5659 Final~2.pdf

Single Point of Contact (SPC): Email: victoria.a.crosby@odhsoha.oregon.gov

Victoria Crosby Phone: 971-372-9892

ODHS/OHA Shared Services

Office of Contracts & Procurement

635 Capitol St NE, Suite 350

Salem, OR 97301

Oregon Health Authority

REQUEST FOR QUOTE

RFQ # S-44300-00006500

For Radioisotope Identification Device (RIID)

Oregon Health Authority (OHA) is seeking quotes for the purchase of two (2) Radioisotope

Identification Devices (RIID) which meet the specifications described in this RFQ. OHA anticipates the award of one Purchase Order (PO) resulting from this RFQ to the lowest responsive and responsible bidder.

Bidders wishing to submit a quote in response to this RFQ must be registered in OregonBuys and submit quote (bid sheet pages 5 & 6) to the single point of contact (SPC) Victoria Crosby no later than 3:00PM PST on Friday, May 19, 2023. Quote can be submitted via email or in

OregonBuys.

This solicitation for quotes is an Intermediate Procurement, under authority in ORS 413.033 and

OAR 137-047-0270.

1. Background and Purpose:

OHA’s Radiological Emergency Response Team (RERT) prepares for and responds to emergencies involving radioactive materials, monitors radioactivity, and clean up affected areas. During an emergency, the team uses its protective action guidelines to help determine what actions are necessary to protect people from unhealthy levels of radiation. A

Radioisotope Identification Device (RIID) is used to identify radioactive threats and health risks in real-time allowing the team to quickly determine a course of action for radiation mitigation and materials disposal.

2. Overview:

To set up a free vendor account in OregonBuys, visit https://oregonbuys.gov/bso/ and click on the blue "Register" button in the top right hand corner of the webpage. Step-by-step instructions are found at:

https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

Bidder shall submit its quote electronically as a PDF attachment, submitted by email to the

SPC or submitted in OregonBuys eProcurement System (preferred). If submitting by email, mailto:victoria.a.crosby@odhsoha.oregon.gov https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf

5659/vac Page 2 include the RFQ # in the subject line of the email. Bids received after the closing date and time will not be opened or considered. In OregonBuys, the closing date and time is referred to as the “Bid Opening” date.

• Instructions for submission via OregonBuys are found at the following link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%

20Solicitation%20Response.pdf

• Go to https://oregonbuys.gov/bso/ , type the RFQ number (S-44300-00006500) in the search bar at the top of the screen (Bid Solicitation) and search, then click on the RFQ number to open.

• Follow the instructions in the above link to “Create the Quote”; in the Description field type “Bid for RIIDs”, click Save & Continue; click on the Items tab, click on the Item # in the far left column to open and enter your total lump sum bid price, click Save &

Continue; click on the Terms & Conditions tab, click Yes, click Save & Continue; click the Attachments tab, click Add File, select the Bid document(s) from your computer and double-click to attach, type the name of the attachment where indicated, click Save &

Exit after each document you attach. Once all documents are attached, click Save &

Continue; click the Summary tab to review. Once the Bid (“Quote”) is submitted, Bidder cannot edit the document, however you may withdraw the bid/quote (instructions are included in the above link) for editing and resubmission at any time before the RFQ closing date and time. Click Submit Quote. The screen will refresh, leaving you on the

Summary tab and the status will have changed from “In-progress” to “Submitted”. An email notification will be sent to the SPC when your Bid has been submitted.

OHA reserves the right to purchase additional RIIDs from the winning Bidder up to a total aggregate not-to-exceed dollar amount of $150,000.00 (intermediate procurement threshold).

Shipping will be FOB Destination, delivered to the Portland State Office Building located at

800 NE Oregon Street, Suite 640, Portland, OR 97232. Include shipping cost in your quote.

3. Bid Requirements.

• Bids must be submitted using the Bid Sheet contained within this RFQ document.

Bidder may attach or include additional information such as a brochure, spec sheet, data, warranty options, etc.

• Bidders must indicate any variances from the required specifications and features listed in section 4. Alternate Bids may or may not be considered at the sole discretion of OHA.

• The equipment shall be new and the manufacturer’s model in current production, and shall comply with all performance specifications, including all functions, features and accessories as advertised or otherwise represented by the bidder and/or the manufacturer. Equipment that is used, remanufactured or refurbished will not be considered.

• The Bid Sheet must be signed by person legally authorized to bind the Bidder to the

Bid and the PO resulting from this RFQ. Digital signatures are accepted. A sample https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://oregonbuys.gov/bso/

5659/vac Page 3

PO is attached. By submitting a quote, Bidder understands and agrees to the terms & conditions of the PO.

• Bidders shall provide a lump sum Bid amount for two (2) RIIDs meeting specifications and features listed in section 4. Lump sum shall include full protection warranty (1-year minimum) and quote must be all-inclusive of shipping costs, software, firmware, drivers, strap, storage case, power supply/charger, training, instruction manuals, and any other associated costs or fees.

• Training shall include all operations, applications, uses, features, care, and maintenance of the equipment. Training can be in-person, remote, web-based or video.

• If awarded a PO, winning Bidder must be registered with the Oregon Secretary of

State to do business in Oregon. https://sos.oregon.gov/business/pages/default.aspx.

4. Specifications and Required Features:

a. Differentiating radiation types (NORM, Medical, Industrial, special material).

b. The ability to accurately detect several radioactive sources in close proximity.

c. Integration with RadResponder.

d. Removable “contact areas” that can be decontaminated.

e. Directional radiation detection to immediately locate alarming sources.

f. Ability to analyze a results spectrum in real-time without the need of an additional device or software.

g. Ergonomics—needs to allow user to wield and operate without difficulty. Button placement that allows controls to be operated one handed, and shoulder/wrist strap to enhance stability and protect device.

h. 2” x 2” NaI Scintillation Crystal.

i. Energy Range: 20 keV to 3 MeV

j. Data is compliant with ANSI N42.34 standard.

k. Self-Calibrating.

l. Low maintenance with free coarse-calibrations and bi-annual optimization of system to include free firmware upgrades for life of ownership.

m. Drop rating of 1 meter on all 6 sides on concrete.

n. Dust/sand proof and water resistant to IP65 standard.

o. Summary screen provides nuclide(s) detected, classification, and confidence of measurement.

p. Accurate identification in 30 seconds or less.

q. CLYC Neutron detector incorporated into the RIID without the need for an extra attachment or probe.

r. Bid Sheet https://sos.oregon.gov/business/pages/default.aspx

5659/vac Page 4

Bid Sheet

Company name:________________________________________________________________

Contact person: ______________________________ Email: ____________________________

Address:______________________________________________________________________

City, State, Zip:_______________________________________ Phone: ___________________

Price quoted is all-inclusive of shipping costs, software, firmware, drivers, strap, storage case, power supply/charger, training, instruction manuals, warranty and any other associated costs or fees. Price quoted must be held firm for 90 days.

Radioisotope Identification

Device (RIID)

Manufacturer/Brand Name and

Model #

Price (each) Quantity Total Lump Sum

Bid Amount

X2

• Full Protection Warranty: _____ months

The information below will not be used in determining the lowest bidder but may be used as a tie-breaker determination if identical bids are received. Please answer the following:

o Expected lead time for delivery: ____ weeks o Resident Bidder (Bidder whose principal place of business is in the state of Oregon, including a contractor whose ultimate parent company or majority owner has its principal place of business in Oregon.) Yes__ No __ o Bidder is a certified disadvantaged business (COBID) in the state of Oregon for one or more business type below. Yes__ No __

Minority Business Enterprise (MBE) Women Business Enterprise (WBE)

Service-Disabled Veteran Business Enterprise (SDVBE) Emerging Small Business (ESB) https://www.oregon.gov/biz/programs/COBID/MBE-WBE/Pages/default.aspx https://www.oregon.gov/biz/programs/COBID/MBE-WBE/Pages/default.aspx https://www.oregon.gov/biz/programs/COBID/SDV/Pages/default.aspx https://www.oregon.gov/biz/programs/COBID/ESB/Pages/default.aspx

5659/vac Page 5

Any individual signing below hereby certifies they are an authorized representative of Bidder and that:

• Bidder understands and accepts the requirements of this RFQ and the terms and conditions of the attached sample PO.

• Signer has knowledge regarding Bidder’s payment of taxes and by signing below certifies that, to the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws.

• Bidder does not unlawfully discriminate against any of Bidder’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

• Bidder and Bidder’s employees, agents, and subcontractors are not included on the government-wide exclusions lists in the System for Award Management (SAM) found at www.sam.gov

• Bidder certifies that, to the best of its knowledge, there exists no actual or potential conflict of interest between the Bidder and the State of Oregon OHA.

• Bidder certifies that all contents of this RFQ response are truthful and accurate and have been prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

• Bidder understands that any statement or representation it makes in response to this RFQ, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "false claim" subject to the Oregon

False Claims Act, ORS 180.750 to 180.785 and to any liabilities or penalties associated with the making of a false claim under that Act.

• Bidder understands that a quote submitted in response to this RFQ will be public record and is open to public inspection after a notice of award is posted in OregonBuys.

Authorized Signature

Date

(Printed Name and Title)

1. 2.

Email Address:

http://www.sam.gov/

Purchase Order Template 2021.07 Page 1 of 3

STATE OF OREGON

PURCHASE ORDER

(PO) NO.:

AMENDMENT NO.:

Agency:

PO Date:

Delivery Date:

Bid Number:

Internal Use Only:

Contractor Name. Address, Phone and Email:

Bill To:

Contractor FEIN:

Price Agreement No:

Agency Contact, Name, Phone Number and Email:

Ship To:

FOB:

Terms:

Item Description Quantity U/M Unit Price Extended Amount

This Purchase Order and the terms and conditions on page 2 constitute the entire agreement between the parties. There are no other understandings, agreements, or representations, oral or written.

Sub Total:

Special Terms:

Freight:

Total:

Authorized Signature

Purchase Order Template 2021.07 Page 2 of 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.