5483-0 final~1.pdf

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ODHS SHARED SERVICES

Office of Contracts and Procurement

635 Capitol Street NE, Suite 350 Salem, OR 97301

Voice: 503.910.0961

FAX: 503-378-4324

GOODS

REQUEST FOR QUOTE # S-10000-00003717

--- This Is Not an Order ---

SOLICITATION INFORMATION

Description: The Oregon Department of Human Services, Child Welfare (Agency), seeks bids from responsive and responsible Bidders for Halo Playards and Halo Sleep Sack Blankets, or equivalent. (See Attachment 1 for specifications).

Return to: Victoria Crosby, Procurement & Contracts Specialist ODHS Shared Services, Office of Contracts and Procurement 635 Capitol St. NE, Suite 350 Salem, OR 97301 Phone: 503-910-0961 E-Mail: Victoria.a.crosby@dhsoha.state.or.us

RFQ Point of Contact: Victoria Crosby

Due Date/Time: August 1, 2022; 3:00 PM, Pacific Time Responses received after this date and time will not be considered for award.

INITIAL DELIVERY LOCATION

Agency: Oregon Department of Human Services, Child Welfare

Attention: Carmen Mims

Division/Office: Child Welfare

Address: 500 Summer Street NE E-68

City, State, Zip: Salem, OR 97301

VENDOR INFORMATION

Business Name:

Federal ID No:

Contact Name:

Address:

City, State, Zip:

Phone:

Fax:

Email:

mailto:Victoria.a.crosby@dhsoha.state.or.us

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QUOTE REQUIREMENTS

1. This Request for Quote (RFQ) is issued under the authority of OAR 125-246-0170(2)(c)(C) Intermediate

Procurement.

2. RFQ Point of Contact is the individual named on page one of this document. Bidders are not to contact any other staff besides the RFQ Point of Contact, at any time for any reason.

3. “OR EQUAL”: Any brand name listed in the specifications as “or equal” or “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost differences, alternates and options in the space provided in the quote and shall submit complete specifications for alternate brands. This clause is not meant to be restrictive, but to set the minimum standard. Agency shall determine, in its sole discretion, whether a product offered is “equal.” When the designation is “or equal” or “equivalent” Agency shall make its decision after Bid Closing. If another brand is bid, Bidder must provide the specifications to ensure the brand will meet all requirements, failure to provide alternate brand specifications with bid packet will result in bid rejection.

4. Agency reserves the right to amend this RFQ, cancel this RFQ, and to delete any item from award consideration.

5. If a Purchase Order (PO) (Attachment 2) is issued, the Agency shall issue a PO to the lowest responsive responsible Bidder.

6. Bidders must agree to the State of Oregon terms and conditions (Attachment 3) and Federal terms and conditions (Attachment 4) as a condition to submitting a quote for this RFQ.

7. Initial Shipping: Shipping must be fully loaded, FOB destination for initial order. Agency will obtain additional shipping quotes if further orders are placed in accordance with Section 8 below.

8. All pricing must be held firm for 180 days. Agency reserves the right to purchase additional products or services after the initial order from the winning bidder up to the State of Oregon Intermediate Procurement Threshold or up to two (2) years, whichever occurs first. Agency will request a quote from the winning bidder for any additional Goods and/or Services that Agency wishes to purchase after the initial order of Goods from this RFQ is placed.

9. Bidder must submit a brochure if submitting an “equal” or “equivalent” brand as outlined in Section 3.

above.

10. Bids may be submitted electronically via Oregon Buys. Visit https://oregonbuys.gov/bso/ and click on the blue "Register" button in the top right hand corner of the webpage to get started. Support is available by Email: suppliersupport@periscopeholdings.com and Phone: 1-855-800-5046. For more information, the following guides are also available:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf or;

Bids may be submitted via email to the RFQ Point of Contact.

11. Required Forms to be uploaded via OregonBuys or submitted via email with bid packet:

a. Bidders must submit bids on the Offeror Bid Cost Sheet.

mailto:suppliersupport@periscopeholdings.com https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf

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OFFEROR BID COST

1. The quantities listed below are the estimated number of Halo Playard (sku 4703), and Halo Sleep Sack blankets (sku 0137, 10759, 092, 10795) to be ordered by Agency. Agency does not guarantee the initial quantities referenced below will be ordered and reserves the right to decrease or increase the quantities.

Description Price Estimated

Quantity Total Bid Amount

Halo Playard (sku 4703)

X 84 $

Brand/Mfg (include brochure if alternate brand):

Model/Part Number/sku:

Delivery Time:

Warranty Period:

Halo Sleep Sack blanket (sku 0137, 10759, 092, 10795)

X

Brand/Mfg (include brochure if alternate brand):

Model/Part Number/sku:

Delivery Time:

Warranty Period:

Total Bid Amount for Items 1 and 2 $

This Offeror Bid Cost page must be signed, dated, and returned. All Bidders must accept all of the State of Oregon Terms and Conditions that are attached to this Request for Quote.

I have read and agree to all Terms and Conditions attached hereto.

Authorized Signature:

Print Name:

Title: Date:

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Attachment 1

Specifications and Deliverables

1. Purpose:

Oregon Department of Human Services (ODHS), Child Welfare is seeking a vendor who can supply a Consumer Production Safety Commission (CPSC) Certified Halo Playard as well as Halo Sleep Sack blanket, or an equivalent playard and sleep sack blanket that meets the specifications outlined in Section 2 below.

2. Specifications for Alternate Brand Portable Playard and Sleep Sack:

a. Bidders who submit a bid to provide and deliver an alternate brand approved CPSC playard (portable sleep surface for infants) must ensure the alternate brand meets or exceeds the following specifications.

(1) Bassinet designed to fold with the playard for easy setup and take-down;

(2) Features folding feet and wheels for a 20% compact fold like Graco® playards models;

(3) Full-size infant bassinet that provides an easy-to-reach and easy-to-view spot while the baby sleeps;

(4) Toy bar that features soft toys to amuse the baby;

(5) Push-button that makes folding and closing the playard quick and hassle-free; and

(6) Convenient carrying bag for no-fuss travel and storage.

b. Bidders who submit a bid to provide and deliver an alternate brand sleep sack blanket must ensure the alternate brand meets or exceeds the following specifications:

Please note a sleep sack blanket is not considered a swaddle

(1) Sleep sack blanket fabric options may be Cotton and/or Microfleece; and

(2) The sleep sack blanket shall not restrict infants’ arms

3. Bidders must include all shipping and handling charges for the initial delivery location in their Bid price.

Playards and sleep sack blankets must be shipped by the winning Bidder to the initial delivery location listed on page 1 of this RFQ.

4. Additional purchases may be made by ODHS, ODHS will seek a quote for additional purchases and for shipping charges as outlined on page 2.

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Attachment 2

State of Oregon Purchase Order

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Attachment 3

STATE OF OREGON –TERMS AND CONDITIONS

1. DELIVERY: Deliveries will be F.O.B destination, unless otherwise agreed.

Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warranties.

2. ACCEPTANCE: Agency may inspect and test the Goods and related Services

(collectively, Goods). Agency may reject non-conforming Goods and require

Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure defects within a reasonable time, Agency may reject the Goods and cancel the PO in whole or in part. Title to the Goods passes to Agency in accordance with the Uniform Commercial Code, ORS chapters 71-79 (UCC), and this section does not affect or limit Agency's rights under the UCC.

3. PAYMENT: Agency shall pay Contractor within 30 days from (i) the date the Goods are delivered and accepted or (ii) the date the invoice is received, whichever is later. If Agency fails to pay within 45 days of such date, Contractor may assess overdue account charges up to a rate of 2/3% per month (8% APR) or the maximum rate allowed by law on the outstanding balance.

4. REPRESENTATIONS AND WARRANTIES: Contractor represents and warrants that:

• Unless otherwise agreed, the Goods are new and unused, (and if applicable, the current model), free and clear of any liens or encumbrances, and carry full manufacturer warranties;

• Contractor shall transfer all manufacturer warranties to the State;

• Delivered Goods will comply with specifications and be free from defects in labor, material and manufacture;

• Contractor owns or has the right to transfer or sell the Goods to Agency;

• Contractor has the authority to enter into this PO and this PO is a binding obligation upon Contractor;

• Contractor is an independent contractor and its provision of the Goods creates no potential or actual conflict of interest as defined in

ORS 244;

• Contractor shall comply with the tax laws of this state and all political subdivisions;

• Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State, and

• All implied and express warranties under the UCC are incorporated in this PO.

These representations and warranties are cumulative and are in addition to and not in lieu of any other representations or warranties found in this PO or the law.

5. TERMINATION:

• The parties may terminate this PO by mutual agreement.

• Agency may terminate this PO at any time upon written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and Agency shall pay Contractor for Goods delivered and accepted.

• Agency may terminate this PO at any time upon written notice to Contractor if Agency fails to receive funding, appropriations, or other expenditure authority.

• Agency may terminate this PO for cause upon written notice to Contractor, if Contractor breaches any PO provision, including the representations and warranties related to liquidated and delinquent debt, or is declared insolvent. Contractor shall be liable for all incidental and consequential damages resulting from its breach, including all damages as provided in the UCC.

• Agency may terminate this PO if Contractor fails to comply with the tax laws of this state or any political subdivision or Contractor violates any warranties or certification related to compliance with the tax laws of this State and any political subdivision of this State.

6. REMEDIES: Any violation or breach of this PO entitles Agency to terminate this PO, to pursue and recover any and all damages that arise from the breach and the termination of this PO, and to pursue any or all of the remedies available under this PO, at law, or in equity, including but not limited to: termination of this PO in whole or in part; collection by administrative offset or garnishment, if applicable, or withholding amounts otherwise due and owing to Contractor without penalty. The remedies set forth in this Section 6 are cumulative.

7. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless the State and it agencies, their divisions, officers, employees, and agents, from all claims, suits or actions of any nature arising out of or related to the activities of

Contractor, its officers, subcontractors, agents or employees under this PO.

8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. Any unresolved Dispute between Agency or and

Contractor that arises from or relates to the PO shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of

Oregon; provided, however, if a Dispute must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM

JURISDICTION OF SAID COURTS. Nothing herein shall be construed as a waiver of the State of Oregon's sovereign or governmental immunity, whether derived from the Eleventh Amendment to the United States Constitution or otherwise or of any defenses to Claims, or as consent to jurisdiction the jurisdiction of any court.

9. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, transfer, or subcontract rights (Subcontract) or delegate responsibilities under this PO in whole or in part, without the prior written approval of Agency.

This PO’s provisions are binding upon and inure to the benefit of the parties to the

PO and their respective successors and assigns.

10. ACCESS TO RECORDS: Contractor shall maintain all accounting records relating to this PO according to Oregon Accounting Manual (OAM) and any other records relating to Contractor’s performance (“Records”) for 6 years from termination or as otherwise required. Contractor shall grant the State and its agencies, the Secretary of State, the federal government, and their duly authorized representative’s access to the Records, including reviewing, auditing, copying, and making transcripts.

11. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all applicable federal, state and local laws, regulations, executive orders, and ordinances, as amended. Agency’s performance is conditioned upon Contractor’s compliance with, 279B.220, 279B.225, 279B.230, and 279B.235, as applicable. All applicable Rules are incorporated by reference in this PO.

12. INSURANCE: Contractor shall obtain and maintain the following insurance coverage:

• Workers’ Compensation: Contractor shall comply with ORS 656.017 and provide workers’ compensation coverage for subject workers, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

• Commercial General Liability: Contractor shall provide and maintain insurance covering bodily injury and property damage, written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. The policy(ies) must name the State of Oregon as additional insured.

13. FORCE MAJEURE: Neither Contractor nor Agency may be held responsible for delay or default caused by events beyond its reasonable control. Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and diligently pursue its performance under this PO.

14. SAFETY DATA SHEETS: As applicable, Contractor shall provide Agency with a Safety Data Sheet (SDS) for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use 29 CFR

1910.1200(g)(6)(iii). Contractor shall label, tag or mark such Goods.

15. RECYCLABLE PRODUCTS: Unless otherwise required, Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the PO. These products shall include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

16. AMENDMENTS: All amendments to this PO must be in writing, approved by

Agency.

17. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

18. WAIVER: Agency’s failure to enforce any provision of this PO is not a waiver or relinquishment by Agency of its rights to such performance in the future or to enforce any other provisions.

19. AWARD TO FOREIGN CONTRACTOR: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State

Corporation Division all information required by those agencies relative to this PO.

Agency may withhold final payment under this PO until Contractor has met this requirement.

20. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury:

(a) the number shown on this form is the correct Federal Employer Identification Number; (b) it is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding;

and (c) it is not in violation of any Oregon tax laws.

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Attachment 4

Federal Terms and Conditions

General Applicability and Compliance. Unless exempt under 45 CFR Part 87 for Faith-Based Organizations

(Federal Register, July 16, 2004, Volume 69, #136), or other federal provisions, Contractor shall comply and, as indicated, cause all subcontractors to comply with the following federal requirements to the extent that they are applicable to this Contract, to Contractor, or to the Work, or to any combination of the foregoing. For purposes of this Contract, all references to federal and state laws are references to federal and state laws as they may be amended from time to time.

1. Miscellaneous Federal Provisions. Contractor shall comply and require all subcontractors to comply with all federal laws, regulations, and executive orders applicable to the Contract or to the delivery of

Work. Without limiting the generality of the foregoing, Contractor expressly agrees to comply and require all subcontractors to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (a) Title VI and VII of the Civil Rights Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (c) the Americans with Disabilities Act of 1990, as amended, (d) Executive Order 11246, as amended, (e) the Health

Insurance Portability and Accountability Act of 1996, as amended, (f) the Age Discrimination in

Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (g) the

Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, (h) all regulations and administrative rules established pursuant to the foregoing laws, (i) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations, and (j) all federal laws requiring reporting of Client abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated.

No federal funds may be used to provide Work in violation of 42 U.S.C. 14402.

2. Equal Employment Opportunity. If this Contract, including amendments, is for more than $10,000, then Contractor shall comply and require all subcontractors to comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

3. Clean Air, Clean Water, EPA Regulations. If this Contract, including amendments, exceeds $100,000 then Contractor shall comply and require all subcontractors to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7606), the Federal

Water Pollution Control Act as amended (commonly known as the Clean Water Act) (33 U.S.C. 1251 to

1387), specifically including, but not limited to Section 508 (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (2 CFR Part 1532), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities.

Violations shall be reported to ODHS, United States Department of Health and Human Services and the appropriate Regional Office of the Environmental Protection Agency. Contractor shall include and require all subcontractors to include in all contracts with subcontractors receiving more than $100,000, language requiring the subcontractor to comply with the federal laws identified in this section.

4. Energy Efficiency. Contractor shall comply and require all subcontractors to comply with applicable mandatory standards and policies relating to energy efficiency that are contained in the Oregon energy conservation plan issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. 6201 et.

seq. (Pub. L. 94-163).

5. Truth in Lobbying. By signing this Contract, the Contractor certifies, to the best of the Contractor’s knowledge and belief that:

a. No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with the awarding of any federal contract, the making of any federal

S-10000-00003717 (5483-0) Page 8 of 10 grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

c. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall certify and disclose accordingly.

d. This certification is a material representation of fact upon which reliance was placed when this

Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by Section 1352, Title 31 of the U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than

$10,000 and not more than $100,000 for each such failure.

e. No part of any federal funds paid to Contractor under this Contract shall be used, other than for normal and recognized executive legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the United States Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government itself.

f. No part of any federal funds paid to Contractor under this Contract shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the United States Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government.

g. The prohibitions in subsections (e) and (f) of this section shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control.

h. No part of any federal funds paid to Contractor under this Contract may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances

Act except for normal and recognized executive congressional communications. This limitation shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance of that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

6. Resource Conservation and Recovery. Contractor shall comply and require all subcontractors to comply with all mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 U.S.C. 6901 et. seq.). Section

6002 of that Act (codified at 42 U.S.C. 6962) requires that preference be given in procurement programs

S-10000-00003717 (5483-0) Page 9 of 10 to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Part 247.

7. Audits.

a. Contractor shall comply, and require all subcontractors to comply, with applicable audit requirements and responsibilities set forth in this Contract and applicable state or federal law.

b. If Contractor expends $750,000 or more in federal funds (from all sources) in a fiscal year, Contractor shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR Subtitle B with guidance at 2 CFR Part 200. Copies of all audits must be submitted to ODHS within 30 days of completion. If Contractor expends less than $750,000 in a fiscal year, Contractor is exempt from Federal audit requirements for that year. Records must be available as provided in Exhibit B, “Records Maintenance, Access”.

8. Debarment and Suspension. Contractor shall not permit any person or entity to be a subcontractor if the person or entity is listed on the non-procurement portion of the General Service Administration’s

“List of Parties Excluded from Federal Procurement or Nonprocurement Programs” in accordance with

Executive Orders No. 12549 and No. 12689, “Debarment and Suspension”. (See 2 CFR Part 180.) This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory authority other than Executive Order No. 12549.

Subcontractors with awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals prior to award.

9. Pro-Children Act. Contractor shall comply and require all subcontractors to comply with the Pro-

Children Act of 1994 (codified at 20 U.S.C. Section 6081 et. seq.).

10. Medicaid Services. Reserved.

11. Agency-based Voter Registration. If applicable, Contractor shall comply with the Agency-based Voter

Registration sections of the National Voter Registration Act of 1993 that require voter registration opportunities be offered where an individual may apply for or receive an application for public assistance.

12. Disclosures. Reserved.

13. Federal Intellectual Property Rights Notice. The federal funding agency, as the awarding agency of the funds used, at least in part, for the Work under this Contract, may have certain rights as set forth in the federal requirements pertinent to these funds. For purposes of this subsection, the terms “grant” and

“award” refer to funding issued by the federal funding agency to the State of Oregon. The Contractor agrees that it has been provided the following notice:

a. The federal funding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the Work, and to authorize others to do so, for Federal Government purposes with respect to:

(1) The copyright in any Work developed under a grant, subgrant or contract under a grant or subgrant; and

(2) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support.

b. The parties are subject to applicable federal regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements.”

c. The parties are subject to applicable requirements and regulations of the federal funding agency regarding rights in data first produced under a grant, subgrant or contract under a grant or subgrant.

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14. Super Circular Requirements. 2 CFR Part 200, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, including but not limited to the following:

a. Property Standards. 2 CFR 200.313, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, which generally describes the required maintenance, documentation, and allowed disposition of equipment purchased with federal funds.

b. Procurement Standards. When procuring goods or services (including professional consulting services), applicable state procurement regulations found in the Oregon Public Contracting Code, ORS chapters 279A, 279B and 279C or 2 CFR §§ 200.318 through 200.326, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, as applicable.

c. Contract Provisions. The contract provisions listed in 2 CFR Part 200, Appendix II, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, that are hereby incorporated into this Exhibit, are, to the extent applicable, obligations of Contractor, and Contractor shall also include these contract provisions in its contracts with non-Federal entities.

15. Federal Whistleblower Protection. Contractor shall comply, and ensure the compliance by subcontractors or subgrantees, with 41 U.S.C. 4712, Enhancement of contractor protection from reprisal for disclosure of certain information.