Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices. 11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall 11.3.3 The following minimum requirements apply to the Subcontract solicitation process: (a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process. (b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board. (c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer. (d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process. (e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP. (f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents. (g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process. (h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request. (i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below. 11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner. 11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. 11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 3 contracts
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract
Subcontractor Selection. 11.3.1 12.3.1 Unless otherwise provided under this Article 1112, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C279, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all the Owner’s comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up requested by the Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with the Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in a form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to the Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 12.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted of general circulation in the area where the contract is to reach be performed and in as many additional issues and publications as the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation processmay determine.
(b) Unless specific other prior arrangement has been made with the Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by the Owner shall be required to accept an the Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with the Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) The Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, from any Offeror prior and ensure that the same are distributed to the receipt of Offersall Offerors, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with the Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 12.3.4 below.
11.3.4 12.3.4 Under special circumstances and only with prior written authorization by the Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, the Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit the Owner.
11.3.5 12.3.5 CM/GC shall notify the Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to the Owner of all Offers received for the Subcontract at issue. The Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. The Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to the Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 12.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that the Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 3 contracts
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract, Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11After Construction Manager and Owner have agreed to potential bidders from the Potential Subcontractor List (the “Qualified Bidders”), the selection Construction Manager shall solicit from such Qualified Bidders at least three (3) competitive bids or proposals for each Subcontract. If Construction Manager is unable to solicit three (3) or more competitive bids or proposals for a division of all Subcontractors and suppliers Work, Owner’s prior written approval shall be made by competitive Offers in required to accept any bid or proposal for that Work. If Owner approves a manner that will not encourage favoritism or substantially diminish competition. While not subject Prequalification Plan, Construction Manager may award Subcontracts to firms meeting the competitive procurement requirements of ORS Chapter 279CPrequalification Plan’s standards, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practicesOwner’s prior written approval.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening 6.4.1 Unless Owner otherwise approves in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Ownerwriting, all Offers will Subcontract bids and proposals shall be writtenin writing, and submitted to a specific location at a specific time. CM/GC Construction Manager shall time-time- stamp all Offers as bids and proposals when received.
6.4.2 Construction Manager shall coordinate and conduct the bid or proposal opening process. Subcontractors must Owner Parties shall have the right, but not the obligation, to be qualified present for all bid and proposal openings, scope review meetings, and negotiations, and shall have access to perform all submission materials in Construction Manager’s possession.
6.4.3 Prior to award, Construction Manager shall: (i) prepare and deliver to Owner Parties a bid tabulation in a mutually agreeable form clearly comparing such bids and proposals, together with any specific back-up documentation Owner requests; (ii) review the Work for this Project by being appropriately registered apparent low bids and proposals and (iii) work with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on firms offering the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offersclarify, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the potential Change Order processOrders and Claims.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC 6.4.4 Construction Manager shall determine the lowest Offer bid for each solicitation that meets CM/GCthe requirements of this Article 6 and Construction Manager’s reasonable performance standards for the components of the Work at issuestandards; provided that provided, however, if CM/GC determines it Construction Manager is unable to execute enter into a suitable subcontract Subcontract with such Offerora low bidder, CM/GC Construction Manager may, with Owner’s prior written approval, execute a subcontract Subcontract with the second-lowest Offeror bidder pursuant to Article 11.3.4 Section 6.4.5 below.
11.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by Ownerauthorization, Work Construction Manager may be subcontracted permitted to Subcontract on a basis other than a low price basisprice, including without limitation, through by competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where of such special circumstances include when there are single fabricators of materials; specified Materials, special packaging requirements for Subcontractor work; Work, design-build work orWork, and where an alternative contracting method can be demonstrated to clearly benefit OwnerOwner and the Project. As a condition to such authorization, Owner may require that Construction Manager agree to establish and implement qualification and performance criteria for Subcontractors in these circumstances, including a scoring system within requests for proposals.
11.3.5 CM/GC 6.4.6 Owner Parties shall notify have the right, but not the obligation, to monitor Construction Manager’s competitive Subcontract award process. Construction Manager shall cooperate in all respects with Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issueParties’ monitoring. Owner reserves Parties’ monitoring shall not excuse Construction Manager from complying with the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibilityContract Documents’ requirements.
11.3.6 CM/GC's subcontracting records are not intended 6.4.7 Notwithstanding anything to be considered public records; providedthe contrary contained in this Article 6, howeverOwner may, at its sole discretion, require Construction Manager re-solicit Subcontract bids and proposals.
6.4.8 Construction Manager shall, and require Subcontractors to, comply with all prevailing wage requirements including State of Oregon Bureau of Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the Work. In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.
6.4.9 Construction Manager shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that Owner arises due to Construction Manager’s failure to incorporate the relevant terms of this Article 6 and other agencies necessary provisions of the State Contract Documents in each Subcontract.
6.4.10 Construction Manager shall retain the right to audit and monitor the subcontracting process in order to protect the not alter any material term or condition of a Subcontract without Owner's interests’s prior written consent.
Appears in 3 contracts
Sources: Construction Manager and General Contractor Agreement, Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.all
11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 3 contracts
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract, Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11After Construction Manager and Owner have agreed to potential bidders from the Potential Subcontractor List (the “Qualified Bidders”), the selection Construction Manager shall solicit from such Qualified Bidders at least three (3) competitive bids or proposals for each Subcontract. If Construction Manager is unable to solicit three (3) or more competitive bids or proposals for a division of all Subcontractors and suppliers Work, Owner’s prior written approval shall be made by competitive Offers in required to accept any bid or proposal for that Work. [If Owner approves a manner that will not encourage favoritism or substantially diminish competition. While not subject Prequalification Plan, Construction Manager may award Subcontracts to firms meeting the competitive procurement requirements of ORS Chapter 279CPrequalification Plan’s standards, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallprior written approval.]
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening 6.4.1 Unless Owner otherwise approves in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Ownerwriting, all Offers will Subcontract bids and proposals shall be writtenin writing, and submitted to a specific location at a specific time. CM/GC Construction Manager shall time-time- stamp all Offers as bids and proposals when received.
6.4.2 Construction Manager shall coordinate and conduct the bid or proposal opening process. Subcontractors must Owner Parties shall have the right, but not the obligation, to be qualified present for all bid and proposal openings, scope review meetings, and negotiations, and shall have access to perform all submission materials in Construction Manager’s possession.
6.4.3 Prior to award, Construction Manager shall: (i) prepare and deliver to Owner Parties a bid tabulation in a mutually agreeable form clearly comparing such bids and proposals, together with any specific back-up documentation Owner requests; (ii) review the Work for this Project by being appropriately registered apparent low bids and proposals and (iii) work with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on firms offering the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offersclarify, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the potential Change Order processOrders and Claims.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC 6.4.4 Construction Manager shall determine the lowest Offer bid for each solicitation that meets CM/GCthe requirements of this Article 6 and Construction Manager’s reasonable performance standards for the components of the Work at issuestandards; provided that provided, however, if CM/GC determines it Construction Manager is unable to execute enter into a suitable subcontract Subcontract with such Offerora low bidder, CM/GC Construction Manager may, with Owner’s prior written approval, execute a subcontract Subcontract with the second-second- lowest Offeror bidder pursuant to Article 11.3.4 Section 6.4.5 below.
11.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by Ownerauthorization, Work Construction Manager may be subcontracted permitted to Subcontract on a basis other than a low price basisprice, including without limitation, through by competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where of such special circumstances include when there are single fabricators of materials; specified Materials, special packaging requirements for Subcontractor work; Work, design-build work orWork, and where an alternative contracting method can be demonstrated to clearly benefit OwnerOwner and the Project. As a condition to such authorization, Owner may require that Construction Manager agree to establish and implement qualification and performance criteria for Subcontractors in these circumstances, including a scoring system within requests for proposals. SAMPLE
6.4.6 Owner Parties shall have the right, but not the obligation, to monitor Construction Manager’s competitive Subcontract award process. Construction Manager shall cooperate in all respects with Owner Parties’ monitoring. Owner Parties’ monitoring shall not excuse Construction Manager from complying with the Contract Documents’ requirements.
11.3.5 CM/GC shall notify 6.4.7 Notwithstanding anything to the contrary contained in this Article 6, Owner in writing in advance before award of any proposed Subcontractmay, which notice shall include summaries in a form acceptable to Owner of all Offers received for the at its sole discretion, require Construction Manager re-solicit Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers bids and Subcontract or supply contract awards, based on legal standards of responsibilityproposals.
11.3.6 CM/GC's subcontracting records are not intended 6.4.8 Construction Manager shall, and require Subcontractors to, comply with all prevailing wage requirements including State of Oregon Bureau of Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to be considered public records; providedthe Work. In the event both state and federal rates apply to the same Work, howeverthe higher rate requirements shall control.
6.4.9 Construction Manager shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that Owner arises due to Construction Manager’s failure to incorporate the relevant terms of this Article 6 and other agencies necessary provisions of the State Contract Documents in each Subcontract.
6.4.10 Construction Manager shall retain the right to audit and monitor the subcontracting process in order to protect the not alter any material term or condition of a Subcontract without Owner's interests’s prior written consent.
Appears in 2 contracts
Sources: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject Whilenotsubject to the competitive thecompetitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 The CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. The CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, the CM/GC shall submit to Owner an Offer comparison in a mutually agreeable form, together with anyspecificback-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by Owner's Authorized Representative; provided that such monitoring shall not excuse the CM/GC from compliance with the subcontracting requirements of this CM/GC Contract. The CM/GC shall cooperate in all respects with Owner's monitoring. Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and the CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to Owner’s Authorized Representative, and copiesof particular Offers if requested, prior to the CM/GC's selection of offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier, or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of the CM/GC.
11.3.3 The following minimum Thefollowingminimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. The CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers Offer’s will be written, and submitted to a specific location at a specific time. The CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by the CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) The CM/GC may develop and implement a prequalification process for particular solicitations (Earthwork, Concrete, Structural, Drywall, Roofing, Millwork & Cabinetry, Floor Coverings, Painting, Exterior Envelope (storefront, exterior glazing, etc.), Mechanical, Fire Protection, Electrical (General), Electrical (Data & Low Voltage), Fire Alarm, Access Control, security, any package involving installation of Specialized Equipment, plus any other Subcontract for which the CM/GC estimate exceeds $1,000,000), followed by selection of successful Offers among those offerors that the CM/GC determines meet the prequalification standards. The CM/GC may develop and implement a prequalification process for other solicitations, followed by selection of successful Offers among those Offerors offerors that the CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) The CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require the CM/GC to re-solicit for Offers based on the same or modified documents.
(g) The CM/GC shall review all Offers and shall work with Offerors offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, offeror and will ensure that any information provided by CM/GC thesame are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateofferors, and Owner shall be entitled to inspect such documentation on request.
(i) The CM/GC shall determine the lowest Offer for each solicitation that meets the CM/GC’s reasonable performance standards for the components thecomponents of the Work at issue; provided that if the CM/GC determines it is unable to execute a suitable subcontract with such Offerorofferor, the CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low low-price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require the CM/GC's agreement to establish and implement qualification and performance criteria for Offerorsofferors, including a scoring system within requests for proposals. Examples Special circumstances include, without limitation, the following: instances where there are only a single fabricators fabricator of materialsmaterials exists; special packaging requirements for Subcontractor work; design-build work or, where work; and instances in which an alternative contracting method can be demonstrated to clearly bedemonstrated toclearly benefit Owner.
11.3.5 The CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers supplier’s and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 The CM/GC's subcontracting records are shall not intended to be considered beconsidered public records; provided, however, that Owner and other agencies of Owner, the State shall retain Oregon Judicial Department (“OJD”) andtheOregon DepartmentofAdministrativeServices(“DAS”) shallretain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 2 contracts
Sources: Cm/Gc Contract, Construction Manager/General Contractor Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter Chapters 279A, 279B, or 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an the Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce reducing and capturing exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 2 contracts
Sources: Cm/Gc Contract, Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner’s monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC’s selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's ’s agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's ’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's ’s interests.
Appears in 2 contracts
Sources: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 The CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. The CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, the CM/GC shall submit to Owner an Offer comparison in a mutually agreeable form, together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by Owner’s Authorized Representative; provided that such monitoring shall not excuse the CM/GC from compliance with the subcontracting requirements of this CM/GC Contract. The CM/GC shall cooperate in all respects with Owner's monitoring. Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and the CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to Owner’s Authorized Representative, and copies of particular Offers if requested, prior to the CM/GC's selection of offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of the CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. The CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. The CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by the CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) The CM/GC may must develop and implement a prequalification process for particular solicitations, ; followed by selection of successful Offers among those Offerors offerors that the CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) The CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require the CM/GC to re-solicit for Offers based on the same or modified documents.
(g) The CM/GC shall review all Offers and shall work with Offerors offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, offeror and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateofferors, and Owner shall be entitled to inspect such documentation on request.
(i) The CM/GC shall determine the lowest Offer for each solicitation that meets the CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if the CM/GC determines it is unable to execute a suitable subcontract with such Offerorofferor, the CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require the CM/GC's agreement to establish and implement qualification and performance criteria for Offerorsofferors, including a scoring system within requests for proposals. Examples Special circumstances include, without limitation, the following: instances where there are only a single fabricators fabricator of materialsmaterials exists; special packaging requirements for Subcontractor work; design-build work or, where work; and instances in which an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 The CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 The CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner Owner, and other agencies of the State of Oregon shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 2 contracts
Sources: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC Contractor shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallContractor shall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, Contractor shall submit to Owner an Offer comparison in a mutually agreeable form, together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by Contractor may be monitored by Owner’s Authorized Representative; provided that such monitoring shall not excuse Contractor from compliance with the subcontracting requirements of this Contract. Contractor shall cooperate in all respects with Owner’s monitoring. Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and Contractor shall provide him or her with a summary or abstract of all Offers in form acceptable to Owner’s Authorized Representative, and copies of particular Offers if requested, prior to Contractor’s selection of offerors. Prior to opening Offers, Contractor agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of Contractor.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) 11.3.3.1 Solicitations will be advertised at least 10 Days days prior to opening in the Daily Journal of Commerce The Portland Tribune and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business Certified Firm audience. CM/GC Contractor also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) 11.3.3.2 Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC Contractor shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) 11.3.3.3 If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GCContractor), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC 11.3.3.4 Contractor may develop and implement a prequalification process for particular solicitations (Earthwork, Concrete, Seismic, Structural, Drywall, Roofing, Millwork & Cabinetry, Elevators, Floor Coverings, Painting, Exterior Envelope (storefront, exterior glazing, etc.), Mechanical, Fire Protection, Electrical (General), Electrical (Data & Low Voltage), Fire Alarm, Access Control, security, any package involving installation of Specialized Equipment, plus any other Subcontract for which Contractor estimate exceeds $1,000,000), followed by selection of successful Offers among those offerors that Contractor determines meet the prequalification standards. Contractor may develop and implement a prequalification process for other solicitations, followed by selection of successful Offers among those Offerors offerors that CM/GC Contractor determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC 11.3.3.5 Contractor shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) 11.3.3.6 Owner may, may at its sole discretion, require CM/GC Contractor to re-solicit for Offers based on the same or modified documents.
(g) CM/GC 11.3.3.7 Contractor shall review all Offers and shall work with Offerors offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC 11.3.3.8 Contractor will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to or from any Offeror prior to the receipt of Offers, offeror and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateofferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC 11.3.3.9 Contractor shall determine the lowest Offer for each solicitation that meets CM/GCContractor’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC Contractor determines it is unable to execute a suitable subcontract with such Offerorofferor, CM/GC Contractor may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's Contractor’s agreement to establish and implement qualification and performance criteria for Offerorsofferors, including a scoring system within requests for proposals. Examples Special circumstances include, without limitation, the following: instances where there are only a single fabricators fabricator of materialsmaterials exists; special packaging requirements for Subcontractor work; design-build work or, where work; and instances in which an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC Contractor shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's Contractor’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's ’s interests.
Appears in 1 contract
Sources: Construction Services Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter Chapters 279A, 279B, or 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an the Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce reducing and capturing exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will shall be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, solicitations followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rate requirements. The rates as specified that apply to this Project are described in the RFPArticle 3.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will shall document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: direct award packages created for the purpose of increasing Subcontractor and supplier diversity, where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative Owner its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by Owner, provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audienceCommerce. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp timestamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, with questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low low-price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: include where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Construction Manager/General Contractor (Cm/Gc) Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11After Construction Manager and Owner have agreed to potential bidders from the Potential Subcontractor List (the “Qualified Bidders”), the selection Construction Manager shall solicit from such Qualified Bidders at least three (3) competitive bids or proposals for each Subcontract. If Construction Manager is unable to solicit three (3) or more competitive bids or proposals for a division of all Subcontractors and suppliers Work, Owner’s prior written approval shall be made by competitive Offers in required to accept any bid or proposal for that Work. [If Owner approves a manner that will not encourage favoritism or substantially diminish competition. While not subject Prequalification Plan, Construction Manager may award Subcontracts to firms meeting the competitive procurement requirements of ORS Chapter 279CPrequalification Plan’s standards, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallprior written approval.]
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening 6.4.1 Unless Owner otherwise approves in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Ownerwriting, all Offers will Subcontract bids and proposals shall be writtenin writing, and submitted to a specific location at a specific time. CM/GC Construction Manager shall time-time- stamp all Offers as bids and proposals when received.
6.4.2 Construction Manager shall coordinate and conduct the bid or proposal opening process. Subcontractors must Owner Parties shall have the right, but not the obligation, to be qualified present for all bid and proposal openings, scope review meetings, and negotiations, and shall have access to perform all submission materials in Construction Manager’s possession.
6.4.3 Prior to award, Construction Manager shall: (i) prepare and deliver to Owner Parties a bid tabulation in a mutually agreeable form clearly comparing such bids and proposals, together with any specific back-up documentation Owner requests; (ii) review the Work for this Project by being appropriately registered apparent low bids and proposals and (iii) work with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on firms offering the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offersclarify, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the potential Change Order processOrders and Claims.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC 6.4.4 Construction Manager shall determine the lowest Offer bid for each solicitation that meets CM/GCthe requirements of this Article 6 and Construction Manager’s reasonable performance standards for the components of the Work at issuestandards; provided that provided, however, if CM/GC determines it Construction Manager is unable to execute enter into a suitable subcontract Subcontract with such Offerora low bidder, CM/GC Construction Manager may, with Owner’s prior written approval, execute a subcontract Subcontract with the second-second- lowest Offeror bidder pursuant to Article 11.3.4 Section 6.4.5 below.
11.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by Ownerauthorization, Work Construction Manager may be subcontracted permitted to Subcontract on a basis other than a low price basisprice, including without limitation, through by competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where of such special circumstances include when there are single fabricators of materials; specified Materials, special packaging requirements for Subcontractor work; Work, design-build work orWork, and where an alternative contracting method can be demonstrated to clearly benefit OwnerOwner and the Project. As a condition to such authorization, Owner may require that Construction Manager agree to establish and implement qualification and performance criteria for Subcontractors in these circumstances, including a scoring system within requests for proposals.
11.3.5 CM/GC 6.4.6 Owner Parties shall notify have the right, but not the obligation, to monitor Construction Manager’s competitive Subcontract award process. Construction Manager shall cooperate in all respects with Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issueParties’ monitoring. Owner reserves Parties’ monitoring shall not excuse Construction Manager from complying with the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibilityContract Documents’ requirements.
11.3.6 CM/GC's subcontracting records are not intended 6.4.7 Notwithstanding anything to be considered public records; providedthe contrary contained in this Article 6, howeverOwner may, at its sole discretion, require Construction Manager re-solicit Subcontract bids and proposals.
6.4.8 Construction Manager shall, and require Subcontractors to, comply with all prevailing wage requirements including State of Oregon Bureau of Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the Work. In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.
6.4.9 Construction Manager shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that Owner arises due to Construction Manager’s failure to incorporate the relevant terms of this Article 6 and other agencies necessary provisions of the State Contract Documents in each Subcontract.
6.4.10 Construction Manager shall retain the right to audit and monitor the subcontracting process in order to protect the not alter any material term or condition of a Subcontract without Owner's interests’s prior written consent.
Appears in 1 contract
Sources: Construction Manager at Risk and General Contractor Agreement
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.. SAMPLE
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is locatedLake Oswego Review, in order to allow for local participation in the solicitation process. The solicitation shall also be posted on the City’s public contracting solicitation webpage.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific timetime or in accordance with the electronic solicitation instruction. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 CM/GC's subcontracting records that are not intended to in the possession of the Owner shall not be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.. SAMPLE
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.all
11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative Owner its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by Owner, provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audienceCommerce. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp timestamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, with questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low low-price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: include where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter Chapters 279A, 279B, or 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an the Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.suitable
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Cm/Gc Contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Agreement. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will shall be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, solicitations followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rate requirements. The rates as specified that apply to this Project are described in the RFPArticle 3.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will shall document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: direct award packages created for the purpose of increasing Subcontractor and supplier diversity, where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will shall be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, solicitations followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rate requirements. The rates as specified that apply to this Project are described in the RFP.Article
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will shall document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 9.3.1 Unless otherwise provided under this Article 119, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 9.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be reasonably monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial or other interest or relationship it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 9.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) A. All contracts must be awarded by a competitive bid process consistent with Oregon State law.
B. Solicitations will be advertised at least 10 21 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audienceCommerce. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) C. Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors BoardCM/GCs Board or by being listed on the City of Lebanon Approved CM/GCs list for specified work as applicable.
(c) D. If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) E. CM/GC may develop and implement a prequalification process for particular solicitations, ; followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) F. CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) G. Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) H. CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) I. The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) J. CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if . If CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 Section 9.3.4 below.
11.3.4 9.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As Under such circumstances and as a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 9.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier.
11.3.6 9.3.6 CM/GC's subcontracting records are not intended to may be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by the CM/GC may be
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions with, questions received from, or answers and responses given to, any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal date, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC Contractor shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallContractor shall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, Contractor shall submit to Owner an Offer comparison in a mutually agreeable form, together with any specific back-up documentation requested by Owner. The competitive process used to award subcontracts by Contractor may be monitored by Owner’s Authorized Representative; provided that such monitoring shall not excuse Contractor from compliance with the subcontracting requirements of this Contract. Contractor shall cooperate in all respects with Owner’s monitoring. Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and Contractor shall provide him or her with a summary or abstract of all Offers in form acceptable to Owner’s Authorized Representative, and copies of particular Offers if requested, prior to Contractor’s selection of offerors. Prior to opening Offers, Contractor agrees to disclose in writing to Owner any financial interest it has in any
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) 11.3.3.1 Solicitations will be advertised at least 10 Days days prior to opening in the Daily Journal of Commerce The Portland Tribune and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business Certified Firm audience. CM/GC Contractor also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) 11.3.3.2 Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC Contractor shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) 11.3.3.3 If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GCContractor), prior written approval by Owner shall be required to accept an Offer.
(d) CM/GC 11.3.3.4 Contractor may develop and implement a prequalification process for particular solicitations (Earthwork, Concrete, Seismic, Structural, Drywall, Roofing, Millwork & Cabinetry, Elevators, Floor Coverings, Painting, Exterior Envelope (storefront, exterior glazing, etc.), Mechanical, Fire Protection, Electrical (General), Electrical (Data & Low Voltage), Fire Alarm, Access Control, security, any package involving installation of Specialized Equipment, plus any other Subcontract for which Contractor estimate exceeds $1,000,000), followed by selection of successful Offers among those offerors that Contractor determines meet the prequalification standards. Contractor may develop and implement a prequalification process for other solicitations, followed by selection of successful Offers among those Offerors offerors that CM/GC Contractor determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC 11.3.3.5 Contractor shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) 11.3.3.6 Owner may, may at its sole discretion, require CM/GC Contractor to re-solicit for Offers based on the same or modified documents.
(g) CM/GC 11.3.3.7 Contractor shall review all Offers and shall work with Offerors offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC 11.3.3.8 Contractor will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to or from any Offeror prior to the receipt of Offers, offeror and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateofferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC 11.3.3.9 Contractor shall determine the lowest Offer for each solicitation that meets CM/GCContractor’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC Contractor determines it is unable to execute a suitable subcontract with such Offerorofferor, CM/GC Contractor may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's Contractor’s agreement to establish and implement qualification and performance criteria for Offerorsofferors, including a scoring system within requests for proposals. Examples Special circumstances include, without limitation, the following: instances where there are only a single fabricators fabricator of materialsmaterials exists; special packaging requirements for Subcontractor work; design-build work or, where work; and instances in which an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC Contractor shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
11.3.6 CM/GC's Contractor’s subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's ’s interests.
Appears in 1 contract
Subcontractor Selection. 11.3.1 Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter Chapters 279A, 279B, or 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
11.3.2 CM/GC shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shallshall consider and respond to all Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form together with any specific back-up requested by Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this Contract. CM/GC shall cooperate in all respects with Owner's monitoring. The Owner’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer openings, and CM/GC shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner’s Authorized Representative, and copies of particular Offers if requested, prior to CM/GC's selection of Offerors. Prior to opening Offers, the CM/GC agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
11.3.3 The following minimum requirements apply to the Subcontract solicitation process:
(a) Solicitations will be advertised at least 10 Days prior to opening in the Daily Journal of Commerce and at least one other newspaper specifically targeted to reach the Minority, Women and Emerging Small Business audience. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
(b) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. CM/GC shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(c) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GC), prior written approval by Owner shall be required to accept an the Offer.
(d) CM/GC may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(e) CM/GC shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates as specified in the RFP.
(f) Owner may, may at its sole discretion, require CM/GC to re-solicit for Offers based on the same or modified documents.
(g) CM/GC shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(h) The CM/GC will document any and all discussions withdiscussions, questions received fromand answers, or answers modifications and responses given to, to from any Offeror prior to the receipt of Offers, and will ensure that any information provided by CM/GC the same are distributed to any Offeror that might affect Offers submitted by other Offerors is shared with all Offerors prior to the Offer submittal dateOfferors, and Owner shall be entitled to inspect such documentation on request.
(i) CM/GC shall determine the lowest Offer for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such Offeror, CM/GC may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 11.3.4 below.
11.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner.
11.3.5 CM/GC shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's subcontracting records are shall not intended to be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting process in order to protect the Owner's interests.
Appears in 1 contract
Sources: Cm/Gc Contract