all the information necessary for the State to determine product acceptability including, if applicable, a reference to the applicable Specification section.

· Failure to provide sufficient information with the request will be cause for the request not to be considered as equivalent.

· Any product subsequently approved for substitution will be listed on an Addendum issued by ODF and posted on OregonBuys.

C.2.4 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in accordance with Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications, in accordance with Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a solicitation protest in accordance with Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that ODF determines should be handled by formally amending the ITB, ODF will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: ODF shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, ODF will issue ITB revisions via Addenda posted on the OregonBuys System.

C.2.9 ODF may also informally respond to Offeror questions and may post question and answer documents on OregonBuys to respond to inquiries when ODF determines, in its sole discretion, the answers do not effect changes to this ITB.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THIS ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY ODF AND POSTED ON THE OREGONBUYS SYSTEM.

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

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

C.4 OFFER FORMAT AND SUBMISSION

C.4.1 SIGNATURE REQUIRED: All Offer documents requiring signature must be signed by an authorized representative of the Offeror. Electronic signature is acceptable. Electronic Signatures shall bind the signing Party and are intended to be and can be relied upon by ODF. ODF reserves the right at any time to require the submission of the hard copy original(s) of any documents included in an Offer.

C.4.2 ELECTRONIC SUBMISSION: Offers must be submitted electronically via email to the Single Point of Contact prior to the Closing Date and Time. No oral, telegraphic, telephone, or facsimile Bids will be accepted. The entire Offer must arrive at the email address and by the Closing Date and Time specified on page 1 of this ITB. Email submissions shall be delivered to the Single Point of Contact and shall be identified by the following subject line: TFC BOILER SYSTEMS REPLACEMENT ITB C.4.3 FORMS TO BE USED: Required information must be submitted on the forms specified in this ITB. Any information Offeror submits that is not required to be included on forms prescribed by ODF must be formatted in the manner called for in this ITB and submitted on Offeror's letterhead.

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

The following must be submitted prior to Closing:

· Pricing Submittal Form, Exhibit 1;

· Bid Security Requirements as per Section D;

· Construction Contractors Board (CCB) Registration Requirements; Asbestos Abatement Licensing Requirements (if applicable), and Joint Venture - Partnership Declaration, Section G;

· Addenda Acknowledgement, if required; Section H;

· Responsibility Inquiry and Contractor References; ESB Utilization, Section I;

· Residency Information, Section K;

· Signature of Bidder's Duly Authorized Representative, Section O;

· Signed ITB Addenda (if required)

The following must be submitted either with the Bid submission or via email within two (2) working hours after Closing:

· First Tier Subcontractor Disclosure Form, Section F

C.5 BID MODIFICATION PRIOR TO CLOSING

C.5.1 BID MODIFICATION PRIOR TO CLOSING: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed by the person signing the Offer. Offers, once submitted, may be modified in writing before the Closing Date and Time. Modifications made after Offer submission must be signed by an authorized representative and state that the modifications amend and supersede the prior Offer. Failure to comply with the provisions of this paragraph of Section C.5 will result in Bid rejection.

C.5.2 Nothing in Section C.5 may be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.5.3 Modifications must be submitted via email to the Single Point of Contact and marked as follows:

Bid Modification

ITB Number

Closing Date

Closing Time

C.5.4 Offerors may not modify Offers after Closing.

C.6 OFFER WITHDRAWALS PRIOR TO CLOSING

C.6.1 IN WRITING: Offers may be withdrawn in Writing, via email to the Single Point of Contact, when submitted on Offeror's letterhead, signed by an authorized representative, and received by ODF prior to Closing. Offer withdrawals must be labeled as such and contain the ITB number.

C.6.2 IN PERSON: Offers may also be withdrawn in person at the Department of Forestry, ODF Procurement Office, at 2600 State Street, Bldg. C, Salem, Oregon 97310 before Closing upon presentation of appropriate identification and evidence of authorization to act for Offeror. Signature confirmation of withdrawal may also be required.

C.7 BIDS RECEIVED; BID OPENING

C.7.1. BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the Closing Date and Time specified on page 1 of this ITB. Bids received after the Closing Date and Time, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.7.2 BID OPENING. Bid Opening will occur immediately following “Bid Opening Date” and time unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the Opening. Award decisions will not be made at the Bid Opening. Agency will hold the public Opening. Interested parties may attend the Opening for this solicitation at the Department of Forestry, ODF Procurement Office, at 2600 State Street, Bldg. C, Salem, Oregon 97310.

C.7.3 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms not included in the Bid Submission must be submitted to the SPC via email within two working hours after the Closing Date and Time. Failure to comply with this requirement will result in rejection of the Offer as non-responsive.

C.8 PRELIMINARY BID RESULTS

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

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror's Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than sixty (60) calendar days after Closing.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

ODF may request, orally or in writing, that Offerors extend, in writing, the time during which ODF may consider their Offers. If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

C.11 METHOD OF AWARD

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

C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID. The State reserves the right to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

Offers not in substantial compliance with ITB requirements cannot be considered and cannot be supplemented by submissions delivered after Closing. However, ODF may waive minor informalities as described in OAR 137-049-0350, and ODF may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 OFFER EVALUATION CRITERIA

C.13.1 RESPONSIVENESS: For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, ODF may waive minor informalities and irregularities. As a particular matter of responsiveness, Bidder shall not make the Bid contingent upon ODF’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB.

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

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

C.13.4 RECIPROCAL PREFERENCE. Solely for the purpose of evaluating Bids, ODF will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Offeror is from a state that grants a ten (10) percent preference to local Offerors, ODF will add ten (10) percent to that Offeror's Offer price (see OAR 137-046-0310 and Section K).

C.13.5 REJECTION OF BID DUE TO CERTAIN DEBT. ODF may reject a particular Bid if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.14 PROCESSING OF BIDS

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

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

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

C.16 REJECTION OF OFFERS

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

C.16.2 REJECTION OF PARTICULAR OFFERS: ODF may reject a particular Offer for any of the reasons set forth in OAR 125-249-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

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

C.18 PROTEST OF INTENT TO AWARD

C.18.1 Adversely-affected or aggrieved Offerors shall have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest via email to the SPC. Protests submitted after that date will not be considered. The written protest must specify the grounds upon which the protest is based. An Offeror is adversely affected or aggrieved only if the Offeror is eligible for award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid and is next in line for award, i.e., the protesting Offeror must claim that all lower Bidders are ineligible for Award as set forth in OAR 137-049-0450.

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

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

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS ODF will respond in writing via email to intent-to-award protests submitted by adversely-affected or aggrieved Offerors. ODF may also respond to intent-to-award protests submitted by other Offerors for purposes of clarification. However, any response provided by ODF is not intended to, and shall not in and of itself constitute, confirmation that the Offeror is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent-to-award, or that the protest was timely filed.

C.20 AWARD

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

C.21 COMMENCEMENT OF WORK

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

C.22 REVIEW OF AWARDED BID FILES

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

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

C.23.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to ODF within seven [7] calendar days of Intent-to-Award Announcement. Failure to present the required documents within the seven [7] calendar-day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the Supplemental General Conditions in Exhibit 7 prior to Offer submission.

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

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services, materials, and goods.

NOTE: THE ODF PROVIDED PERFORMANCE AND PAYMENT BOND FORMS ARE THE FORMS

APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The State of Oregon Performance Bond and Payment Bond forms are Exhibits 3 & 4, respectively.

The apparent successful Offeror shall provide all required bonding to the Oregon Department of Forestry (ODF) within seven [7] calendar days of Intent-to-Award Announcement. Failure to present the required documents within seven [7] calendar days may result in Offer rejection.

C.23.3 JOINT VENTURE / PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture or Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded. Failure to present the required documents within seven [7] calendar days may result in Offer rejection.

C.23.4 [RESERVED]

C.23.5 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Offeror must submit to ODF within seven (7) calendar days of Intent-to-Award Announcement, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000. Information about obtaining the Certificate can be obtained at: http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf Failure to present the required documents within seven [7] calendar days may result in Offer rejection.

C.23.6 EXECUTION OF AGREEMENT FORM: Once all items required under Section C.23 have been received from the apparent successful Bidder and accepted by ODF, ODF will finalize and email the Public Improvement Agreement Form (see Exhibit 5) to the Bidder, which the Bidder shall sign and return by email as soon as possible, and within 5 business days of receipt. ODF will then sign the Public Improvement Agreement Form and email a fully-executed copy of it to the Bidder.

Should apparent successful Offeror, working in good faith, be unable to comply with the timeframes set forth in this Section, apparent successful Offeror shall in writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which ODF, in its sole discretion, may allow.

In the event that apparent successful Offeror fails to timely provide the information required or execute the Public Improvement Agreement Form in accordance with this Section C.23, Offeror’s Bid Security will be forfeited as set forth in Section D.5.

SECTION D

BID SECURITY REQUIREMENTS

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

D.2 Bid Security shall be furnished to the Oregon Department of Forestry as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to Intent-to-Award Announcement.

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

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

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

D.5.1 An Offeror who is awarded a contract and who fails promptly and properly to execute the contract and to deliver the performance bond, the payment bond and the proof of insurance, when bonds or insurance are required, 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.

SECTION E

PREVAILING WAGE RATES AND BOLI REQUIREMENTS

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions.

Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

E.2 This ITB and the resulting Contract are subject to the BOLI wage requirements, and the prevailing wages rates set forth as of the date this ITB was first advertised, which while not physically attached are incorporated herein by reference with the same force and effect as though fully set forth herein and available at the following web link:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx E.3 The site of work at the Tillamook Forestry Center is in Tillamook County (BOLI Region 1).

SECTION F

FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

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

(a) The subcontractor's name,

(b) Dollar value and,

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

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

ODF MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

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

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

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

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: TFC BOILER SYSTEMS REPLACEMENT

BID #: S-62900-00004264___________________ CLOSING: Date: __________ Time: __________

This form must be completed and submitted with the Bid or via email to the SPC within two working hours after the advertised Closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the subcontract. ENTER "NONE" IF THERE ARE NO SUBCONTRACTORS that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

SUBCONTRACTOR NAME CATEGORY DOLLAR

OF WORK VALUE

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

Form submitted by (Bidder name):__________________________________________________

Contact name: ______________________________ Phone:_________________________

SECTION G

CONSTRUCTION CONTRACTORS BOARD REGISTRATION REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS / JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

(1) Offerors must be licensed with the State of Oregon Construction Contractors Board (“CCB”) prior to bidding on Public Improvement Contracts. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

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

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

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTS

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

G.3 JOINT VENTURE / PARTNERSHIP DISCLOSURE

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

NO: ________ YES: _______

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

Name: __________________________________________________________

SECTION H

ADDENDA ACKNOWLEDGEMENT

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

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

(a) Offeror has received and duly considered any Addenda issued in connection with this ITB, and has completed the blanks below identifying all Addenda issued, and acknowledges and agrees to the terms of all such Addenda as those terms revise the terms, conditions, Plans and Specifications of this ITB.

ADDENDA: No. to No. inclusive.

(b) IN ADDITION to completing the blanks above to identify all Addenda, if any, issued under this ITB, Offeror shall also sign and return any Addendum if that Addendum specifically requires that it must be signed and returned.

SECTION I

RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES/ ESB UTILIZATION

The State reserves the right, pursuant to ORS 279C.375(3) and OAR 125-249-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Offeror's responsibility to perform the Contract. Submission of a signed Offer shall constitute approval for the State to obtain any information the State deems necessary to conduct the evaluation. The State shall notify the apparent successful Offeror, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection. The State may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate responsibility, as required under ORS 279C.375(3) and OAR 125-249-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under ORS 279C.375(3) and OAR 125-249-0440.

1. OFFEROR INFORMATION

Business Name: __________________________________________________________________

Owner(s) Name: __________________________________________________________________

Business Address:

Telephone Number: ____________________________Fax No.: ____________________________

Email Address: ___________________________________________________________________

Name of Public Works Bonding Company: __________________________________________

Address of Public Works Bonding Company:_________________________________________

(street)

(city, state, zip)

Agent Name/Phone: ____________________________________________________________

Public Works Bond Number: _____________________________________________________

2. OFFEROR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

Offeror shall provide a list of three different project references with the Offer that can be contacted regarding the quality of workmanship and service that the Offeror…