ITB_S-44000-00005242_X-Ray Diffraction System~2.pdf

ITB #S-44000-00005242 – X-Ray Diffraction System

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STATE OF OREGON

COVER PAGE

Department of Consumer and Business Services Occupational Safety and Health Division

Invitation to Bid (ITB)

Rigaku SmartLab PhotonMax Multipurpose X-ray Diffraction System

OREGONBUYS BID #S-44000-00005242

Date of Issue: December 20, 2022

Closing: January 4, 2023, Time 2:00 PM (Pacific)

Single Point of Contact (SPC): Franie Wilkins, Procurement Specialist

Address: 350 Winter Street NE

City, State, Zip: Salem, OR 97301

Phone: 971-375-7759

E-mail: frances.j.wilkins@dcbs.oregon.gov

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 BACKGROUND AND PURPOSE

1.3 CONTRACT INFORMATION

1.4 DELIVERY

1.5 SCHEDULE OF EVENTS

1.6 OREGONBUYS

1.7 DEFINITION OF TERMS

1.8 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 ADDENDUM

2.8 PROTEST OF ADDENDUM

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 PREFERENCES

4.5 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

7.7 ATTACHMENTS

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Department of Consumer and Business Services, Occupational Safety and Health Division, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Goods and Services for the purchase, installation and maintenance of an Rigaku SmartLab PhotonMax Multipurpose X-Ray Diffraction System consisting of a vertical goniometer, X-ray generator and tube, high speed detector (including all required optics), automatic sample changer with sample holders, water chiller, cabinet, computer and software, all of which, shall be included in an integrated system. The equipment’s mandatory specifications are outlined in Attachment C, Specifications. Agency will not accept bids for equipment other than the requested equipment.

1.2 BACKGROUND AND PURPOSE

Oregon Occupational Safety and Health (“OR-OSHA”), a division within the Department of Consumer and Business Services, was established in 1973 when Oregon Passed its own occupational safety and health legislation, the Oregon Safe Employment Act. OR-OSHA is responsible for assuring safe and healthful working conditions for Oregon workers and carries out its mission through:

• Consultation Services

• Enforcement (i.e., workplace inspections)

• Education (i.e., workshops and educational materials) to employees and employers.

• Laboratory Analyses

The OR-OSHA lab is one of only four government OSHA labs in the United States accredited by the American Industrial Hygiene Association.

Among other things, the OR-OSHA Lab analyzes employee exposure to samples of hazardous substances such as silica in workplaces throughout the state. Silica exists in many different forms and is one of the most abundant natural materials. One of the most common forms of silica is ‘crystalline silica’, which can be found in some:

• Stone

• Rock

• Gravel

• Soil

• Sand

• Clay

• Quartz

Crystalline Silica can also be found in construction materials such as concrete, bricks, mortar, and tiles.

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Exposure to Crystalline Silica dust (aka Respirable Crystalline Silica) can cause Silicosis; an inflammatory disease of the lungs. Multiple studies also show that high cumulative levels of Respirable Crystalline Silica increase an individual’s risk of developing lung cancer. A new federal rule was enacted in 2018 which cut the OSHA permissible exposure level (PEL) of silica in half. X- Ray Diffraction (XRD) is the only technique capable of distinguishing polymorphs and quantifying crystalline silica in a wide variety of industrial dusts. XRD is necessary to reliably quantify silica exposures at the revised exposure limits and maintain the OR-OSHA’s laboratory accreditation by the AIHA. This accreditation is required to report silica exposure results to the health enforcement and consultative staff of OR-OSHA.

Agency has had the current OR_OSHA laboratory diffractometer for 13 years. It has reached end-of-life and it is no longer supported by the manufacturer. After research, Agency determined the Rigaku SmartLab PhotonMax Multipurpose X-Ray Diffraction System (“Rigaku Smartlab”) will best support OR-OSHA’s established analysis methods and processes, which directly impact its AIHA accreditation. Additionally:

• The federal OSHA lab utilizes – and recommends OR-OHSA also utilize - the Rigaku SmartLab.

• The PhotonMax 9kW X-Ray source is the most powerful lab-based X-Ray source currently available in the market. By combining this X-Ray source intensity with an incident flat mirror that suppresses background, the Rigaku SmartLab generates the best lower limit of detection for respirable free silica measurements.

Agency retains the right to purchase parts and/or repair services from the manufacturer’s factory-trained service engineers or their factory-trained representative for the duration of this contract and any future amendments. This would include replacement X-ray tubes and all additional required replacement parts and travel expenses for factory-trained service engineers needed to conduct assessments and/or perform repairs, maintenance or upgrades.

1.3 CONTRACT INFORMATION

Agency anticipates the award of one (1) Contract resulting from this ITB. The initial contract term is anticipated to be five years with an option to extend for additional years of service and maintenance as required by Agency.

1.4 DELIVERY

Bidder shall deliver Goods, and Agency must receive Goods no later than June 30, 2023, unless mutually agreed upon. Shipping will be F.O.B. Destination and shall be included on the quote.

Delivery Address: North Valley Complex Department of Administrative Services

Oregon OSHA Lab 26755 SW 95th Avenue Wilsonville, OR 97070

The North Valley Complex is currently under construction so delivery address is subject to change to Agency’s current lab location in Portland Oregon. Delivery location will be confirmed prior to shipment.

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1.5 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 (PT).

Event Date Time

Questions / Requests for Clarification Due December 27, 2022 2:00 PM (PT)

Answers to Questions / Requests for Clarification Issued (approx.)

December 30, 2022

ITB Protest Period Ends 7 calendar days prior to ITB Bid Opening

Bid Opening (Proposal Due) January 4, 2023 2:00 PM (PT)

Issuance of Notice of Intent to Award (approx.) January 5, 2023

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

Contract Execution (approximate) January 13, 2023

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.6 OREGONBUYS

1.6.1 Registration Requirement: All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website:

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

Vendors are responsible for ensuring that their vendor information is current and correct, including adding the appropriate NIGP codes in OregonBuys. Agency will accept no responsibility for incorrect vendor information.

1.7 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment A.

1.7.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

• “SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20User%20Maintenance.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20User%20Maintenance.pdf

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• “Schedule of Events” means the specific time and dates events relating to this ITB will occur.

• “Successful Bidder” means the person(s), organization(s) to which the award is made.

1.7.2 Project Specific Definitions

• Agency: Department of Consumer and Business Services, Occupational Safety and Health Division

• Occupational Safety and Health Administration (OSHA): Part of the United States Department of Labor. It is a federal program that became part of national labor law in 1971 to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.

• Oregon OSHA (OR-OSHA): In 1973 Oregon passed its own occupational safety and health legislation, the Oregon Safe Employment Act. which authorized Oregon OSHA to enforce the state's workplace safety and health rules. Oregon OSHA is a division under the Department of Consumer and Business Services.

1.7.3 Crosswalk of Terms used in OregonBuys

• Amendment: “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

• Bid Opening Date: “Closing” as defined in OAR 137-046-0100(5). In OregonBuys it is

• The deadline for submitting Quotes (Bids, Proposals, or other required responses) required by a Bid Solicitation.

• Bid Solicitation: Any form of opportunity, solicitation or notice: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

• Purchaser: The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” (including email address) in OregonBuys.

• Quote: Any form of offer submission by vendors; i.e., Bids, Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

• Vendor: Any form of business entity registered in OregonBuys.

1.8 SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests about any component of this ITB, including the 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: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency has authority under approved Delegation REQ-DASOBO-00027142 to solicit and contract for these Goods and Services.

Agency is conducting this ITB pursuant to ORS 279A.050 and OAR 125-246-0170(3)(C).

2.2 PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.

2.3 PRE-BID CONFERENCE

A pre-Bid conference will not be held for this ITB.

2.4 OREGONBUYS

This ITB, including all Addenda, attachments and exhibits is posted on OregonBuys at https://oregonbuys.gov. ITB documents will not be mailed.

2.4.1 OREGONBUYS ASSISTANCE

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

2.5 QUESTIONS AND CLARIFICATIONS

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Bidder’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule, Section 1.2.

SPC will provide a Questions and Answer (Q&A) document through OregonBuys as well as emailing the Q&A document directly to the Bidders who submitted questions.

Questions by telephone are not accepted.

https://oregonbuys.gov/ mailto:support.oregonbuys@das.oregon.gov

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2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.5, or Section 2.8 for Addendum. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB #S-44000-00005242;

• Reason for the protest, including:

(1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

d) Improperly specifies a brand name; and

(2) Provide evidence and documentation supporting the grounds on which the protest is based.

• 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. Protests not meeting these requirements will not be considered by Agency.

Protests will be received by the following method:

• Emailed to the SPC identified on the cover page of this ITB.

2.7 ADDENDUM

Unless otherwise stated in the ITB, Agency shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys, unless an alternate process is defined in Section 2.4. Bidder is responsible for monitoring OregonBuys regularly until Bid Opening. Agency is not responsible for sending Addendum to any prospective Bidder.

2.8 PROTEST OF ADDENDUM

Unless a modified deadline is set forth through Addendum, a prospective Bidder may submit a protest of the Addendum by the close of the next business day after the issuance of the Addendum, or no later than the due date for Protests of ITB identified in Section 1.5 of this ITB, whichever is later. Unless otherwise specified in the Addendum, a protest must be submitted in the same manner as a protest of the ITB under Section 2.8.

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SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 180 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, before Bid Opening. Agency shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

• OregonBuys Electronic Response. Bidder should submit its Bid electronically through OregonBuys. Bidder should follow the procedures outlined in the detailed instructions on how to submit a Quote found at OregonBuys Vendor Formal Solicitation Response.pdf

3.2.2 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with Bidder’s authorized representative’s signature, and all required documents must be submitted on or before Bid Opening (date and time).

3.2.3 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

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 pursuant to Section 3.2.4.

• All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Submit modification(s), in writing, on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be made in ink and must be properly initialed by Bidder’s authorized representative.

• Submit the modified Bid electronically through OregonBuys, labeled as “Modified Bid”.

• Oral, email, facsimile or telephonic modifications will not be accepted.

3.2.4 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

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

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3.2.5 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.6 OPENING OF BIDS

There will be no public opening of Bids. However, Agency will record and make available the identity of all Bidders after Opening.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive. Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 BID OPENING DATE

Bid and all required submittal items must be received by the SPC on or before Bid Opening. All Bid modifications or withdrawals must be completed prior to Bid Opening.

Bids received after Bid Opening are considered LATE and will NOT be accepted for evaluation.

Late Bids will be returned to the respective Bidder or destroyed.

3.3.2 REQUIRED FORMS

Bidder must submit the following forms, each as a separate attachment:

• Attachment B – Bid Cover Sheet

• Attachment D – Bid Submission Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

3.3.3 AUTHORIZED SIGNATURE

The Bid Cover Sheet and Bid Submittal Form must be signed by person(s) legally authorized to bind the Bidder to the Bid and the Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of Agency, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

3.3.4 RESERVED FOR NUMBERING PURPOSES

3.3.5 MATERIAL OR TECHNICAL REQUIREMENTS

Agency is requesting Bids for the purchase, delivery and installation of one (1) new RIGAKU SmartLab PhotonMax Multipurpose Ѳ/Ѳ X-ray Diffraction System.

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Bid Equipment MUST meet or exceed all the specifications and include all of the items listed on Attachment C, Specifications.

3.3.6 BID REQUIREMENTS

Bidder must provide all information required in Attachment D of this ITB.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

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

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 PREFERENCES

4.4.1 OREGON SUPPLIES AND SERVICES

Agency prefers Oregon goods and services, and for bid calculation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.4.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.4.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified https://www.naspo.org/reciprocity1

Template DAS PS, V.1.0 – February 20, 2019 Page 12 of 16 in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.4.4 TIEBREAKERS

Oregon Supplies: If Agency receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.5 METHOD OF AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

SPC will notify all Bidders in Writing after Agency has made a final selection. SPC will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review by request to Agency.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract 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:

• All lower Bids are non-Responsive.

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

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

• Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter 279A or ORS Chapter 279B.

If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email or hard copy

• Reference the ITB number

• Identify Bidder’s name and contact information

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• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 RESPONSE TO PROTEST

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by [ORS 279B.235 or ORS 279C.520], Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, 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.

https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in the terms and conditions on page 2 of Attachment A.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 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.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. 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 unless Agency cancels this ITB prior to the Closing identified in Section 1.5.

7.3 COST OF BIDDING

Bidders 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.

7.4 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

Template DAS PS, V.1.0 – February 20, 2019 Page 15 of 16 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 Closing identified in Section 1.5, all Bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information 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, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 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. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 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)

7.7 ATTACHMENTS

• Attachment A – Sample Contract

• Attachment B – Bid Cover Sheet

• Attachment C – Specifications

• Attachment D – Bid Submission Form

• Attachment E – COBID Certification / Outreach Plan

• Attachment F – Responsibility Inquiry

In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys Bid Solicitation page for this ITB, including but not limited to:

• Details entered in the Header Information section;

• All ITB attachments, “Amendments” (if any), and any other files linked in the File Attachments

Template DAS PS, V.1.0 – February 20, 2019 Page 16 of 16 and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.