DAS State Procurement Services, Version 2.0 – July, 2025 1

STATE OF OREGON

OREGON HEALTH AUTHORITY, issues

Invitation to Bid (“ITB”) under OregonBuys Bid Number

#S-44300-00016250 for

Environmental Monitoring Equipment and Service

Date of Issue: 04/27/2026

Bid Opening Date and Time: 05/14/2026, Time 03:00 PM (Pacific Time)

Single Point of Contact (“SPC”): Andria Otjen

Address: 500 Summer St, E03 City, State, Zip: Salem, Oregon, 97301 Phone (voice): (971) 208-4125 E-mail: ANDRIA.OTJEN@odhsoha.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge.

Contact Single Point of Contact (SPC) at the contact information found above. We accept all relay calls.

ITB#S-44300-00016250– Environmental Monitoring Equipment and Service

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

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 Description of Goods and Services

2.2 Background and Regulatory Requirement

2.3 Scope of Goods

2.4 Scope of Services

2.5 Regulatory Alignment and Scope

2.6 CAP Checklist Cross-Reference

2.7 General System Requirements

2.8 BSL-2 and BSL-3 Environmental Monitoring

2.9 Data Loggers and Sensors

2.10 Alerting and Notifications

2.11 Reporting, Documentation, and Audit Readiness

2.12 Audit Trail and Data Integrity

2.13 User Access and Security

2.14 Calibration and Compliance

2.15 Validation and Change Management

2.16 Reliability, Support, and Training

2.17 Regulatory & Standards Compliance

2.18 Calibration & Recertification Requirements

2.19 Software Requirements

2.20 Technical Support & Service Levels

2.21 Personnel Qualifications

2.22 Documentation & Reporting

2.23 Warranty & Performance Guarantees

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys

3.4 Pre-Bid Walk Through

3.5 Questions and Requests for Clarification

3.6 Protest of ITB

3.7 Amendments

3.8 Protest of Amendments

3.9 Bid Submission

3.10 Bid Delivery

3.11 Bid Modification or Withdrawal

3.12 Late Bids

3.13 Bid Opening

3.14 Firm Offer

3.15 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 References

4.4 Minimum Qualifications

4.5 Preferences

4.6 Price Comparison 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

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

Attachments List

SECTION 1: GENERAL OVERVIEW

1.1 Summary Overview

The State of Oregon, acting by and through its Oregon Health Authority (“Agency”), Oregon State Public Health Laboratory (“PHL”) is issuing this Invitation to Bid (ITB) for Goods and Services required to maintain continuous environmental monitoring at PHL (“Project”).

PHL provides essential public health services to all Oregonians, including newborn screening, outbreak detection, tuberculosis testing, and sexually transmitted infection testing.

Continuous environmental monitoring is a condition of continued laboratory operation. Any lapse in compliance could disrupt testing services and adversely impact public health outcomes. The selected solution must deliver reliable, continuous environmental monitoring with secure cloud-based access to real-time and historical data to ensure regulatory compliance, accreditation maintenance, and uninterrupted delivery of critical laboratory services.

1.1.1 The PHL is accredited under the College of American Pathologists (CAP) and under the Centers for Medicare and Medicaid Services (CMS) through the Clinical Laboratory Improvement Amendments (CLIA) program. To receive this accreditation, a laboratory must demonstrate that it is following all regulations and ensuring a standard of quality in all aspects of laboratory testing. These regulations have been established by experts, from evidence-based recommendations, and they are reviewed and modified as needed. An accredited laboratory must continually demonstrate compliance with these rules to maintain accreditation, including a full review for re-accreditation every two years. If a laboratory is found to be out of compliance and cannot correct a deficiency in a reasonable timeframe, the accreditation may be revoked. Under federal law, a laboratory must have a valid CLIA accreditation to accept human samples for clinical testing.

Continuous environmental monitoring is a requirement under CLIA to ensure that laboratory conditions are sufficient to provide accurate test results. Laboratory tests are developed under specific conditions, and manufacturers can only guarantee the accuracy of results if laboratories are following the processes that have been established during development.

Deviation from the recommended laboratory environment – for testing or storage of materials – can invalidate the results, and under CLIA regulation, a laboratory cannot report a test result if the environmental conditions of the laboratory were out of compliance.

All Oregonians rely on the PHL for essential services like Newborn Screening, outbreak testing, tuberculosis (TB) testing and prevention, and sexually transmitted infection (STI) testing and prevention. PHL’s ability to provide these services depends on maintaining compliance in accreditation, including meeting the standards for continuous environmental monitoring. Failing to have this in place could potentially cause the PHL to cease testing or close until the requirement is met. Inability to correct the deficiency could lead to suspension or revocation of PHL’s certification, as well as monetary penalties levied against PHL. The absence of these essential laboratory services would seriously undermine the mission of the Oregon Health Authority’s Public Health Division and goals to end health inequity, and it could lead to increased outbreaks, increased disease spread, increased hospitalizations, and increased deaths of Oregonians. Newborn Screening is also required by Oregon statute (ORS 433.285), and there could be legal ramifications to Oregon being unable to provide legally required testing.

Some of the laws, statutes, rules, and regulations that impact this need are listed here: ORS 433.285, ORS 433.012, ORS 433.035, OAR 333-024-0026, OAR 333-024-0035, 42CFR (Code of Federal Regulations) 493.1252, CAP GEN.41042, CAP GEN.61300, CAP GEN.62020, CAP

COM.30250, CAP COM.30350, CAP COM.30750, CAP COM.30775, CAP MIC.16550, CAP

MIC.21813, CAP MIC.22050, CAP MIC.22700, CAP MIC.32320, CAP MIC.42150, CAP

MIC.42200, CAP MIC.65300, CAP MIC.65520, CAP MIC.65530. This is not considered a complete, or exclusionary, list.

Currently, the PHL utilizes over 130 FreshLoc sensors to meet the requirement for continuous environmental monitoring. Along with the purchase of the equipment, FreshLoc was awarded a contract for access to monitoring services in 2016, after a public solicitation was conducted.

FreshLoc was acquired by Mesa Laboratories that same year, and the contract was subsequently assigned to Mesa. However, in 2025, Mesa Laboratories informed PHL that the equipment currently in use would be discontinued, with no further option for repair or replacement. Upgrading this hardware to Mesa Laboratories’ preferred system is not within the original scope of the purchase, nor is it covered under the sole source determination that was awarded to Mesa Laboratories in 2017 (for purchase of “FreshLoc Temperature Sensors from Mesa Laboratories, Inc”).

Since Mesa Laboratories is not the only vendor who can provide continuous environmental monitoring service and equipment, PHL has prepared this solicitation to request bids from vendors who are able to provide these services and goods.

1.1.2 The PHL requires approximately 140 temperature sensors, including sensors that are for use at refrigerated, ambient, and frozen environments. Also required are 25 humidity sensors, 3 carbon dioxide sensors and 5 water sensors, as well as any hardware or data ports necessary to utilize these named Goods. Along with these Goods, a successful Bidder must be able to provide access to the data captured by these sensors through a web portal or similar system.

This system must meet security and network requirements established by the State of Oregon, through the Office of Information Services (OIS). The successful Bidder must also be able to provide regular maintenance and calibration Services for Goods utilized in environmental monitoring activities, as required by laboratory accreditation agencies.

1.1.3 Requirements related to environmental monitoring are established by external agencies, like the College of American Pathologist (CAP) and the Centers for Medicare and Medicaid (CMS) as well in the Food and Drug Administration (FDA). PHL must meet these requirements in order to maintain accreditation and report test results. It is possible that these requirements will be updated or changed during the term of any resulting agreement, and contractor must be willing to work with PHL to amend the agreement and meet updated requirements.

1.1.4 Contractor must provide sufficient advance notice of discontinuation of goods and services utilized by PHL to allow PHL time to amend any resulting agreement or solicit for alternate vendors. Since these goods and services are critical to maintaining accreditation, the period of advance notice required is 24 months.

1.1.5 PHL reserves the right to purchase and utilize additional sensors from the successful Bidder and to extend monitoring services to incorporate any additional sensors not named here.

1.1.6 Required project completion date for the new equipment, including receipt and installation, is July 31, 2026.

1.1.7 Agency anticipates the award of one (1) Contract resulting from this ITB. The initial term is anticipated to be five (5) years with the option to extend up to ten (10) years.

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

Pre-Bid Conference (Walk Through) voluntary April 30, 2026 10:00 am

Questions/Requests for Clarifications Due

May 1, 2026 4:30 pm

Answers to /Requests for Clarifications Posted in OregonBuys

(approximate)

May 5, 2026 4:30 pm

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

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

See cover page

Opening of Bids May 14, 2026 3:00 pm

Issuance of Notice of Intent to Award (approximate)

May 18, 2026 3:00 pm

Notice of Intent to Award Protest Ends

7 days from Notice of Intent to Award

Agency operating hours are Monday through Friday 8:00 AM to 4:30 PM, Pacific Time, except for State holidays and State-approved closures, including those for inclement weather.

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 Minimum of 10 years of experience providing temperature and humidity monitoring systems.

1.3.2 Demonstrated experience with onsite calibration and recertification services.

1.3.3 Minimum 2 comparable clients (preferably in regulated environments).

1.3.4 Proof of Oregon business licensure and good standing.

1.3.5 Proof of general liability, automobile, and professional liability insurance.

1.3.6 Meet requirements outlined in Attachment G Statement of Qualifications

1.4 Submission Requirements

Bidders must include the following mandatory forms in their Bid submittal:

1.4.1 Attachment B – Bid Cover Sheet

1.4.2 Attachment C – Reference Check Form

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

1.4.6 Attachment G – Statement of Minimum Qualification

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.

SECTION 2: GOODS AND SERVICES

2.1 Description of Goods and Services

The Oregon State Public Health Laboratory (PHL) seeks a Contractor to provide a comprehensive, fully integrated continuous environmental monitoring system, including all required equipment, cloud-based software, installation, configuration, training, and ongoing support services. The system must ensure laboratory environmental conditions remain within established regulatory and accreditation standards and provide secure, remote access to real-time and historical data.

2.2 Background and Regulatory Requirement

Continuous environmental monitoring is required under the Clinical Laboratory Improvement Amendments (CLIA) to ensure laboratory testing conditions support accurate and valid results. Accreditation standards established by the College of American Pathologists (CAP) further require documented environmental monitoring, alarm systems for excursions, verification of device calibration, documentation of corrective actions, and retention of monitoring records for inspection and audit purposes.

PHL may not report test results if environmental conditions were out of compliance during testing or storage. Failure to maintain compliant monitoring systems could result in suspension of testing, loss of CLIA certification, loss of CAP accreditation, monetary penalties, and interruption of legally mandated services, including Newborn Screening under ORS 433.285.

2.3 Scope of Goods

2.3.1 The Bidder shall provide all equipment necessary for continuous monitoring, including but not limited to:

2.3.1.1 Ambient temperature sensors. Approximately 90 are required for current configuration.

2.3.1.2 Refrigerated and freezer temperature sensors. Approximately 35 are required for current configuration.

2.3.1.3 Cryogenic storage temperature sensors. Approximately 15 are required for current configuration.

2.3.1.4 Carbon dioxide (CO₂) monitoring sensors. Approximately 3 are required for current configuration.

2.3.1.5 Relative humidity sensors. Approximately 25 are required for current configuration.

2.3.1.6 Water leak/spill detection sensors. Approximately 5 are required for current configuration.

2.3.1.7 Digital display readers.

2.3.1.8 Network gateways, connectors, adapters, mounting hardware, and related components.

2.3.1.9 Data transfer devices with dual-path capability (primary network and cellular backup) to ensure continuous data delivery.

2.3.1.10 Monitors capable of local data backup for a minimum of 96 hours in case of network or cloud outage.

2.3.2 All devices must:

2.3.2.1 Support continuous, real-time monitoring and automated data transmission.

2.3.2.2 Meet laboratory-grade accuracy standards.

2.3.2.3 Allow calibration in accordance with manufacturer and accreditation requirements.

2.3.2.4 Be suitable for use in a clinical laboratory environment.

2.4 Scope of Services

2.4.1 The Bidder shall provide a secure, cloud-based monitoring software platform that includes:

2.4.1.1 Continuous electronic data capture and encrypted transmission.

2.4.1.2 Secure cloud hosting with appropriate cybersecurity protections.

2.4.1.3 Real-time dashboard access for authorized personnel.

2.4.1.4 Remote access to current conditions via web browser or secure application.

2.4.1.5 Automated alerts and notifications for out-of-range conditions.

2.4.1.6 Configurable alarm thresholds based on laboratory-defined limits.

2.4.1.7 Secure storage and retention of historical data consistent with regulatory requirements.

2.4.1.8 On-demand access to historical trends, compliance reports, and audit-ready documentation.

2.4.1.9 Tamper-evident recordkeeping and user access controls.

2.4.1.10 Documentation and tracking of environmental excursions and corrective actions.

2.4.1.11 Routine data backup and system redundancy.

2.4.1.12 Technical support, maintenance, and software updates.

2.4.2 The Bidder shall provide system installation, validation, user training, and ongoing technical support to ensure reliable performance and regulatory compliance.

2.5 Regulatory Alignment and Scope

2.5.1 The system shall support compliance with College of American Pathologists (CAP) and Clinical Laboratory Improvement Amendments (CLIA) requirements for laboratories testing human specimens for communicable diseases, including use in Biosafety Level 2 (BSL-2) and Biosafety Level 3 (BSL-3) laboratory environments.

2.5.2 The system shall be suitable for continuous use in containment laboratories, including areas requiring controlled access, negative pressure, and directional airflow.

2.6 CAP Checklist Cross-Reference

The monitoring system shall support compliance with, but not be limited to, the following CAP checklist requirements:

• GEN.55500 / GEN.55600 – Environmental monitoring and alarm systems

• GEN.41316 / GEN.41320 – Equipment monitoring, alarms, and corrective action documentation

• GEN.43800 – Record retention and data integrity

• GEN.20316 – Temperature monitoring for specimen and reagent storage

• MIC.50900 / MIC.51000 – Laboratory safety and containment monitoring

• COM.30300 – Quality management documentation and audit trails

During prequalification process Vendor shall indicate how the proposed system supports these requirements.

2.7 General System Requirements

2.7.1 The system shall provide continuous environmental and equipment monitoring twenty-four

(24) hours per day, seven (7) days per week (24/7).

2.7.2 The system shall support cellular and Wi-Fi connectivity and utilize secure, cloud-hosted, web-based software.

2.7.3 The system shall support 900 MHz wireless communication between sensors, data loggers, and gateways.

2.7.4 The system shall include battery-powered data loggers capable of storing a minimum of ninety-six (96) hours of data locally during connectivity interruptions.

2.7.5 The system shall automatically synchronize stored data once connectivity is restored, with no loss of data.

2.8 BSL-2 and BSL-3 Environmental Monitoring

2.8.1 The system shall support monitoring of containment-critical parameters, including but not limited to:

• Temperature and relative humidity

• Differential pressure (room-to-room and room-to-corridor)

• Freezers, refrigerators, incubators, cold rooms, and specimen storage units

• Water (H₂O) leak detection

• Power loss and system operational status

2.8.2 For BSL-3 environments, the system shall support continuous pressure monitoring to verify negative airflow and directional containment.

2.8.3 The system shall provide immediate alerts for loss of pressure control, airflow reversal events, or fan/system failures in BSL-3 spaces.

2.8.4 The system shall support monitoring during normal power, generator power, and power transfer events, including documentation of transitions.

2.9 Data Loggers and Sensors

2.9.1 Data loggers shall be equipped with color touch-screen LCD displays to support point-of-monitor alerting, real-time status visibility, and secure user interaction.

2.9.2 Sensors shall be replaceable and configurable without loss of historical data.

2.9.3 Devices shall be suitable for use in controlled-access laboratory environments, including areas requiring personal protective equipment (PPE).

2.10 Alerting and Notifications

2.10.1 The system shall provide real-time alerts for the following conditions:

• Out-of-range conditions

• Sensor failure or offline status

• Power loss or communication failure

• Water (H₂O) leaks

• Containment or pressure excursions in BSL-3 environments

2.10.2 Alerts shall be delivered via text message, phone call, email, and audio/visual notification.

2.10.3 The system shall support configurable cascading and escalation notification levels.

2.10.4 Alert acknowledgment shall be required and logged, including user identification, date, time, and response notes.

2.11 Reporting, Documentation, and Audit Readiness

2.11.1 The system shall generate automatic monthly log reports and provide push notifications to designated users.

2.11.2 Reports shall be exportable in formats suitable for CAP, CLIA, CDC, FDA and internal audits.

2.11.3 Reports shall clearly document excursions, corrective actions, alarm acknowledgments, and system downtime.

2.11.4 The system shall retain records in accordance with CAP and CLIA record retention requirements.

2.12 Audit Trail and Data Integrity

2.12.1 The system shall maintain a complete, immutable audit trail of the following:

• Alarms and alerts

• User logins and actions

• Configuration and threshold changes

• Calibration events

• Acknowledgments and user comments

2.12.2 Audit trail entries shall be time-stamped, user-attributed, and non-editable.

2.13 User Access and Security

2.13.1 The system shall support individual user accounts with role-based access controls.

2.13.2 The system shall provide in-house administrative controls for managing users, permissions, alert routing, and threshold configuration.

2.13.3 The system shall comply with applicable cybersecurity standards, including encrypted data transmission and secure authentication.

2.14 Calibration and Compliance

2.14.1 The system shall be compliant with ISO (International Organization for Standardization) 17025 requirements.

2.14.2 The system shall offer NIST-traceable (National Institute of Standards and Technology) and ISO 17025-accredited calibration options.

2.14.3 Calibration records shall be electronically stored and readily accessible for inspection.

2.15 Validation and Change Management

2.15.1 The vendor shall provide validation documentation, including Installation Qualification (IQ), Operational Qualification (OQ), and Performance Qualification (PQ), or equivalent documentation suitable for CAP and CLIA inspections.

2.15.2 The system shall support documented change management, including software version control and release documentation.

2.16 Reliability, Support, and Training

2.16.1 The system shall include redundancy for critical components where applicable.

2.16.2 The vendor shall provide twenty-four (24) hour per day, seven (7) day per week customer support, including emergency response for containment-critical failures.

2.16.3 The vendor shall provide training materials and documentation suitable for laboratory staff and regulatory inspections.

2.17 Regulatory & Standards Compliance

Vendor must maintain compliance with applicable standards such as:

2.17.1 Food and Drug Administration (FDA) requirements (if applicable).

2.17.2 ISO 17025 accreditation (preferred or required for calibration services).

2.17.3 NIST-traceable calibration standards (National Institute of Standards and Technology traceability).

2.17.4 cGMP (Current Good Manufacturing Practices), if applicable.

2.17.5 21 CFR Part 11 compliance for electronic records (if software stores regulated data).

2.17.6 Applicable state or federal regulations governing environmental monitoring.

2.18 Calibration & Recertification Requirements

2.18.1 Onsite calibration performed by trained and qualified technicians.

2.18.2 Calibration certificates provided for each device.

2.18.3 NIST-traceable reference instruments.

2.18.4 Defined calibration intervals (e.g., annually or per manufacturer specification).

2.18.5 Documentation of as-found and as-left readings.

2.18.6 Ability to perform recertification to manufacturer or regulatory standards.

2.18.7 Documented quality management system.

2.19 Software Requirements

2.19.1 Secure, validated software platform.

2.19.2 Role-based access controls.

2.19.3 Audit trails.

2.19.4 Automated alerting (email/text) for excursions.

2.19.5 Data backup and recovery capabilities.

2.19.6 Data retention compliant with regulatory requirements.

2.19.7 System validation documentation (IQ/OQ/PQ).

2.19.8 Compatibility with existing infrastructure (network, servers, cloud environment).

2.19.9 Bidders must agree to State of Oregon Rider to Software License Agreement located in Attachment A Sample Contract Exhibit E.

2.20 Technical Support & Service Levels

2.20.1 Defined response times for service calls.

2.20.2 Emergency support availability 24/7.

2.20.3 Dedicated service representative or account manager.

2.20.4 Preventive maintenance plan.

2.20.5 Written service-level agreement.

2.21 Personnel Qualifications

2.21.1 Technicians trained and certified in calibration practices.

2.21.2 Documentation of ongoing training.

2.21.3 Background checks (if required for secure facilities).

2.21.4 OSHA compliance for onsite work.

2.22 Documentation & Reporting

2.22.1 Calibration reports and certificates.

2.22.2 Recertification documentation.

2.22.3 Compliance reports suitable for audit review.

2.22.4 Change control documentation for software updates.

2.22.5 Incident and corrective action documentation.

2.23 Warranty & Performance Guarantees

2.23.1 Minimum warranty period of 1 year for hardware and software.

2.23.2 Guarantee of measurement accuracy within specified tolerances.

2.23.3 Clear process for corrective action if system fails.

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this ITB pursuant to ORS 413.033 and DAS Delegation REQ-DASOBO- 00176494. 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 125-246- 0110. For ease of reference, a link to the crosswalk of terms used in OregonBuys to terms defined in Oregon Administrative Rules is found here:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys-glossary.pdf

3.3 E-Procurement System: OregonBuys

3.3.1 OregonBuys posting.

This ITB, including all Amendments, attachments and exhibits 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.pdf.

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.

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.

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

3.4 Pre-Bid Walk Through

Agency will hold a voluntary pre-Bid walk through as listed in Section 1.2 Schedule of Events.

The purpose of the pre-Bid walkthrough is to provide tour of PHL. Statements made at the pre-Bid conference are not binding upon Agency. Bidders are cautioned that ITB requirements will change only by written Amendment issued by Agency as provided in this

ITB.

Pre-Bid walk through will be held on-site at PHL located at: 7202 NE Evergreen Pkwy Ste 100, Hillsboro, OR 97124

Prospective Bidders should check in reception:

• PHL is a secure, government building – you will need to present a photo ID at reception and receive a visitor badge.

• You must also be escorted while in the building.

• Closed toed shoes are required.

• Masks or face coverings are not required at this time, but you are welcome to wear one if that is your preference.

• PHL is a fragrance-free workplace, so please avoid wearing heavily scented perfumes or lotions.

• Photographs of building layout or testing spaces are prohibited for security and privacy purposes.

Contact day of pre-Bid walk through ONLY: Christopher.ZIELINSKI@oha.oregon.gov 503-693-

Prospective Bidders may email SPC if they plan to attend Pre-Bid Walk Through which may speed up check in process.

3.5 Questions and Requests for Clarification

All questions and requests for clarification, related to this solicitation must be in Writing. A Bidder may submit 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 should reference the OregonBuys ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

3.6 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.

mailto:Christopher.ZIELINSKI@oha.oregon.gov

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.

3.7 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.

3.8 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 3.6 above.

3.9 Bid Submission

The Bid must include all required documents:

3.9.1 Bidder shall complete and submit the Bid Cover Sheet (Attachment B). Attachment B must be signed by Bidder’s authorized representative.

3.9.2 Bidder shall complete and submit the Reference Check Form (Attachment C). Bidder shall provide 3 references from project(s) of similar size and scope performed for any clients within the last 10 years. Forms must be completed by a reference, returned to Bidder, and submitted with the Bid. References should include references from state or federal entities that currently utilize, or within the last five years have utilized, the proposed Solution.

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

3.9.4 Bidder shall complete and submit the Responsibility Inquiry (Attachment E). Attachment E must be signed by Bidder’s authorized representative.

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

3.9.6 Bidder shall complete Statement of Minimum Qualification (Attachment G). Bidder should demonstrate how their systems and qualifications meet the requirements of the project.

3.9.7 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.

3.10 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 .

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

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

3.11 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 https://oregonbuys.gov/ 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 a Bid submitted through OregonBuys, please contact the OregonBuys Supplier Helpdesk at support.oregonbuys@das.oregon.gov or 1-855-800-5046.

3.12 Late Bids

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

3.13 Bid Opening

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

3.14 Firm Offer

A Bid is a firm offer for 120 calendar days following the Opening.

3.15 Additional Rounds

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

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 125-247-0470. 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), references 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 References

Agency will review the Reference Check Form (Attachment C) submitted by Bidder. Agency may check to determine if references provided support Bidder’s ability to comply with the requirements of this ITB. Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but for whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.4 Minimum Qualifications

Agency will review Statement of Minimum Qualifications (Attachment G) to determine if the Bidder meets the minimum qualifications.

4.5 Preferences

Agency will apply the following preferences to the Bid Cost:

4.5.1 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 in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

4.5.2 Public Printing. Agency shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.5.3 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 125-246-0300.

4.6 Price Comparison (including application of preferences) and Ranking

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

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.

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 or regular mail. 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).

5.4 Contract Execution

Agency intends to enter into a Contract based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Exhibit A Part 1 and 2 Statement of Work and Payment and Financial Reporting section will be finalized between parties based in the Scope of Work of this ITB, the Proposer’s response, and other considerations at the time of Contract execution. Prior to execution of the Contract, the apparent successful Bidder must submit the following to Agency:

5.4.1 Pay Equity Certification. If the value of the Contract exceeds $500,000 and Bidder has 50 or more employees, the apparent successful Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

5.4.2 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 https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx 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.

5.4.3 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.

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 125-247-0255. 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.

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.

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)

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

Attachments List – Under Separate Cover:

Attachment A – Sample Contract including Exhibit E State of Oregon Rider

Attachment B – Bid Cover Sheet

Attachment C – Reference Check Form

Attachment D – Bid Pricing Form

Attachment E – Responsibility Inquiry

Attachment F – Certified Disadvantaged Business Outreach Plan

Attachment G – Statement of Minimum Qualification