6299 Final 8-25-26.pdf

STATE OF OREGON

OREGON HEALTH AUTHORITY

Issues Invitation to Bid (“ITB”) #6299 under OregonBuys Bid #44300-00017800 for

PDF Remediation Services

Date of Issue: August 25, 2026

Bid Opening Date and Time: September 15, 2026, 3:00 PM

Single Point of Contact (“SPC”): Shannon Welsh Office of Contracts and Procurement 500 Summer Street NE, E-03 Salem, OR 97301 Telephone: 503-930-7973 Email: Shannon.A.Welsh@odhsoha.oregon.gov

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Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

1.2 Schedule of Events

1.3 Minimum Requirements

1.4 Submission Requirements

1.5 Single Point of Contact

SECTION 2: GOODS AND SERVICES

2.1 Scope of Work

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys

3.4 Questions and Requests for Clarification

3.5 Protest of ITB

3.6 Amendments

3.7 Protest of Amendments

3.8 Bid Submission

3.9 Bid Delivery

3.10 Bid Modification or Withdrawal

3.11 Late Bids

3.12 Opening and Bid Review

3.13 Firm Offer

3.14 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 Preferences

4.4 Price Comparison (including application of preferences) and Ranking

SECTION 5: AWARD

5.1 Notice of Intent to Award

5.2 Protest of Notice of Intent to Award

5.3 Method of Award

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5.4 Contract Execution

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

6.2 Statement of Values

6.3 Government Bodies

6.4 Electronic Signatures

6.5 Cancellation and/or Rejection of Bids; Damages

6.6 Cost of Submitting a Bid

6.7 Ownership/Permission to Use Materials

6.8 Confidential or Proprietary Information; Public Records

6.9 Recycled Products

6.10 Checklist Disclaimer

6.11 COBID

ATTACHMENT A Sample Contract

ATTACHMENT B Bid Cover Sheet

ATTACHMENT D Bid Pricing Form

ATTACHMENT E Responsibility Inquiry

ATTACHMENT F Certified Disadvantaged Business Outreach Plan

ATTACHMENT G Defined Terms

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SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through its Oregon Health Authority (OHA) (Agency), is issuing this Invitation to Bid (ITB) for PDF Remediation Services.

1.1.1 Background

The Oregon.gov Inventory Clean-Up and PDF Remediation Project began mid 2025 by requesting programs review and remove outdated or unnecessary files and indicate which remaining files require remediation or exception approval. As of July 2026, Public Health Department’s (PHD) Oregon.gov file inventory contains ~40,000 files with programs on average uploading 200-300 files per month.

1.1.2 Description of Need

File remediation is the technical process of fixing a document’s underlying structure so it can be reliably read and understood by assistive technologies, ensuring it meets legal accessibility standards. PHD is requesting Bids for PDF Remediation for the backlog of PHD’s Oregon.gov file inventory in order to meet compliance with Web Content Accessibility Guidelines by April 26, 2027. Agency anticipates the award of one contract resulting from this ITB. The initial term of the contract is anticipated to be 8 months with the option to extend for up to 5 years.

1.1.3 Budget limitation: $200,000.00

1.1.4 Required delivery date for services: April 26, 2027

1.2 Schedule of Events

The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time.

EVENT DATE TIME

ITB Issued August 25, 2026

Questions/Requests for Clarifications Due

August 31, 2026 9:00 am

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ITB Protests Period Ends 7 calendar days prior to Bid Opening Date

Bid Opening Date (Due Date and time to submit Bids)

September 15, 2026 3:00 pm

Issuance of Notice of Intent to Award (approximate)

September 18, 2026

Notice of Intent to Award Protest Ends 7 days from Notice of Intent to Award

1.3 Minimum Requirements

In order to be considered for an award under this ITB, Bidder must meet or exceed the following minimum requirements:

1.3.1 Remediation related services, file storage locations and remediation service employees will be located within the United States.

1.3.2 Maintained compliance with HITRUST Common Security Framework (CSF) and Section 508 accessibility requirements.

1.3.3 Ability to have remediation efforts be human led with minimal input by artificial intelligence (AI)

1.4 Submission Requirements

The Bid must include the following mandatory forms in its submittal:

1.4.1 Attachment B – Bid Cover Sheet

1.4.2 Attachment C –Reserved

1.4.3 Attachment D – Bid Pricing Form

1.4.4 Attachment E – Responsibility Inquiry

1.4.5 Attachment F – Certified Disadvantaged Business Outreach Plan

1.5 Single Point of Contact

All questions, requests for clarification, protests about any component of this ITB, including technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

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SECTION 2: GOODS AND SERVICES

2.1 Scope of Work

PDF Remediation services for public facing files hosted on OHA PHD’s Oregon.gov sites for 23 programs/sections.

Remediation services will be executed with the following parameters ensuring WCAG 2.2 AA and ADA Title II federal compliance is met.

2.1.1 Remediation Process

2.1.1.1 Remediation services must be completed from a human-led approach with minimal use of AI tools.

2.1.1.2 Enhance visual elements by adding non-color indicators whenever color alone is used to convey information, ensuring the content is accessible to all users.

2.1.1.3 Color Contrast issues must be corrected to meet the current WCAG 2.2 AA standard.

2.1.1.4 Structure complex tables with appropriate header cells and relationships to ensure compatibility with assistive technologies.

2.1.1.5 Form fields, radio buttons, and other complex file components are manually reviewed and remediated with proper tagging structure to ensure functionality if utilized by assistive technology users.

2.1.1.6 All images of text must be converted to readable text using an Optical Character Recognition (OCR) process. OCR content must be quality checked for accuracy, and the proper reading order set.

2.1.1.7 Remediated files must be verified using a screen reader to confirm that the document functions as intended for assistive technology users.

2.1.1.8 Remediated files must be validated through both accessibility testing and a comprehensive manual quality control review including a report of compliance for each file.

2.1.1.9 Remediated files requested by the public will take precedence over the queue of remaining files.

https://www.w3.org/TR/WCAG22/

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SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this ITB pursuant to ORS 279B.070 and its authority under ORS 413.033. Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 137-047-0255.

3.2 Defined Terms

Defined terms applicable to this ITB and the resulting Contract are found in OAR 137-046-0110, and set forth in Attachment G or elsewhere in this ITB or its Attachments. For ease of reference, a link to the crosswalk of terms used in OregonBuys to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys

3.3.1 OregonBuys posting

This ITB, including all Amendments is posted in the State’s e-procurement system, OregonBuys. ITB documents will not be mailed or otherwise delivered.

3.3.2 OregonBuys Registration Information

Bidder must be registered in OregonBuys to do business with the State.

Registration is free. To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.p df.

BIDDER IS SOLELY RESPONSIBLE FOR ENSURING ITS VENDOR

INFORMATION IS CURRENT AND CORRECT IN OREGONBUYS. AGENCY WILL

ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR

INFORMATION.

3.3.3 OregonBuys Assistance

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf mailto:support.oregonbuys@oregon.gov

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3.3.4 Failure of Electronic Procurement System

In the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

3.4 Questions and Requests for Clarification

All questions and requests for clarification related to this solicitation must be in writing. The preferred method of submission is through the Q & A tab located in OregonBuys. If Bidder is unable to submit through the Q & A tab in OregonBuys, Bidder may email the SPC. The submitted question or request must reference the OregonBuys ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

3.5 Protest of ITB

Prospective Bidders may submit a written protest of the ITB, including the specifications and requirements, the terms and conditions of the sample Contract, or the procurement process described in this ITB.

Prospective Bidder must submit the protest to the SPC via email. The protest must:

1. Include prospective Bidder’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds demonstrating how the procurement process is:

o Contrary to law, and/or o Unnecessarily restrictive, and/or o Legally flawed, and/or o Improperly specifies a brand name;

4. Provide evidence and documentation supporting the grounds on which the protest is based;

5. Identify any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Agency will not consider protests that do no not meet these requirements.

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3.6 Amendments

Agency may change this ITB by written Amendment, posted to OregonBuys.

Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State. Prospective Bidder is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued.

Amendment(s) are incorporated into the ITB by this reference.

3.7 Protest of Amendments

A prospective Bidder may submit a protest of an Amendment by the date set forth in the Amendment, or if no date is set forth, then by the close of the next business day after the issuance of the Amendment, whichever is later. Unless otherwise specified in the Amendment, a protest to an Amendment must be submitted in the same manner as a protest of the ITB under Section 3.5 above.

3.8 Bid Submission

The Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers and include:

3.8.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B).

Attachment B must be signed by Bidder’s authorized representative.

3.8.2 Bidder shall complete and submit the Bid Pricing Form (Attachment D).

3.8.3 Bidder shall complete and submit the Responsibility Inquiry (Attachment E).

Attachment E must be signed by Bidder’s authorized representative.

3.8.4 Bidder shall complete and submit a Certified Disadvantaged Business Outreach Plan (Attachment F).

3.8.5 Public Records Exemption. If Bidder believes any portion of its Bid is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 to 192.478), Bidder must submit a statement indicating the portions that are exempt and the statutory authority for the exemption, along with both an unredacted and a redacted version of its Bid. Please refer to section 6.8 for more in-depth information.

3.9 Bid Delivery

Bidder is solely responsible for ensuring its Bid is received by the Bid Opening Date. Agency is not responsible for any delays in delivery. Prospective Bidders must deliver Bids to Agency through OregonBuys at: https://OregonBuys.gov .

https://oregonbuys.gov/

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Detailed instructions on how to submit a Bid can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20F ormal%20Solicitation%20Response.pdf

Technical Difficulties: Larger files may take additional time to upload to OregonBuys. Bidders are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit Bids via OregonBuys prior to the Bid Opening Date.

If technical difficulties that are no fault of Bidder prevent submission of a Bid via OregonBuys, Bidder must immediately notify the SPC in writing, via email, to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at the SPC’s sole discretion, allow for an alternative Bid submission method.

3.10 Bid Modification or Withdrawal

A Bidder wishing to make modifications to a Bid already received by Agency must withdraw its Bid in order to make modifications and resubmit the Bid. If a Bidder wishes to withdraw its Bid, Bidder must submit to the SPC a written notice withdrawing the Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC prior to the Bid Opening Date. For assistance with making modifications or withdrawing a Bid submitted through OregonBuys, please contact the OregonBuys Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

3.11 Late Bids

Agency will not accept late Bids. Bids submitted on or before the Bid Opening Date will be accepted.

3.12 Opening and Bid Review

A public Opening of Bids will not be held for this ITB.

3.13 Firm Offer

A Bid is a firm offer for 60 calendar days following the Opening.

3.14 Additional Rounds

If Agency believes additional rounds of review are necessary, Agency will post an Amendment on OregonBuys defining the additional round(s).

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

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SECTION 4: BID REVIEW

4.1 Responsiveness Determination

Agency will review all Bids received prior to the Bid Opening Date to determine if a Bid is Responsive to all ITB requirements. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. Agency may waive mistakes in accordance with OAR 137-047-0470. If the SPC finds the Bid non-Responsive, the Bid may be rejected.

4.2 Responsibility Determination

Agency will review the Responsibility Inquiry (Attachment E), Bid Pricing Form (Attachment D), and other information to determine if an apparent Successful Bidder is Responsible prior to award and execution of the Contract per agreement ORS 279B.110 or ORS 279C.375.

At any time prior to award, Agency may reject a Bidder found to be not Responsible.

4.3 Preferences

Agency will apply the following preferences to the Bid Cost:

4.3.1 Agency prefers Oregon Small Business Enterprises (OSBEs), as described in OAR 137-046-0210. Agency will apply an OSBE preference by reducing the evaluated price of any Bid submitted by an OSBE by 10%. This price adjustment is for evaluation purposes only and will not affect the actual Contract price.

4.4 Price Comparison (including application of preferences) and Ranking

After applying all preferences, Agency will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest.

4.4.1 Agency intends to award the Contract to the lowest Responsive and Responsible Bidder whose Bid substantially complies with the requirements and criteria set forth in this ITB and that provides the most favorable pricing (apparent successful Bidder). If this ITB authorizes the award of multiple Contracts, Agency will award the Contract to the Responsive and Responsible Bidders whose Bids substantially comply with the requirements and criteria set forth in this ITB.

4.4.2 Tiebreakers. If Agency receives Bids identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract by drawing lots as outlined in OAR 137-046-0300.

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SECTION 5: AWARD

5.1 Notice of Intent to Award

Agency will issue a notice of Intent to Award to the apparent successful Bidder on OregonBuys. Bid files are available for review after issuance of the Notice of Intent to Award.

5.2 Protest of Notice of Intent to Award

5.2.1 Written Protest. An Affected Person has seven calendar days from the date of issuance of the Notice of Intent to Award to file a written protest.

A Bidder is an Affected Person, only if Bidder would be eligible for award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

1. All lower Bids are non-Responsive.

2. Agency failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

3. Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

4. Agency’s evaluation of Bid(s) or determination of award otherwise violates ORS

Chapter 279A or ORS Chapter 279B.

5.2.2 The Affected Person must submit the protest to the SPC via email. The protest must:

1. Include protestor’s name and contact information;

2. Reference the ITB number;

3. Identify the reason for the protest, including the grounds for the protest; and

4. Provide evidence and documentation supporting the grounds on which the protest is based.

5.2.3 Agency will address all timely submitted protests meeting requirements within a reasonable time and will issue a written decision. Protests that do not include the required information may not be considered by Agency.

5.3 Method of Award

Agency will award a contract to the Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder).

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5.4 Contract Execution

Agency intends to enter into a Contract based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Prior to execution of the Contract, the apparent successful Bidder must submit the following to Agency:

5.4.1 Non-Discrimination. As a condition of receiving the award of a Contract under this ITB, the apparent successful Bidder must certify it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.4.2 Insurance. The apparent successful Bidder shall obtain and provide Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.

5.4.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

SECTION 6: ADDITIONAL INFORMATION

6.1 Applicable Statutes and Rules

This ITB is governed by the laws of the State of Oregon, specifically including ORS 279B.055 and OAR 137-047-0255. The venue for any administrative or judicial action relating to this ITB, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

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6.2 Statement of Values

The State of Oregon is committed to taking active steps toward equity and inclusion in procurement processes for minority, women, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this opportunity. The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

6.3 Government Bodies

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB.

Intergovernmental agreements are not subject to the Public Contracting Code.

If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

6.4 Electronic Signatures.

BY SUBMITTING A BID IN RESPONSE TO THIS ITB, BIDDER AGREES WITH

AGENCY THAT SIGNATURES, AND OTHER FORMS OF AUTHORIZED

REPRESENTATIVE CERTIFICATION, SHOWING ON DOCUMENTS SUBMITTED VIA

OREGONBUYS OR EMAIL ARE “ELECTRONIC SIGNATURES” UNDER ORS CHAPTER

84 AND, BIND THE SIGNING PARTY, AND ARE INTENDED TO BE AND CAN BE

RELIED UPON BY THE PARTIES.

6.5 Cancellation and/or Rejection of Bids; Damages

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Bid Opening Date identified in Section 1.2, all Bids will become part of the public record without obligation to Agency.

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6.6 Cost of Submitting a Bid

Bidder must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

6.7 Ownership/Permission to Use Materials

Bids submitted in response to this ITB become the property of the State. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws.

Bids, including supporting materials, will not be returned to Bidder.

6.8 Confidential or Proprietary Information; Public Records

Following the Notice of Intent to Award of a Contract, responses to this ITB are subject to public records requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, Bidder must submit a statement claiming the exemption and the statutory reason for the exemption and each page containing such information must identify the exemption provision and include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS Chapter 192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law.

6.9 Recycled Products

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract. (ORS 279B.055(2)(f), ORS279B.225, and

ORS279B.270-279B.280)

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6.10 Checklist Disclaimer

Any checklists contained in this ITB are provided only as a courtesy. Agency makes no representation as to the completeness or accuracy of any checklist.

Prospective Bidders are solely responsible for reviewing and understanding this ITB and complying with all requirements.

6.11 COBID

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certified small businesses in the following categories: minority-owned business, woman-owned business, veteran-owned business, or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

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ATTACHMENT A

SAMPLE CONTRACT

Contract Number 000000

STATE OF OREGON

PERSONAL/PROFESSIONAL SERVICES CONTRACT

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Contract Administrator at the contact information found below. We accept all relay calls.

This Contract is between the State of Oregon, acting by and through its Oregon Health Authority, hereinafter referred to as “OHA,” and

Contractor d.b.a. Facility or Assumed Name

Address Address

Attention: (required) Telephone: (required)

Fax: (optional) E-mail address: (required) hereinafter referred to as “Contractor.”

Work to be performed under this Contract relates principally to OHA’s

(Fill in with name of Office, Program, etc.)

(Insert address)

(Insert city, state, zip) Contract Administrator: (Insert Name) or delegate

Telephone: (Required) E-mail address: (Required)

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1. Effective Date and Duration. This Contract shall become effective on the later of: (I) the last date all required signatures in Section 6., below have been obtained, or (II) [insert start date] provided it is (i) signed by all parties on or before such date, and

(ii) when required, approved in writing by the Oregon Department of Justice on or before such date, and (iii) when required, approved in writing by the Oregon Department of Administrative Services. Unless extended or terminated earlier in accordance with its terms, this Contract shall expire on [insert end date]. Contract termination shall not extinguish or prejudice OHA’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents.

a. This Contract consists of this document and includes the following listed exhibits which are incorporated into this Contract:

(1) Exhibit A, Part 1: Statement of Work

(2) Exhibit A, Part 2: Payment and Financial Reporting

(3) Exhibit A, Part 3: Special Provisions

(4) Exhibit B: Standard Terms and Conditions

(5) Exhibit C: Insurance Requirements

There are no other contract documents unless specifically referenced and incorporated into this Contract.

b. This Contract and the documents listed in Section 2., “Contract Documents”, Subsection a. above, shall be in the following descending order of precedence:

this Contract less all exhibits, Exhibits B, A, and C.

3. Consideration.

a. The maximum, not-to-exceed compensation payable to Contractor under this

Contract, which includes any allowable expenses, is $[insert amount]. OHA will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work and will not pay for Work performed before the date this Contract becomes effective or after the termination or expiration of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Payments to Contractor shall be subject to ORS 293.462 and shall be made in accordance with the payment schedule and requirements in Exhibit A, Part 2., “Payment and Financial Reporting.”

c. OHA will only pay for completed Work under this Contract. For purposes of this Contract, “Work” means the tasks or services and deliverables accepted by OHA as described in Exhibit A, Part 1, “Statement of Work.”

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4. Contractor Determination. In accordance with the State Controller’s Oregon Accounting Manual, policy 30.40.00.104, OHA’s determination is that:

Contractor is a contractor Not applicable

Assistance Listings number(s) of federal funds to be paid through this Contract: N/A

5. Contractor Information and Certification.

a. Contractor Information. This information is requested pursuant to

ORS 305.385.

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION

Contractor Name (exactly as filed with the IRS):

Street address:

City, state, zip code:

Email address:

Telephone: ( ) Fax: ( )

Is Contractor a nonresident alien, as defined in 26 U.S.C. § 7701(b)(1), a foreign person, or a foreign entity? (Check one box): YES NO

Business Designation. (Check one box):

Professional Corporation Nonprofit Corporation Limited Partnership Limited Liability Company Limited Liability Partnership Sole Proprietorship Corporation Partnership

Contractor Proof of Insurance. Contractor shall provide the following information upon submission of the signed Contract. All insurance listed herein and required by Exhibit C must be in effect prior to Contract execution.

Professional Liability Insurance Company: _______________________________________________________

Policy #: ___________________________________________________ Expiration Date: ____________________

Commercial General Liability Insurance Company: ______________________________________________

Policy #: ___________________________________________________ Expiration Date: ____________________

Workers’ Compensation. Does Contractor have any subject workers, as defined in ORS 656.027? (Check one box): YES NO If YES, provide the following information:

Workers’ Compensation Insurance Company: ___________________________________________________

Policy #: ___________________________________________________ Expiration Date: ____________________

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b. Certification. Without limiting the generality of the foregoing, by signature on this Contract, the undersigned hereby certifies under penalty of perjury that:

(1) Contractor is in compliance with all insurance requirements in Exhibit C of this Contract, and notwithstanding any provision to the contrary, Contractor shall deliver to the OHA Contract Administrator (see page one of this Contract) the required Certificate(s) of Insurance within 30 days of execution of this Contract. By certifying compliance with all insurance as required by this Contract, Contractor acknowledges it may be found in breach of the Contract for failure to obtain required insurance. Contractor may also be in breach of the Contract for failure to provide Certificate(s) of Insurance as required and to maintain required coverage for the duration of the Contract;

(2) Contractor acknowledges that the Oregon False Claims Act, ORS

180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) that is made by (or caused by) the Contractor and that pertains to this Contract or to the project for which the Contract work is being performed. Contractor certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. The Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against the Contractor, in addition to any remedies that may be available to OHA under this Contract;

(3) The undersigned is authorized to act on behalf of Contractor and represents and warrants that Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of Oregon. Contractor shall, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of Oregon. For the purposes of this Section, “tax laws” includes: (i) All tax laws of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; (iii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) Any rules, DAS State Procurement Services, Version 2.0 – July, 2025 21 regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

Contractor acknowledges that the Oregon Department of Administrative Services will report this Contract to the Oregon Department of Revenue (DOR). The DOR may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including: (i) garnishing the Contractor’s compensation under this Contract;

or (ii) exercising a right of setoff against Contractor’s compensation under this Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the DOR collects debts;

(4) The information shown in Section 5.a., “Contractor Information” above is Contractor’s true, accurate and correct information;

(5) To the best of the undersigned’s knowledge, Contractor has not discriminated against and will not discriminate against minority, women or emerging small business enterprises certified under ORS 200.055 in obtaining any required subcontracts;

(6) Contractor and Contractor’s employees and agents are not included on the list titled “Specially Designated Nationals” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at:

https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx;

(7) Contractor is not listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal procurement or Non-procurement Programs” currently found at: https://www.sam.gov/SAM;

(8) Contractor is not subject to backup withholding because:

(a) Contractor is exempt from backup withholding;

(b) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends; or

(c) The IRS has notified Contractor that Contractor is no longer subject to backup withholding; and

(9) Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number (SSN) provided to OHA is true and accurate. If this information changes, Contractor shall provide OHA with the new FEIN or SSN within 10 days.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.sam.gov/SAM

DAS State Procurement Services, Version 2.0 – July, 2025 22

CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY ACKNOWLEDGES THAT

CONTRACTOR HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE

BOUND BY ITS TERMS AND CONDITIONS.

CONTRACTOR: YOU WILL NOT BE PAID FOR SERVICES RENDERED BEFORE THE EFFECTIVE

DATE OF THIS CONTRACT.

6. Signatures. This Contract and any subsequent amendments may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract and any amendments so executed shall constitute an original.

Contractor Name By:

\signer1\ \name1\

Authorized Signature Printed Name

\title1\ \date1\

Title Date

State of Oregon acting by and through its Oregon Health Authority By:

\signer2\ \name2\

Authorized Signature Printed Name

\title2\ \date2\

Title Date

Approved by: Director, OHA Behavioral Health Division By:

\signer3\ \name3\

Authorized Signature Printed Name

\title3\ \date3\

Title Date

Approved for Legal Sufficiency:

Not Required per OAR 137-045-0030(1)(b) Oregon Department of Justice Date

DAS State Procurement Services, Version 2.0 – July, 2025 23

EXHIBIT A

Part 1

Statement of Work To be finalized upon award

1. Purpose.

2. Services to be Provided. Contractor shall

a. Description of outcomes.

b. Deliverables/Quantities.

c. Delivery Schedule.

3. Reporting Requirements.

4. Specifications or Performance Standards. OHA requires that Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

DAS State Procurement Services, Version 2.0 – July, 2025 24

Part 2 Payment and Financial Reporting

1. Payment Provisions.

a. As consideration for the services provided by Contractor during the period specified in Section 1., Effective Date and Duration, of this Contract, OHA will pay to Contractor, a maximum not-to-exceed amount as specified in Section 3., Consideration of this Contract, to be paid as follows:

(1)

b. Contractor Invoice.

(1) Contractor shall send all invoices to OHA’s Contract Administrator at the address specified on page 1, or to any other address as OHA may indicate in writing to Contractor. Contractor's claims to OHA for overdue payments on invoices are subject to ORS 293.462.

(2) Invoices must include the following information:

(a) Contractor name;

(b) Invoice number;

(c) Date of invoice;

(d) This Contract number;

(e) A detailed description of services performed, including the name or names of the individuals who performed the services and prepared the deliverables to which the invoice applies, the dates the services were performed, all deliverables delivered during the period of the invoice, quantity of service provided if billing by unit rate, the rate or rates for the services performed, and the total cost of each service being invoiced;

(f) Itemization and explanation of all expenses for which Contractor claims reimbursement authorized under this Contract; and

(g) The total amount due.

2. Travel and Other Expenses. OHA will not reimburse Contractor for any travel or other expenses under this Contract.

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Part 3

Special Provisions

1. Confidentiality of Information.

a. Client Information.

(1) All information as to personal facts and circumstances obtained by the Contractor on the client (“Client Information”) shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the written consent of the client, his or her guardian, or the responsible parent when the client is a minor child, or except as required by other terms of this Contract. Nothing prohibits the disclosure of information in summaries, statistical, or other forms which does not identify particular individuals.

(2) The use or disclosure of Client Information shall be limited to persons directly connected with the administration of this Contract.

Confidentiality policies shall be applied to all requests from outside sources.

(3) If Contractor, or any of its officers, directors, employees, agents, or subcontractors receives or has access to confidential Social Security Administration (SSA), or Federal Tax Information (FTI), or Criminal Justice Information Services (CJIS) records in the performance of Work under this Contract, Contractor shall comply, and ensure that all of Contractor’s officers, directors, employees, agents and subcontractors comply, with the following provisions:

(a) With respect to SSA records:

i. Provide a current list of employees and employees of any agent or subcontractor with access to SSA records;

ii. Adhere to the same security requirements as employees of OHA;

iii. Abide by all relevant Federal laws, restrictions on access, use, disclosure, and the security requirements contained within OHA’s agreement with SSA;

iv. Provide its employees and agents the same security awareness training as OHA’s employees; and

v. Include the provisions of this Section 1.a.(3)(a) in any subcontract.

DAS State Procurement Services, Version 2.0 – July, 2025 26

(b) With respect to Federal Tax Information (FTI), as defined in IRS Publication 1075:

i. Contractor and its officers, directors and employees with access to, or who use FTI provided by OHA must meet the background check requirements defined in IRS Publication 1075;

ii. Any FTI made available to Contractor shall be used only for the purpose of carrying out the provisions of this Contract. Contractor shall treat all information contained in FTI as confidential and that information shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Contract. Inspection by or disclosure to anyone other than an officer or employee of the Contractor is prohibited;

iii. Contractor shall account for all FTI upon receipt and shall properly store all FTI before, during, and after processing. In addition, all FTI related output and products will be given the same level of protection as required for the source material;

iv. No work involving FTI furnished under this Contract will be subcontracted without prior written approval of the

IRS;

v. Maintain a list of employees who are authorized access to FTI. Such list will be provided to OHA and, upon request, to the IRS reviewing office; and

vi. Include the provisions of this Section 1.a.(3)(b) in any subcontract.

(c) With respect to Criminal Justice Information Services (CJIS) information, Contractor shall:

i. Meet the same training and certification criteria required by governmental agencies performing a similar function, and shall be subject to the same extent of audit review as are local user agencies;

ii. Acknowledge, via signing of the attached CJIS Outsourcing Agreement for Noncriminal Justice Administrative Functions, and abide by all aspects of the CJIS Outsourcing Standard approved by the Director of the FBI, acting for the U.S. Attorney General, DAS State Procurement Services, Version 2.0 – July, 2025 27 as referenced in Title 28 CFR 20.33 (a)(7). Modifications to the CJIS Outsourcing Standard shall be enacted only by the FBI; and

iii. Include the provisions of this Section 1.a.(3)(c) in any subcontract.

(d) Failure to abide by any of the requirements in this subsection could result in criminal or civil penalties and result in termination of this Contract.

(e) Contractor may be subjected to periodic and ongoing security reviews to ensure compliance with the requirements of Section 1.a.(3).

(4) Except as prohibited by Section 1.a.(3) above, OHA, Contractor and any subcontractor will share information as necessary to effectively serve OHA clients.

b. Non-Client Information.

(1) Each Party acknowledges that it and any of its officers, directors, employees and agents may, in the course of performing its responsibilities under this Contract, be exposed to or acquire information that is confidential to the other Party. To the extent permitted by law, any and all information of any form provided to a Party or its officers, directors, employees and agents in the performance of the Contract that reasonably could at the time of its disclosure be understood to be confidential shall be deemed to be confidential information of the originating Party (“Confidential Non- Client Information”).

(2) Confidential Non-Client Information shall be deemed not to include information that:

(a) Is or becomes (other than by disclosure by the Party acquiring such information) publicly known or is contained in a publicly available document except to the extent applicable law still restricts disclosure;

(b) Is furnished by the originating Party to others without restrictions similar to those imposed on the receiving Party under this Contract;

(c) Is rightfully in the receiving Party’s possession without the obligation of nondisclosure prior to the time of its disclosure by the originating Party under this Contract;

DAS State Procurement Services, Version 2.0 – July, 2025 28

(d) Is obtained from a source other than the originating Party without the obligation of confidentiality;

(e) Is disclosed with the written consent of the originating Party;

or

(f) Is independently developed by the receiving Party’s officers, directors, employees and agents who can be shown to have had no access to the Confidential Non-Client Information.

(3) Nondisclosure. The receiving Party shall hold all Confidential Non- Client Information in strict confidence, using at least the same degree of care that it uses in maintaining the confidentiality of its own confidential information; and shall not sell, assign, license, market, transfer or otherwise dispose of, give or disclose Confidential Non- Client Information to third parties; shall not use Confidential Non- Client Information for any purposes whatsoever other than as contemplated by this Contract or reasonably related thereto; and shall advise any of its officers, directors, employees and agents that receive or have access to the Confidential Non-Client Information of their obligations to keep Confidential Non-Client Information confidential. These confidentiality obligations do not restrict disclosure of information otherwise qualifying as Confidential Non- Client Information if the receiving Party can show that either of the following conditions exists: (i) the information was disclosed in response to a subpoena or court order duly issued in a judicial or legislative process, in which case the receiving Party shall notify the originating Party of the subpoena five days prior to the disclosure, unless such notice could not reasonably be given; or (ii) the disclosure was required to respond to a request for the information made under the Oregon Public Records Law, ORS 192.311 to 192.478.

The receiving Party shall notify the originating Party of a public records request five days prior to the disclosure.

c. Upon request and pursuant to the instructions of OHA, Contractor shall return or destroy all copies of Confidential Information, and Contractor shall certify in writing the return or destruction of all Confidential Information.

d. “Client” means any individual, family or provider:

(1) For whom OHA must provide Services and incidental or specialized Goods, in any combination thereof (“Services and Incidental Supplies”), according to state, federal law, rule, and policy. Those Services and Incidental Supplies include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided;

DAS State Procurement Services, Version 2.0 – July, 2025 29

(2) Who in fact receives and utilizes services provided by OHA primarily for that individual's or family's benefit;

(3) Who is under the custody, care, or both of OHA; or

(4) Who provides direct care or Services and is a proxy or representative of the non-provider Client.

2. Amendments.

a. Subject to Section 2.c. below, OHA reserves the right to amend or extend this Contract under the following general circumstances:

(1) OHA may extend the Contract for additional periods of time up to a total Contract period of 5 years, and for additional money associated with the extended period(s) of time. The determination for any extension for time may be based on OHA’s satisfaction with performance of the work or services provided by the Contractor under this Contract.

(2) OHA may periodically amend any payment rates throughout the life of the Contract proportionate to increases of the U.S. Bureau of Labor Statistics’ Consumer Price Index for the Western Region; and to provide Cost Of Living Adjustments (COLA) if OHA so chooses. Any negotiation of increases in rates to implement a COLA will be as directed by the Oregon State Legislature. In addition, OHA may periodically amend any payment rates throughout the life of the Contract to meet current market conditions.

b. OHA further reserves the right to amend the Statement of Work based on the original scope of work of ITB #PO-44300-000017800 for the following:

(1) Programmatic changes, additions or…