GCMS_RFQ.pdf

STATE OF OREGON

DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)

REQUEST FOR QUOTE (RFQ)

Analytical Gas Chromatography Mass Spectrometry (GC/MS) System

TABLE OF CONTENTS

Section A…………………..SCHEDULE OF EVENTS & AGENCY CONTACT INFORMATION

Section B…………………..GENERAL INFORMATION

Section C…………………..SPECIFICATIONS/STATEMENT OF WORK

Attachment 1……………...COST SUBMITTAL FORM

Attachment 2……………...BID COVER SHEET

Attachment 3……………...SAMPLE PURCHASE ORDER (PO)

Exhibit A - REQUIRED INSURANCE

Exhibit B - FEDERAL TERMS AND CONDITIONS

REQUEST FOR QUOTE (RFQ) #S-34000-00008508

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SECTION A - SCHEDULE OF EVENTS & AGENCY CONTACT INFORMATION

Event

Date Time (Pacific Std)

Solicitation Release

October 25, 2023 2:00 PM

Closing Date and Time for Offer Submittal

November 22, 2023 2:00 PM

ISSUING OFFICE: Oregon Department of Environmental Quality (DEQ) AGENCY POINT OF CONTACT: Christina Dell, Procurement & Contract Specialist ADDRESS: 700 NE Multnomah St, Suite 600 CITY, STATE, ZIP: Portland, OR 97232

PHONE (VOICE): 971-323-7233

E-MAIL: Christina.Dell@deq.oregon.gov

*NOTE: THE LOCATION FOR THE GOODS AND SERVICES REQUESTED IN THIS RFQ IS

LISTED BELOW:

Oregon DEQ Laboratory and Environmental Assessment Division (LEAD) 7202 NE Evergreen Parkway, Suite 150 Hillsboro, OR 97124 Main Office (503) 693-5700

SECTION B – GENERAL INFORMATION

1. The purpose of this Request for Quote (RFQ) is to establish a Purchase Order (PO) for the Department of Environmental Quality (“DEQ” or “Agency”), Laboratory and Environmental Assessment Division (LEAD) located in Hillsboro, Oregon for the one-time purchase of an analytical Gas Chromatography Mass Spectrometry (GC/MS) system. The PO will also include installation and initial operator training.

Oregon Department of Environmental Quality’s (DEQ) mission is to be a leader in restoring, maintaining, and enhancing the quality of Oregon's air, land and water. The DEQ Laboratory and Environmental Assessment Division (LEAD) works to keep Oregon’s air and waters safe and healthy by collecting, analyzing, and reporting environmental samples. DEQ’s LEAD provides critical information for understanding how well these goals are being met, for identifying emerging air and water quality concerns, planning permit limits, assessing compliance with environmental regulations, developing effective pollution reduction strategies, and understanding trends in air and water quality statewide.

Chemical analysis conducted by the DEQ LEAD’s Organic Chemistry section provides critical data points used to help support agency programs and fulfill the agency’s mission. Chemistry staff operate complex analytical instrumentation to accurately identify and quantify a wide range of chemicals found in water, air, sediment, and tissue samples. The scope of the section’s work ranges from routine water mailto:Christina.Dell@deq.oregon.gov

DEQ RFQ Template (DRAFT V.1 7/2017) 3 quality parameters such as Total Organic Carbon, to analysis of legacy pesticides and persistent organic pollutants, to developing methods for the analysis of contaminants of emerging concern such as per-and polyfluoroalkyl substances (PFAS). Staff also provide technical assistance to agency programs relating to interpretation of analytical reports and recommendations for appropriate analyses.

In support of the agency’s Air Toxics Monitoring program, the analytical GC/MS system will be for performing laboratory analysis of Volatile Organic Compounds (VOCs) in air samples by EPA TO- 15A, which includes analysis from two Oregon-based US EPA National Air Toxics Trends Station (NATTS) sites and 4 annual rotating air toxic sites.

DEQ is seeking offers from qualified manufacturers with demonstrated experience in providing reliable analytical instrumentation. This RFQ is a single award opportunity. Bidders must be able to supply the goods that meet all required specifications and perform all services specified in the Statement of Work (Section C) and comply with all Terms and Conditions of Attachment 3 and Exhibits A and B.

The Mandatory Specifications/Statement of Work; delivery and installation requirements for this RFQ are outlined in Section C. The Sample PO (Attachment 3) contains the terms and conditions that will govern any contract between DEQ and the successful Bidder.

DEQ is issuing this RFQ pursuant to its authority under Oregon Administrative Rule (OAR) 125-246- 0170(2).

2. OregonBuys

This solicitation, including addenda, is posted on the OregonBuys state procurement platform.

OregonBuys provides access to procurement and contracting information issued by the State of Oregon, local governments, and political subdivisions. Offerors that wish to view or download a procurement opportunity need to be registered at https://oregonbuys.gov/bso/view/login/login.xhtml

3. COBID Participation

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, DEQ encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. DEQ also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. All businesses that are to be counted as a minority, women, or emerging small business must be registered with the Certification Office of Business Inclusion and Diversity (COBID). For more information, please visit http://www.oregon4biz.com/How-We-Can-Help/OMWESB/.

4. Pay Equity Training ORS 279A.167 requires pay equity training requirements for Oregon businesses who bid on public contracts. Businesses with one or more employees must provide proof that they are properly trained on Oregon’s pay equity laws.

To comply, Bidder must complete the State’s online Pay Equity Training and provide proof of completion by submitting a copy of the training certificate with their bid.

Pay Equity Training: https://ilearn.oregon.gov/Default.aspx https://oregonbuys.gov/bso/view/login/login.xhtml http://www.oregon4biz.com/How-We-Can-Help/OMWESB/ https://ilearn.oregon.gov/Default.aspx

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To learn more please visit the Department of Administrative Services Pay Equity webpage at https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5. Submittal Requirements, Due Date and Questions

Bidders must complete and return the following 3 items:

1. Attachment 1 (Cost Submittal Form)

2. Attachment 2 (Bidder Cover Sheet)

3. Pay Equity Training Certificate (see Section A, #4)

The completed items can be submitted no later than 2:00 PM (PT) November 22, 2023 to the OregonBuys e-procurement system.

Questions or requests for clarification regarding this RFQ must be submitted to either Oregon Buys in the bid opportunity or to bidsdeq@deq.oregon.gov

The closing date and time are subject to change. Changes, if any, will be posted to OregonBuys by written Addenda.

6. Bid Evaluation and Contractor Selection

To be considered responsive, bids must substantially comply with all requirements of this RFQ and all prescribed public solicitation procedures. Bids that do not comply with the requirements of this RFQ or meet all prescribed solicitation procedures will be deemed non-responsive. In making such evaluation, DEQ may waive minor informalities and irregularities.

DEQ will award a PO to the responsive, responsible Bidder. The PO will be awarded based on cost, required specifications met, and preferred specifications met.

SECTION C – SPECIFICATIONS/STATEMENT OF WORK; DELIVERY AND INSTALLATION;

AND ACCEPTANCE CRITERIA

SPECIFICATIONS/STATEMENT OF WORK

DEQ is committed to continuing its work in trace level environmental analysis, as well as working to expand its capabilities to meet future needs of agency stakeholders by procurement of an analytical GC/MS system that meets or substantially meets the specifications below.

The GC/MS will be operated for the analysis of VOC’s in ambient air samples by EPA method TO-15A, as well as in compliance with EPAs National Air Toxics Trends Stations (NATTS) Technical Assistance Document (TAD), revision 4, and must meet or exceed all critical quality control criteria as outlined in these documents.

- NATTS TAD, REV 4: https://www.epa.gov/system/files/documents/2022-08/NATTS-TAD-

Revision-4-Final-July-2022-508.pdf

- EPA TO-15A: https://www.epa.gov/sites/default/files/2019-12/documents/to-15a_vocs.pdf https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx mailto:bidsdeq@deq.oregon.gov https://www.epa.gov/system/files/documents/2022-08/NATTS-TAD-Revision-4-Final-July-2022-508.pdf https://www.epa.gov/system/files/documents/2022-08/NATTS-TAD-Revision-4-Final-July-2022-508.pdf https://www.epa.gov/sites/default/files/2019-12/documents/to-15a_vocs.pdf

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Technical Requirements

Required specifications:

• Single quadrupole MS detector for ultra-trace level applications

• Mass range: m/z 10 – 550

• Capable of producing 15-20 scans across a typical GC peak

• Full scan, SIM, and SIM/Scan acquisition modes

• Electron Ionization (EI) ion source

• GC Oven with Liquid Nitrogen (LN2) cryogenic cooling

• Temperature range -50 to 350 °C

• Thermal desorption volatiles interface inlet, must fully integrate with ENTECH 7200 Pre-concentrator system

• Capable of detecting VOCs in air < 10 parts per trillion volume (pptv)

• External software control for instrument operation and data processing

• Controlling PC with Windows 10 OS or newer

• Data system must interface with LIMS (Promium – Element)

• 1-year manufacturer full system warranty

Preferred specifications:

• Helium conservation module

• Deconvolution software for analysis of unknowns

DELIVERY & INSTALLATION:

Equipment will be shipped to the DEQ Laboratory Shipping and Receiving address found in Section A of this request. Shipping will be Freight On Board (FOB).

SAFETY AND SECURITY

1. Contractor shall follow all DEQ Laboratory safety and security procedures while on the premises.

2. Contractor must immediately notify Agency Contract Administrator of any damage done by

Contractor to Agency building(s), property, or surrounding area(s). Agency shall determine method of damage repair but Contractor will be solely responsible for all costs associated with repair.

3. Contractor shall ensure that all personnel assigned to operate any motor vehicle on

State property during the performance of this PO are properly trained, licensed, and insured.

ACCEPTANCE CRITERIA

RETURNS/INSPECTIONS/ACCEPTANCE

DEQ shall have thirty (30) calendar days from date of system installation within which to inspect and accept or reject the Goods. If the Goods are rejected, DEQ shall provide Contractor with written notification of rejection.

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Notice of rejection shall include itemization of apparent defects, including but not limited to (i) discrepancies between the Goods and the applicable specifications or warranties (including incorrect size) or (ii) otherwise nonconforming Goods (including late delivery).

Notice of rejection shall also indicate whether cure will be allowed. Contractor shall be responsible for all charges for returned or replaced Goods in situations where returned and replacement is Contractor’s error.

1. CURE: DEQ may elect to have the Contractor deliver substitute Goods that comply with the

PO specifications and warranties. The Contractor shall deliver substitute conforming Goods within thirty (30) calendar days of receipt of notice of rejection and opportunity to cure. Failure to complete cure within the thirty (30) calendar-day period shall constitute a material default of the Contract.

2. REMOVAL/REIMBURSEMENT: If the Goods are rejected or acceptance is revoked, the

Contractor shall refund any PO payments that have been made with regard to the rejected Goods, and shall (at Contractor's sole cost and expense) remove the Goods within thirty (30) calendar days of receiving notice of rejection or revocation of acceptance.

3. RISK OF LOSS: Delivery shall not be considered complete, and risk of loss shall remain with Contractor, until acceptance by DEQ or expiration of the inspection period (Section B above), whichever occurs first.

DAMAGE AND LOSS

Contractor shall assume full risk and responsibility for any loss, destruction, and wear and tear of its Goods, except that attributable to DEQ by reason of the negligence of its employees while acting within the scope of their employment. The basis for determining whether employee negligence has occurred shall be mutually agreed upon by DEQ and Contractor.

Invoicing / Payment Provisions

A. Invoicing

Contractor shall submit invoices for work performed. The invoice shall include but is not limited to PO number, delivery dates, an itemized list of services, goods, and quantities delivered, employee name when applicable, units and extended prices, and the total invoice amount.

Contractor requests Agency to pay. All items and prices must be in accordance with Attachment 1

– Cost Submittal Form.

DEQ will compare the invoice with the PO and packing/delivery slips. Any discrepancy may result in delay of payment while clarification is obtained from Contractor.

Contractor shall send invoices to: DEQEXP@deq.oregon.gov or within Oregon Buys

DEQ Invoice payments will be sent to:________________________________ mailto:DEQEXP@deq.oregon.gov

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ATTACHMENT 1

COST SUBMITTAL FORM

Bidder must provide prices for all items in all sections below.

Prices must be in U.S. Funds, no more than two (2) digits to the right of decimal point.

If DEQ discovers an error in the extension of any item, the unit prices will govern.

If there is no charge for any item, write N/C in the corresponding price column.

Bidder shall list all costs that will be charged to DEQ that have not been previously identified above. These items must be clearly described, shall include itemized pricing for each occurrence, and the frequency of cost.

If additional line items are needed by Bidder, attach additional sheet labeled Attachment 1 with clearly identified section number/name and in the same table format as below. Bidder may also attach a quote as Attachment 1 instead of completing the pricing table below.

Costs not included on this Attachment 1 in Bidder’s Offer will not be included as allowable costs in the

PO.

Item #

Description of Item

Price per

Each

Bid Evaluation:

The contract will be awarded based on cost, required specifications met, and preferred specifications met.

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ATTACHMENT 2

BID COVER SHEET

PART 1 – GENERAL INFORMATION

RFQ #: __________________

Organization Name (tax filing): ___________________________________________________________

Primary Contact: __________________________________ Title: ________________________________ (Print Name)

Street Address: ____________________________________ City, State, Zip: ________________________

Telephone: _______________________ E-mail Address: ________________________________________

OregonBuys #: _______________________ (Contractor Only) Oregon Business ID#: __________________

COBID #: _____________________ (Contractor Only: If certified by the Certification Office of Business Inclusion and Diversity (COBID) as a Disadvantaged Business Enterprise, Minority Business Enterprise/Women Business Enterprise, or Emerging Small Business.)

Delivery Method. Please check the applicable box below. If Bidder is using a common carrier to deliver the goods identified in the RFQ or subcontractor any part of the work bidder must provide company information for each subcontractor with the Bid. Bidder must state whether or not the subcontractor is registered with the Oregon Office of Minority, Women’s and Emerging Small Business Enterprises and provide the certification number.

□ My company will be shipping the goods by common carrier.

□ My company will be shipping the goods using our company fleet and understand I must meet the insurance types and limits and provide proof of insurance as outlined in Attachment 2 Part IV upon request.

Provide below the name and title of the person(s) authorized to sign any Contract that may result.

Authorized Representative: _______________________________________________________________ (Print Name) Title

Authorized Signer(s): _____________________________________________________________________ (Print Name) Title

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PART II – REPRESENTATIONS, ATTESTATIONS, AND CERTIFICATIONS: The undersigned further acknowledges, attests and certifies individually and on behalf of the Bidder that:

1. No attempt has been made or shall be made by the Bidder to induce any other person or organization to submit or not submit a Bid.

2. Information and prices included in this Bid shall remain valid for ninety (90) days after the bid due date or until a Contract is approved, whichever comes first.

3. The Bidder understands that all Bids not withdrawn prior to the RFQ Close Date become the property of the State of Oregon as of the Bid due date and Bidder grants the State the right to use all information contained therein.

4. The Bidder acknowledges receipt of all Addenda issued under the RFQ.

5. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, nor has Bidder or will Bidder discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.

6. The Bidder, acting through its authorized representative, has read and understands all RFQ instructions, specifications, and terms and conditions contained within the RFQ, including those in the Sample Contract.

7. The Bidder agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the RFQ, including all Addenda, if any;

8. The Bid submitted is in response to the specific language contained in the RFQ, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the RFQ, or (b) any previously-issued RFQ, if any.

9. The Bidder agrees that if awarded the Contract, Bidder shall be authorized to do business in the State of

Oregon at the time of the award;

10. Agency shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of the RFQ.

11. The Agency shall not be liable for any expenses incurred by Bidder in either preparing or submitting its

Bid, or in participating in any evaluation/selection process, if any.

12. Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the Contract and of the Work set forth in this document.

13. Bidder, acting through its authorized representative, has knowledge regarding Contractor’s payment of taxes, and to the best of Bidders knowledge the Contractor is not in violation of any Oregon tax laws, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318. Bidder understands and agrees to provide written notice to Agency within two business days of any change to the Bidder’s status of tax law compliance.

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PART III – OFFICE OF FOREIGN ASSETS CONTROL AND US DEPARTMENT OF STATE:

Bidder and Bidder’s employees and agents are not included on:

a. The list entitled “Specialty Designated Nationals and Blocked Persons” 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 or

b. The list entitled “Current List of Designated Foreign Terrorist Organizations of the US Department of State” and currently found at https://www.state.gov/j/ct/rls/other/des/123085.htm

Part IV – INSURANCE REQUIREMENTS: Bidder agrees to meet the insurance requirements outlined in Attachment 3, Exhibit A – Insurance Requirements that will be included as a part of any Contract issued in response to this RFQ.

PART V – SIGNATURE: The signatory of this Bidder Cover sheet is a duly authorized representative of the Bidder, has been authorized by Bidder to make all a representations, attestations, and certifications contained in this bid document and all Addenda, if any, issued, and to execute this Bid document on behalf of Bidder.

By signature below, the undersigned Authorized Representative hereby certifies on behalf of Bidder that all contents of this Bidder Cover sheet and the submitted Bid are truthful, complete and accurate. The undersigned Authorized Representative further agrees to have knowledge regarding Bidder’s payment of taxes, and to the best of the Authorized Representative’s knowledge, Bidder is not in violation of any change to the Bidder’s status of tax law compliance. Failure to provide information required by the RFQ may ultimately result in rejection of the Bid.

THIS COVER PAGE MAY NOT BE ALTERED. THIS COVER PAGE MUST BE SIGNED IN BLUE

OR BLACK INK BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER.

Authorized Signature: ___________________________________________________________________

Print Name: ______________________________________________________________________

Title: ______________________________________________________________________ https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.state.gov/j/ct/rls/other/des/123085.htm

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ATTACHMENT 3

SAMPLE PURCHASE ORDER (PO)

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EXHIBIT A

REQUIRED INSURANCE

INSURANCE REQUIREMENTS:

Contractor shall obtain at Contractor’s expense the insurance specified in this section prior to performing under this Contract and shall maintain it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period or tail coverage requirements, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident.

If contractor is an employer subject to any other state’s workers’ compensation law, Contactor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

COMMERCIAL GENERAL LIABILITY:

Required Not required

Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract, and have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.

AUTOMOBILE LIABILITY INSURANCE:

Required Not required

Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.

PROFESSIONAL LIABILITY:

Required Not required Professional Liability insurance covering any damages caused by an error, omission or any negligent acts related to the services to be provided under this Contract by the Contractor and Contractor’s subcontractors, agents, officers or employees in an amount not less than $1,000,000 per claim. Annual aggregate limit shall not be less than $2,000,000. If coverage is on a claims made basis, then either an extended reporting period of not less than 24 months shall be included in the Professional Liability insurance coverage, or the Contractor shall provide Continuous Claims Made Coverage as stated below.

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EXCESS/UMBRELLA INSURANCE:

A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance.

ADDITIONAL INSURED:

The Commercial General Liability insurance and Automobile liability insurance required under this Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.

TAIL COVERAGE:

If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii) Agency or Contractor termination of contract, or, iii) The expiration of all warranty periods provided under this Contract.

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract.

NOTICE OF CHANGE OR CANCELLATION:

The contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

INSURANCE REQUIREMENT REVIEW:

Contractor agrees to periodic review of insurance requirements by Agency under this agreement and to provide updated requirements as mutually agreed upon by Contractor and Agency.

STATE ACCEPTANCE:

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section 4.

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EXHIBIT B

FEDERAL TERMS AND CONDITIONS

Without limiting the generality of the Contract, Contractor shall comply and, as indicated, cause all subcontractors to comply with the following federal requirements. For purposes of this Contract, all references to federal laws are references to federal laws as they may be amended from time to time.

1. Equal Employment Opportunity. If this Contract, including amendments, is for more than $10,000, then Contractor shall 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). The Executive Order prohibits contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

2. Clean Air Regulations. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)). The Act provides, in part:

2.1. No agency may enter into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of the Act associated with the violation of 113(c)(2).

2.2. The Administrator may extend this prohibition to other facilities owned or operated by the convicted person.

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a).

2.3. In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

2.4. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

2.5. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606]

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3. Clean Water Regulations. Contractor shall comply with all applicable standards, orders, or requirements issued under the Federal Water Pollution Control Act as amended (commonly known as the Clean Water Act) (33 U.S.C. 1251 to 1387).

3.1. No Federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) of this Act for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

3.2. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s water, the President shall, not more than 180 days after the enactment of this Act, cause to be issued an order:

3.2.1. Requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and

3.2.2. Setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

3.3. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

3.4. The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

3.4.1 No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.

3.4.2. In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).

4. EPA Regulations. Contractor shall comply with all applicable standards, orders, or requirements under Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to the Agency, HHS and the appropriate Regional Office of the Environmental Protection Agency.

Contractor shall include and cause all subcontractors to include in all contracts with subcontractors receiving more than $100,000 in Federal Funds, language requiring the subcontractor to comply with the federal laws identified in this section.

5. Energy Efficiency. Contractor shall 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 (Pub. L. 94-163).

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6. Truth in Lobbying. This Act prohibits the recipients of federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific contract, grant, or loan. As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110. The Contractor certifies, to the best of the Contractor’s knowledge and belief that:

6.1. 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 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.

6.2. 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.

6.3. 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.

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, 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.

7. HIPAA Compliance. If the work performed under this Contract is covered by the Health Insurance Portability and Accountability Act or the federal regulations implementing the Act (collectively referred to as HIPAA), Contractor agrees to perform the work in compliance with HIPAA. Without limiting the generality of the foregoing, work performed under this Contract is covered by HIPAA. Contractor shall comply and cause all subcontractors to comply with the following:

7.1. Privacy and Security Of Individually Identifiable Health Information. Individually Identifiable Health Information about specific individuals is confidential. Individually Identifiable Health Information relating to specific individuals may be exchanged between Contractor and Agency for purposes directly related to the provision of services to clients which are funded in whole or in part under this Contract. However, Contractor shall not use or disclose any Individually Identifiable Health Information about specific individuals in a manner that would violate the Agency Privacy Rules, OAR 407-014-0000 et. seq., or the Agency Notice of Privacy Practices, if done by Agency. A copy of the most recent Agency Notice of Privacy Practices is posted on the Agency web site at http://www.oregon.gov/OHA, or may be obtained from Agency.

7.2. Data Transactions Solutions. If Contractor intends to exchange electronic data transactions with Agency in connection with claims or encounter data, eligibility or enrollment information, authorizations or other electronic transaction, Contractor shall execute an EDI Trading Partner Agreement with Agency and shall comply with the Agency EDI Rules.

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7.3. Consultation and Testing. If Contractor reasonably believes that the Contractor’s or the Agency’s data transactions Solution or other application of HIPAA privacy or security compliance policy may result in a violation of HIPAA requirements, Contractor shall promptly consult the Agency’s HIPAA officer. Contractor or Agency may initiate a request for testing of HIPAA transaction requirements, subject to available resources and the Agency’s testing schedule.

7.4. If Contractor is deemed to be a business associate of Agency under HIPAA’s Privacy Rule, 45 CFR Parts 160 and 164, Contractor hereby provides Agency with satisfactory assurances that if it receives from Agency or any trading partner any protected health information of any individual, it shall maintain the security and confidentiality of such information as required by the HIPAA’s Privacy Rule, and other applicable laws and regulations. Without limiting the foregoing, Contractor agrees that:

7.4.1. Contractor will not use or further disclose Protected Health Information otherwise than as permitted or required by this Contract or as required by law;

7.4.2. Contractor will use appropriate safeguards to prevent use or disclosure of PHI otherwise than as provided for by this Contract;

7.4.3. Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to Contractor of a use or disclosure of PHI by Contractor in violation of the requirements of the Contract;

7.4.4. Contractor will report to Agency any use or disclosure of PHI not provided for by this Contract of which Contractor becomes aware;

7.4.5 Contractor agrees to ensure that any agents, including subcontractors, to whom it provides PHI, agree to the same restrictions and conditions that apply to Contractor with respect to such information;

7.4.6. Contractor shall make available to Agency such information as they may require to fulfill their obligations to account for disclosures of such information;

7.4.7. Contractor shall make its internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from the Agency or trading partner (or created or received by Contractor on behalf of Agency or trading partner) available to Agency and to the Secretary of the United States Department of Health and Human Services, for purposes of determining Agency’s or trading partners’ compliance with HIPAA; and

7.4.8. If feasible, upon termination of this Contract, Contractor shall return or destroy all PHI received from Agency or trading partners (or created or received by Contractor on behalf of Agency or trading partners) that Contractor still maintains in any form, and shall retain no copies of such information or, if return or destruction is not feasible, Contractor shall continue to extend the protections of this Contract to such information, and limit further use of the information to those purposes that make the return or destruction of the information infeasible.

Subject to the foregoing restrictions, Agency agrees that Contractor may use such PHI in the process of providing transaction mapping, trading partner profiling and training and mentoring services for Agency and trading partners under this Contract.

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8. Resource Conservation and Recovery. Contractor shall comply and cause 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 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs 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 Parts 247-253.

9. Substance Abuse Prevention and Treatment and Drug Free Workplace. Contractor shall comply with federal rules and statutes pertaining to the Substance Abuse, Prevention, and Treatment Block Grant, including the reporting provisions of the Public Health Services Act (42 USC 300x through 300x-64). In addition, the Federal government implemented the Drug Free Workplace Act of 1988 in an attempt to address the problems of drug abuse on the job. It is a fact that employees who use drugs have less productivity, a lower quality of work, and a higher absenteeism, and are more likely to misappropriate funds or services. From this perspective, the drug abuser may endanger other employees, the public at large, or themselves. Damage to property, whether owned by this entity or not, could result from drug abuse on the job. All these actions might undermine public confidence in the services this entity provides.

Therefore, in order to remain a responsible source for government contracts, Contractor acknowledges the following:

9.1. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place.

9.2. Violators may be terminated or requested to seek counseling from an approved rehabilitation service.

9.3. Employees must notify their employer of any conviction of a criminal drug statue no later than five days after such conviction.

9.4. Although alcohol is not a controlled substance, it is nonetheless a drug. It is the policy of the State of Oregon that abuse of this drug will also not be tolerated in the workplace.

Contractor certifies that they will provide drug-free workplaces for their employees.

10. Audits. Contractor shall comply and, if applicable, cause a subcontractor to comply, with the applicable audit requirements and responsibilities set forth in the Office of Management and Budget Circular A-133 entitled “Audits of States, Local Governments and Non-Profit Organizations.”

11. 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. 12,549 and No. 12,689, “Debarment and Suspension”. (See 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110.). 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.

Contractor certifies:

11.1. Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

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11.2. Contractor has not within a three-year period preceding the Effective Date of this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

11.3. Contractor is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

11.4. Contractor has not within a three-year period preceding the Effective Date of this Contract had one or more public transactions (federal, state, or local) terminated for cause or default.

12. Medicaid Compliance. To the extent Contractor performs any work whose costs are paid in whole or in part by Medicaid, Contractor shall comply with and cause its subcontractors to comply with the federal and State Medicaid statutes and regulations applicable to the work, including but not limited to:

12.1. Keeping such records as may be necessary to disclose the extent of services furnished to clients and, upon request, furnish such records or other information to Agency, the Medicaid Fraud Control Unit of the Oregon Agency of Justice and the Secretary of Health and Human Services;

12.2. Complying with all applicable disclosure requirements set forth in 42 CFR Part 455, Subpart B;

12.3. Complying with any applicable advance directive requirements specified in 42 CFR section 431.107(b)(4);

and

12.4. Complying with the certification requirements of 42 CFR sections 455.18 and 455.19.

Contractor shall include and cause all subcontractors to include in all contracts with subcontractors receiving Medicaid, language requiring the subcontractor to comply with the record keeping and reporting requirements set forth in this section and with the federal laws identified in this section.

13. Americans with Disabilities Act. Contractor shall comply and cause all subcontractors to comply with Title II of the Americans with Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.) in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the performance of work. This Act (28 CFR Part 35, Title II, Subtitle A) prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services.

14. Pro-Children Act. Contractor shall comply and cause all subcontractors to comply with the Pro-Children Act of 1994 (codified at 20 USC section 6081 et. seq.).

15. Federal Tax Information. Contractor shall comply with the provisions of Section 6103(b) of the Internal Revenue Code, the requirements of IRS Publication 1075, and the Privacy Act of 1974, 5 U.S.C. §552a et. seq. related to federal tax information.

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16. Educational Records. Contractor shall comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

17. National Voter…