Common use of Subcontractor Selection Clause in Contracts

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12, 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 279, 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. 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 shall 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 below. 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. 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. 12.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12After 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 279Prequalification 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. 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review 6.4.1 Unless Owner otherwise approves in writing, all Subcontract bids and comment before they are issued for solicitation. CM/GC shall 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 proposals shall be advised in advance of and be given the opportunity to be present at Offer openingswriting, 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 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 the Owner shall be required to accept 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the 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 the Owner’s prior written approval, execute a subcontract Subcontract with the second-lowest Offeror bidder pursuant to Article 12.3.4 Section 6.4.5 below. 12.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by the 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, 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 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 Owner and the OwnerProject. 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. 12.3.5 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 Parties’ monitoring. Owner Parties’ monitoring shall include summaries in a form acceptable not excuse Construction Manager from complying with the Contract Documents’ requirements. 6.4.7 Notwithstanding anything to the contrary contained in this Article 6, Owner 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 all Offers received for Oregon Bureau of Labor & Industries prevailing wage rates and Xxxxx-Xxxxx federal wage rates as and when applicable to the Subcontract at issueWork. The 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 reserves Parties, from and against any Subcontractor claim that arises due to Construction Manager’s failure to incorporate the right to disapprove any proposed Subcontractors, suppliers relevant terms of this Article 6 and Subcontract or supply contract awards, based on legal standards other necessary provisions of responsibility. The Owner the Contract Documents in each Subcontract. 6.4.10 Construction Manager shall not unreasonably disapprove alter any proposed Subcontractor material term or supplier and increased costs due to the condition of a Subcontract without Owner's disapproval shall be cause for an increase in the GMP’s prior written consent. 12.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.be 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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.all 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 The CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. The CM/GC shall consider and respond to all the Owner’s Owner comments regarding any proposed Offer packages. As Offers are received, the CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form form, together with any specific backanyspecificback-up documentation requested by the Owner. The competitive process used to award subcontracts by the CM/GC may be monitored by the Owner’s '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 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 the 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 copiesof particular Offers if requested, prior to the CM/GC's selection of Offerorsofferors. 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 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. 12.3.3 The following minimum 11.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (b) Unless specific other prior arrangement has been made with the 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 the Owner shall be required to accept the 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 the 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) The Owner 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, questions and answers, modifications and responses to from any Offeror offeror and ensure that the same thesame are distributed to all Offerorsofferors, and the 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 the Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 12.3.4 11.3.4 below. 12.3.4 11.3.4 Under special circumstances and only with prior written authorization by the 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, the 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 the Owner. 12.3.5 11.3.5 The 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 supplier’s 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. 12.3.6 11.3.6 The CM/GC's subcontracting records shall not be considered beconsidered public records; provided, however, that Owner, the Owner and other agencies of 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 The CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. The CM/GC shall consider and respond to all the Owner’s Owner comments regarding any proposed Offer packages. As Offers are received, the CM/GC shall submit to the Owner an Offer comparison in a mutually agreeable form form, together with any specific back-up documentation 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 the CM/GC from compliance with the subcontracting requirements of this CM/GC Contract. The 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 the 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 the CM/GC's selection of Offerorsofferors. 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 the CM/GC. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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. 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 the Owner shall be required to accept the 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 the 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) The Owner 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, questions and answers, modifications and responses to from any Offeror offeror and ensure that the same are distributed to all Offerorsofferors, and the 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 the Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 12.3.4 11.3.4 below. 12.3.4 11.3.4 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 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 the Owner. 12.3.5 11.3.5 The 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. 12.3.6 11.3.6 The CM/GC's subcontracting records shall not be considered public records; provided, however, that the 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.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12After 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 279Prequalification 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. 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review prior written approval.] 6.4.1 Unless Owner otherwise approves in writing, all Subcontract bids and comment before they are issued for solicitation. CM/GC shall 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 proposals shall be advised in advance of and be given the opportunity to be present at Offer openingswriting, 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 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 the Owner shall be required to accept 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the 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 the Owner’s prior written approval, execute a subcontract Subcontract with the second-second- lowest Offeror bidder pursuant to Article 12.3.4 Section 6.4.5 below. 12.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by the 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, 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 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 Owner and the OwnerProject. 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. 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 6.4.7 Notwithstanding anything to the contrary contained in this Article 6, Owner 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 all Offers received for Oregon Bureau of Labor & Industries prevailing wage rates and Xxxxx-Xxxxx federal wage rates as and when applicable to the Subcontract at issueWork. The 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 reserves Parties, from and against any Subcontractor claim that arises due to Construction Manager’s failure to incorporate the right to disapprove any proposed Subcontractors, suppliers relevant terms of this Article 6 and Subcontract or supply contract awards, based on legal standards other necessary provisions of responsibility. The Owner the Contract Documents in each Subcontract. 6.4.10 Construction Manager shall not unreasonably disapprove alter any proposed Subcontractor material term or supplier and increased costs due to the condition of a Subcontract without Owner's disapproval shall be cause for an increase in the GMP’s prior written consent. 12.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279Chapters 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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 ’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 ’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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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 ’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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's ’s subcontracting records shall not 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 ’s interests.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall 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.shall 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.excuse 12.3.3 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 of general circulation in specifically targeted to reach the area where the contract is to be performed Minority, Women and in as many additional issues and publications as the Emerging Small Business audience. CM/GC may determinealso agrees to advertise in the Lake 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 the 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 the Owner shall be required to accept the 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 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 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records that are not in the possession of the Owner shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279Chapters 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.opening 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 9.3.1 Unless otherwise provided under this Article 129, 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 279279C, 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. 12.3.2 CM/GC 9.3.2 Contractor shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC Contractor shall consider and respond to all the Owner’s Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit will allow Owner to the Owner an Offer comparison participate in a mutually agreeable form together all solicitation processes, and will act in accordance 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 input and direction in all aspects of 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 process, including but not limited to be present at Offer openingspreparing bids, reviewing Offers, 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. securing subcontracts. 9.3.3 Prior to opening Offers, the CM/GC Contractor agrees to disclose in writing to the 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 workWork, directly or indirectly, including whether such party is an Affiliate of CM/GC. 12.3.3 Contractor. The following minimum requirements apply to the Subcontract subcontract solicitation process: (a) Solicitations will be advertised at least 10 Days prior to opening in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 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. (cb) If fewer than three (3) Offers are submitted in response to any solicitation (inclusive of any Offer submitted by CM/GCContractor), prior written priorwritten approval by the Owner shall be required to accept the an Offer. (dc) CM/GC Contractor may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC Contractor determines meet the prequalification standards, with the Owner’s prior written approval of such prequalification process. (ed) CM/GC Contractor shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates. The rates as specified in effect at the RFPtime the Contract becomes a public works contract, for purposes of the prevailing wage requirements, are the applicable rates to be used for the duration of the Project. The Contract becomes a Public Works contract when executed. (fe) The Owner may may, at its sole discretion, require CM/GC Contractor to re-solicit for Offers based on the same or modified documents. (gf) CM/GC Contractor 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. (hg) The CM/GC Contractor will document any and all discussions, questions and answers, modifications modifications, and responses to or from any Offeror and ensure that the same are distributed to all Offerors, and the Owner shall be entitled to inspect such documentation on request. (ih) CM/GC 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 . If Contractor determines it is unable to execute a suitable subcontract with such Offeror, CM/GC Contractor may, with the Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 12.3.4 Section 9.3.4 below. 12.3.4 9.3.4 Under special circumstances and only with prior written authorization by the Owner, Work may be subcontracted on other than a low low-price basis, including without limitation, limitation through competitive negotiation. As Under such circumstances and as a condition to its authorization, the Owner may require CM/GC's Contractor’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. 12.3.5 CM/GC 9.3.5 Contractor 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 suppliers, and Subcontract 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 GMPsupplier. 12.3.6 CM/GC's 9.3.6 Contractor’s subcontracting records shall not may be considered public records; provided, however, that the . The Owner and other agencies of the State shall its representatives retain the right to audit and monitor the subcontracting process in order to protect the Owner's ’s interests.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 CM/GC 11.3.2 Contractor shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC Contractor shall consider and respond to all the Owner’s Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC Contractor shall submit to the Owner an Offer comparison in a mutually agreeable form form, together with any specific back-up documentation requested by the Owner. The competitive process used to award subcontracts by the CM/GC Contractor may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC Contractor from compliance with the subcontracting requirements of this Contract. CM/GC Contractor shall cooperate in all respects with the Owner's ’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 Contractor 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 Contractor’s selection of Offerorsofferors. Prior to opening Offers, the CM/GC Contractor 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/GCContractor. 12.3.3 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 Portland Tribune and at least one other newspaper of general circulation specifically targeted to reach the Certified Firm audience. Contractor also agrees to advertise in a local community newspaper in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (b) 11.3.3.2 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 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 the Owner shall be required to accept the 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 the 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) The 11.3.3.6 Owner 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, questions and answers, modifications and responses to or from any Offeror offeror and ensure that the same are distributed to all Offerorsofferors, and the 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 the Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 12.3.4 11.3.4 below. 12.3.4 11.3.4 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 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 the Owner. 12.3.5 CM/GC 11.3.5 Contractor 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. 12.3.6 CM/GC's 11.3.6 Contractor’s subcontracting records shall not 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 ’s interests.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12After Design-Builder and Owner have agreed to potential bidders from the Potential Subcontractor List (the “Qualified Bidders”), the selection Design-Builder shall solicit from such Qualified Bidders at least three (3) competitive bids or proposals for each Subcontract. If Design- Builder 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, Design-Builder may award Subcontracts to firms meeting the competitive procurement requirements of ORS Chapter 279Prequalification 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. 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review prior written approval.] 2.5.1 Unless Owner otherwise approves in writing, all Subcontract bids and comment before they are issued for solicitation. CM/GC shall 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 proposals shall be advised in advance of and be given the opportunity to be present at Offer openingswriting, 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 Design-Builder shall time-stamp all Offers as bids and proposals when received. 2.5.2 Design-Builder 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 Design- Builder’s possession. 2.5.3 Prior to award, Design-Builder 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 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 the Owner shall be required to accept 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the Owner shall be entitled to inspect such documentation on request. (i) CM/GC 2.5.4 Design-Builder shall determine the lowest Offer bid for each solicitation that meets CM/GC’s the requirements of this Section 2.5 and Design-Builder's reasonable performance standards for the components of the Work at issuestandards; provided that provided, however, if CM/GC determines it Design-Builder is unable to execute enter into a suitable subcontract Subcontract with such Offerora low bidder, CM/GC Design- Builder may, with the Owner’s 's prior written approval, execute a subcontract Subcontract with the second-lowest Offeror bidder pursuant to Article 12.3.4 Section 2.5.5 below. 12.3.4 2.5.5 Under special circumstances and only with Owner’s prior written authorization by the Ownerauthorization, Work Design-Builder 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, 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 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 Owner and the OwnerProject. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in these circumstances, including a scoring system within requests for proposals. 12.3.5 CM/GC 2.5.6 Owner Parties shall notify have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner in writing in advance before award of any proposed Subcontract, which notice Parties’ monitoring. Owner Parties’ monitoring shall include summaries in a form acceptable not excuse Design-Builder from complying with the Contract Documents’ requirements. 2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals. 2.5.8 [Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of all Offers received for Oregon Bureau of Labor & Industries prevailing wage rates and Xxxxx-Xxxxx federal wage rates as and when applicable to the Subcontract at issueWork. The In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.] [Confirm if required – project specific] 2.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner reserves Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the right to disapprove any proposed Subcontractors, suppliers relevant terms of this Article 2 and Subcontract or supply contract awards, based on legal standards other necessary provisions of responsibility. The Owner the Contract Documents in each Subcontract. 2.5.10 Design-Builder shall not unreasonably disapprove alter any proposed Subcontractor material term or supplier and increased costs due to the condition of a Subcontract without Owner's disapproval shall be cause for an increase in the GMPprior written consent. 12.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.this 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below.. SAMPLE 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.be 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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.. 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 the Owner shall be required to accept the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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.all 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279Chapters 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 CM/GC shall submit to the Owner’s Authorized Representative Owner its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall consider and respond to all the Owner’s 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 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 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 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. 12.3.3 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 at least one the Daily Journal of Commerce. CM/GC also agrees to advertise in a local community newspaper of general circulation in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 the Owner shall be required to accept the 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 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 discussionsdiscussions with questions received from, questions and answers, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 Under special circumstances and only with prior written authorization by the 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, 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: 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 rate requirements. The rates as specified that apply to this Project are described in the RFPArticle 3. (f) The 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 shall document any and all discussions, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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: 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 the Owner. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.be 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 9.3.1 Unless otherwise provided under this Article 129, 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 279279C, 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. 12.3.2 9.3.2 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 shall consider and respond to all the Owner’s 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 the 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 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 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. 12.3.3 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 at least one the Daily Journal of Commerce. CM/GC also agrees to advertise in a local community newspaper of general circulation in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (b) C. 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 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 the Owner shall be required to accept the 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 the 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) The G. Owner 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 the Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 12.3.4 Section 9.3.4 below. 12.3.4 9.3.4 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 Under such circumstances and 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. 12.3.5 9.3.5 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 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 GMPsupplier. 12.3.6 9.3.6 CM/GC's subcontracting records shall not may 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.to 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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 ContractAgreement. 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 rate requirements. The rates as specified that apply to this Project are described in the RFPArticle 3. (f) The 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 shall document any and all discussions, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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: 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 the Owner. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 discussionsdiscussions with, questions and answersreceived from, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12After Design-Builder and Owner have agreed to potential bidders from the Potential Subcontractor List (the “Qualified Bidders”), the selection Design-Builder shall solicit from such Qualified Bidders at least three (3) competitive bids or proposals for each Subcontract. If Design- Builder 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 a manner required to accept any bid or proposal for that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279, 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 practicesWork. 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review 2.5.1 Unless Owner otherwise approves in writing, all Subcontract bids and comment before they are issued for solicitation. CM/GC shall 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 proposals shall be advised in advance of and be given the opportunity to be present at Offer openingswriting, 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 Design-Builder shall time-stamp all Offers as bids and proposals when received. 2.5.2 Design-Builder 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 Design- Builder’s possession. 2.5.3 Prior to award, Design-Builder 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 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 the Owner shall be required to accept 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the Owner shall be entitled to inspect such documentation on request. (i) CM/GC 2.5.4 Design-Builder shall determine the lowest Offer bid for each solicitation that meets CM/GC’s the requirements of this Section 2.5 and Design-Builder's reasonable performance standards for the components of the Work at issuestandards; provided that provided, however, if CM/GC determines it Design-Builder is unable to execute enter into a suitable subcontract Subcontract with such Offerora low bidder, CM/GC Design- Builder may, with the Owner’s 's prior written approval, execute a subcontract Subcontract with the second-lowest Offeror bidder pursuant to Article 12.3.4 Section 2.5.5 below. 12.3.4 2.5.5 Under special circumstances and only with Owner’s prior written authorization by the Ownerauthorization, Work Design-Builder 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, 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 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 Owner and the OwnerProject. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in these circumstances, including a scoring system within requests for proposals. 12.3.5 CM/GC 2.5.6 Owner Parties shall notify have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner in writing in advance before award of any proposed Subcontract, which notice Parties’ monitoring. Owner Parties’ monitoring shall include summaries in a form acceptable not excuse Design-Builder from complying with the Contract Documents’ requirements. 2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals. 2.5.8 Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of all Offers received for Oregon Bureau of Labor & Industries prevailing wage rates and Xxxxx-Xxxxx federal wage rates as and when applicable to the Subcontract at issueWork. The In the event both state and federal rates apply to the same Work, the higher rate requirements shall control. 2.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner reserves Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the right to disapprove any proposed Subcontractors, suppliers relevant terms of this Article 2 and Subcontract or supply contract awards, based on legal standards other necessary provisions of responsibility. The Owner the Contract Documents in each Subcontract. 2.5.10 Design-Builder shall not unreasonably disapprove alter any proposed Subcontractor material term or supplier and increased costs due to the condition of a Subcontract without Owner's disapproval shall be cause for an increase in the GMPprior written consent. 12.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 CM/GC 11.3.2 Contractor shall submit to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC Contractor shall consider and respond to all the Owner’s Owner comments regarding any proposed Offer packages. As Offers are received, CM/GC Contractor shall submit to the Owner an Offer comparison in a mutually agreeable form form, together with any specific back-up documentation requested by the Owner. The competitive process used to award subcontracts by the CM/GC Contractor may be monitored by the Owner’s Authorized Representative; provided that such monitoring shall not excuse CM/GC Contractor from compliance with the subcontracting requirements of this Contract. CM/GC Contractor shall cooperate in all respects with the Owner's ’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 Contractor 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 Contractor’s selection of Offerorsofferors. Prior to opening Offers, the CM/GC Contractor 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.any 12.3.3 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 Portland Tribune and at least one other newspaper of general circulation specifically targeted to reach the Certified Firm audience. Contractor also agrees to advertise in a local community newspaper in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (b) 11.3.3.2 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 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 the Owner shall be required to accept the 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 the 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) The 11.3.3.6 Owner 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, questions and answers, modifications and responses to or from any Offeror offeror and ensure that the same are distributed to all Offerorsofferors, and the 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 the Owner’s prior approval, execute a subcontract with the second-lowest Offeror offeror pursuant to Article 12.3.4 11.3.4 below. 12.3.4 11.3.4 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 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 the Owner. 12.3.5 CM/GC 11.3.5 Contractor 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. 12.3.6 CM/GC's 11.3.6 Contractor’s subcontracting records shall not 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 ’s interests.

Subcontractor Selection. 12.3.1 1) All Subcontractors performing Work must be, as legally required or appropriate for the Work they are performing, registered or licensed by the following before such Subcontractors commence Work and for the duration of the subcontract: i. The Construction Contractors’ Board in accordance with ORS 701.035 to 701.138; ii. The State Board of Examiners for Engineering and Land Surveying in accordance with ORS 672.002 to 672.325; iii. The State Board of Architect Examiners in accordance with ORS 671.010 to 671.220; iv. The State Landscape Architect’s Board in accordance with ORS 671.310 to 671.459; or v. The State Landscape Contractor’s Board in accordance with ORS 671.510 to 671.710. 2) These registration and licensing requirements shall also apply to employees of the CM/GC and it shall require and ensure that they are in compliance. 3) The CM/GC shall pay and comply with, and require Subcontractors to pay and comply with State prevailing wage rates in effect at the time of execution of the first Early Work Amendment, or if no Early Work Amendment is executed, at the time the GMP Amendment is executed, as listed in the BOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon”, and any amendments thereto. The higher of those rates shall be incorporated in the Contract and shall then apply throughout the remainder of the Project. 4) The CM/GC shall review all bids and shall work with bidders to clarify submitted bids, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process. 5) Unless otherwise provided under this Article 1211., the selection of all Subcontractors and suppliers shall be made by competitive Offers bidding in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279279C, the process shall conform to the following proceduresprocedures discussed herein, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices. 12.3.2 6) CM/GC shall submit to the OwnerCity’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall consider and respond to all the Owner’s City comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the Owner City an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by the OwnerCity. The competitive process used to award subcontracts by the CM/GC may be monitored by the OwnerCity’s Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the subcontracting requirements of this ContractAgreement. CM/GC shall cooperate in all respects with the OwnerCity's monitoring. The OwnerCity’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at Offer bid openings, and CM/GC shall provide him or her with a summary or abstract of all Offers bids in a form acceptable to the OwnerCity’s Authorized Representative, and copies of particular Offers bids if requested, prior to CM/GC's selection of Offerorsbids. Prior to opening Offersbids, the CM/GC agrees to disclose in writing to the Owner City 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 workWork, directly or indirectly, including whether such party is an Affiliate of CM/GC. 12.3.3 7) The following minimum requirements apply to the Subcontract solicitation process: For solicitations where the resulting subcontract estimated to exceed $100,000: (a) i. Solicitations will shall be advertised at least 10 Days ten (10) business days prior to opening in at least one the Daily Journal of Commerce. CM/GC also agrees to advertise in a local community newspaper of general circulation in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (b) ii. Unless specific other prior arrangement has been made with the OwnerCity representative, all Offers bids will be written, and submitted to a specific location at a specific time. CM/GC shall time/date-stamp all Offers bids 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) iii. If fewer than three (3) Offers bids are submitted in response to any solicitation estimated to exceed $100,000, (inclusive of any Offer bid submitted by CM/GC), prior written approval by the Owner a City representative shall be required to accept the Offera bid. (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 iv. City may at its sole discretion, require CM/GC to re-solicit for Offers bids based on the same or modified documents. (g) v. The 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, questions and answers, modifications and responses to from any Offeror bidder and ensure that the same are distributed to all Offerorsbidders, and the Owner City shall be entitled to inspect such documentation on request. (i) vi. CM/GC shall determine the lowest Offer responsive and responsible bid 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 Offerorbidder, CM/GC may, with the OwnerCity’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 12.3.4 paragraph 11.c.9) below. CM/GC may alternatively utilize a solicitation method whereby both price and subcontractor qualifications are evaluated. In such case, the solicitation method and evaluation process must be documented in writing, must be competitive, fair and open, and must be prior approved by City. City reserves the right to approve such a method on a case by case basis. For solicitations where the resulting subcontract estimated to be below $100,000: i. Solicitations must be publically advertised in any or all of the following methods: electronically, in the Oregon Daily Journal of Commerce, or a local community newspaper. 12.3.4 ii. Unless specific other prior arrangement has been made with the City representative, all bids will be written, and submitted to a specific location or email address at a specific time. Quotes may be sent and submitted electronically. CM/GC shall retain a record of the time and date all quotes are received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board. iii. A minimum of three (3) written quotes must be solicited. CM/GC may consider price and other qualifications in awarding such subcontracts. Generally: i. CM/GC may develop and implement a prequalification process in accordance with Oregon Revised Statutes for competitive bidding for particular solicitations, followed by selection of successful bids among those bidders that CM/GC determines meet the prequalification standards, with City’s prior written approval of such prequalification process. ii. The CM/GC shall comply, and require Subcontractor compliance, with the State of Oregon Bureau of Labor & Industries prevailing wage rate requirements. The wage rates that apply to this Project are described in paragraph C.1. of Exhibit A - General Conditions. 8) Under special circumstances and only with prior written authorization by the OwnerCity, 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 City may require CM/GC's agreement to establish and implement qualification and performance criteria for Offerorsbidders, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor workWork; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit City. Such alternative procurements may, at the Ownersole determination of the City, be subject to the City’s procurement policies. 12.3.5 9) When the Subcontractor selection process for a particular Work package will not be “competitive” as provided for in paragraph 11.c.5., the process must meet the following requirements: i. The CM/GC must prepare and submit a written justification to the City explaining the project circumstances that support a non-competitive Subcontractor selection process for a particular Work package, including, but not limited to, Emergency circumstances, the CM/GC’s need to utilize a key Subcontractor member of the CM/GC’s project team consistent with the CM/GC’s project proposal, the need to meet other specified Contract requirements, the continuation or expansion of an existing Subcontractor agreement that was awarded through a “competitive process” along with facts supporting the continuation or expansion of the Subcontractor agreement, or a “sole source” justification. ii. For a “sole source” selection of a subcontractor to proceed, the Contracting Agency must evaluate the written justification provided by the CM/GC and must find that critical project efficiencies require utilization of labor, services or materials from one subcontractor; that technical compatibility issues on the project require labor, services or materials from one subcontractor; that particular labor, services or materials are needed as part of an experimental or pilot project or as part of an experimental or pilot aspect of the project; or that other project circumstances exist to support the conclusion that the labor, services or materials are available from only one subcontractor; iii. If required by the City,the CM/GC must provide an independent cost estimate for the Work package that will be subject to the non-competitive process. iv. The CM/GC must fully respond to all City questions or comments pertaining to a proposed or completed non-competitive selection process or associated Work package. v. The City must approve the CM/GC’s use of the non-competitive Subcontractor selection process prior to the CM/GC’s pursuit of the non-competitive process. 10) A competitive selection process may be preceded by a publicly advertised subcontractor pre- qualification process, with only those subcontractors meeting the pre-qualificaiton requirements being invited to participate in the later competitive process through which the CM/GC will select the subcontractor to perform the construction Work described in the selection process; 11) If the CM/GC or an Affiliate or subsidiary of the CM/GC will be included in the subcontractor selection process to perform particular construction Work on the project: i. the CM/GC must disclose that fact in the selection process documents and announcements. 12) CM/GC shall notify the Owner City in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to the Owner City of all Offers bidders received for the Subcontract at issue. The Owner City reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. The Owner City shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to the OwnerCity's disapproval shall be cause for an increase in the GMP. Notification shall be made with suitable time for review and comment/approval by the City before issuance of the Subcontract for execution. 12.3.6 13) The CM/GC shall notify the City in the event that it receives an objection or protest in response to subcontractor selection. The City must approve the CM/GC’s proposed resolution to any such objections or protests, prior to the CM/GC implementing the resolution. 14) Briefings for Unsuccessful Subcontractors. Unsuccessful subcontractors will be allowed 60 days from the CM/GC’s notice of award of a subcontract for a particular Work package to request, in 15) CM/GC's subcontracting records shall not be considered public records; provided, however, that the Owner City and other agencies of the State shall retain the right to inspect, audit and monitor the subcontracting process in order to protect the OwnerCity's interests.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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.be 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 the 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 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 rate requirements. The rates as specified that apply to this Project are described in the RFP.Article (f) The 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 shall document any and all discussions, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 1211, the selection of all Subcontractors and suppliers shall be made by competitive or negotiated Offers. Competitive Offers shall be made in a manner that will not encourage favoritism or substantially diminish competition. While not subject Negotiated Offers shall be conducted in a manner offering best value to the competitive procurement requirements of ORS Chapter 279, the Owner. The process for making Competitive Offers shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices. 12.3.2 CM(a) The Construction Manager at Risk, in cooperation with the Owner and design professional, shall be responsible for the solicitation of the subcontractors, sub- subcontractors and suppliers as necessary, to submit offers for XXXX consideration of their portion of the work. In addition to offers to perform the work, the subcontractors, sub-subcontractors and suppliers shall be required to provide documentation that they are in fact a qualified, responsible Offeror, duly licensed and registered with the State of NM Department of Workforce Solutions. (b) The Construction Manager at Risk may/GC shall submit conduct a pre-proposal meeting with potential Offerors to discuss the project scope of work and the XXXX method of construction. Potential Offerors will be advised that any subsequent award of a contract will be based on the qualifications of the Offeror and not price alone. (c) The date, time, and location of the pre-proposal conference may be advertised in a local paper of circulation at a minimum of 10 days prior to the Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall consider and respond to scheduled conference. (d) Once 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 Offersproposals have been considered, the CM/GC agrees to disclose Construction Manager at Risk shall prepare a report in writing to the Owner stating the proposed subcontract Offerors. The Owner and design professional shall review the report and respond in writing to any financial interest it has in objections they may have to a particular Offeror. The Construction Manager at Risk shall be responsible for any such Subcontractor, supplier investigations necessary to either confirm 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. 12.3.3 The following minimum requirements apply to deny the Subcontract solicitation process: (a) Solicitations will be advertised at least 10 Days prior to opening in at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may determineobjection(s). (be) 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 CM at Risk 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/GCCM at Risk), prior written approval by the Owner shall be required to accept the Offer. (df) CM/GC CM at Risk may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that CM/GC CM at Risk determines meet the prequalification standards, with the Owner’s prior written approval of such prequalification process. (eg) CM/GC CM at Risk shall comply, and require Subcontractor compliance with, State New Mexico Department of Oregon Bureau of Labor & Industries Workforce Solutions’ prevailing wage rates as specified in the RFPContract. (fh) The Owner may at its sole discretion, require CM/GC CM at Risk to re-solicit for Offers based on the same or modified documents. (gi) CM/GC CM at Risk 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. (hj) The CM/GC CM at Risk will document any and all discussions, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the Owner shall be entitled to inspect such documentation on request. (ik) CM/GC CM at Risk shall determine the lowest Offer for each solicitation that meets CM/GCCM at Risk’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC CM at Risk determines it is unable to execute a suitable subcontract with such Offeror, CM/GC CM at Risk may, with the Owner’s prior approval, execute a subcontract with the second-lowest Offeror pursuant to Article 12.3.4 11.3.4 below. 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 CM at Risk’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 that can be demonstrated to clearly benefit the Owner. 12.3.5 CM/GC . Construction Manager at Risk 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. 12.3.6 CM/GC's Construction Manager at Risk’s subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279Chapters 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. 12.3.2 11.3.2 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 shall consider and respond to all the Owner’s 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 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. 12.3.3 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 of general circulation 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 where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 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, questions and answers, modifications and responses to from any Offeror and ensure that the same are distributed to all Offerors, and the 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 12.3.4 below.suitable 12.3.4 11.3.4 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 Subject to the requirements or limitations of Oregon’s public information laws, CM/GC's ’s subcontracting records shall not 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.

Subcontractor Selection. 12.3.1 11.3.1 Unless otherwise provided under this Article 1211, 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 279279C, 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. 12.3.2 11.3.2 CM/GC shall submit to the Owner’s Authorized Representative Owner its proposed procurement documents for review and comment before they are issued for solicitation. CM/GC shall consider and respond to all the Owner’s 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 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.with 12.3.3 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 at least one the Daily Journal of Commerce. CM/GC also agrees to advertise in a local community newspaper of general circulation in the area where in which the contract Project is located, in order to be performed and allow for local participation in as many additional issues and publications as the CM/GC may determinesolicitation process. (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 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 the Owner shall be required to accept the 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 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 discussionsdiscussions with questions received from, questions and answers, modifications or answers and responses from 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 same are distributed to all OfferorsOffer submittal date, and the 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 12.3.4 11.3.4 below. 12.3.4 11.3.4 Under special circumstances and only with prior written authorization by the 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, 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: 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. 12.3.5 11.3.5 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. 12.3.6 11.3.6 CM/GC's subcontracting records shall are 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.

Subcontractor Selection. 12.3.1 Unless otherwise provided under this Article 12After 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 279Prequalification 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. 12.3.2 CM/GC shall submit to the Owner’s Authorized Representative its proposed procurement documents for review prior written approval.] 6.4.1 Unless Owner otherwise approves in writing, all Subcontract bids and comment before they are issued for solicitation. CM/GC shall 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 proposals shall be advised in advance of and be given the opportunity to be present at Offer openingswriting, 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. 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 at least one newspaper of general circulation in the area where the contract is to be performed and in as many additional issues and publications as the CM/GC may 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 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 the Owner shall be required to accept 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 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, questions and answers, modifications and responses from any Offeror and ensure that the same are distributed to all Offerors, and the 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 the Owner’s prior written approval, execute a subcontract Subcontract with the second-second- lowest Offeror bidder pursuant to Article 12.3.4 Section 6.4.5 below. 12.3.4 6.4.5 Under special circumstances and only with Owner’s prior written authorization by the 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, 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 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 Owner and the OwnerProject. 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. 12.3.5 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 Parties’ monitoring. Owner Parties’ monitoring shall include summaries in a form acceptable not excuse Construction Manager from complying with the Contract Documents’ requirements. 6.4.7 Notwithstanding anything to the contrary contained in this Article 6, Owner 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 all Offers received for Oregon Bureau of Labor & Industries prevailing wage rates and Xxxxx-Xxxxx federal wage rates as and when applicable to the Subcontract at issueWork. The 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 reserves Parties, from and against any Subcontractor claim that arises due to Construction Manager’s failure to incorporate the right to disapprove any proposed Subcontractors, suppliers relevant terms of this Article 6 and Subcontract or supply contract awards, based on legal standards other necessary provisions of responsibility. The Owner the Contract Documents in each Subcontract. 6.4.10 Construction Manager shall not unreasonably disapprove alter any proposed Subcontractor material term or supplier and increased costs due to the condition of a Subcontract without Owner's disapproval shall be cause for an increase in the GMP’s prior written consent. 12.3.6 CM/GC's subcontracting records shall not 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.