RFQ-S-10700-00008468_final for posting.pdf

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 1 of 9

Attn: Jordan Sim (971)375-5154 Jordan.R.Sim@das.oregon.gov

DAS Procurement Services 1225 Ferry Street SE Salem, OR 97301

REQUEST FOR QUOTATION

***THIS IS NOT AN ORDER******

OregonBuys No: S-10700-00008468

Return To: Jordan Sim by 2:00 pm on October 24, 2023 via email to Jordan.R.Sim@das.oregon.gov please include OregonBuys No. in the subject line of bid.

Single Point of Contact (SPC): Jordan Sim (971)-375-5154 or Jordan.R.Sim@das.oregon.gov

Required Availability of Product: Within 5 business days of executed Purchase Order.

Description: Compressed Lab and Calibreation Gases for the North Valley Complex

DAS EAM is soliciting to order lab and calibration gases to be delivered to tenants of the North Valley Complex located at 26755 SW 95th Avenue, Wilsonville, Oregon 97070.

Agency anticipates awarding one Purchase Order (Attachment C) resulting from this RFQ.

Attachments hereto include:

• Attachment A – Statement of Work

• Attachment B – Bid Submittal Form

• Attachment C – Sample Purchase Order

• Attachment D – Insurance Requirements

Any reference to brand names is meant as descriptive not restrictive.

Alternate bids will be considered on products, which meet or exceed products indicated on quote.

Vendor is to mark clearly alternate proposals.

“OR EQUAL”: Any brand name listed in the specifications as “or equal” or “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost differences, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. AGENCY SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS “EQUAL.” When the designation is “or equal” or “equivalent” Agency shall make its decision after Bid Closing.

Vendor Name________________________________ Federal ID No:_____________________

Address:______________________________________ Phone:__________________________

City, State, Zip:_____________________________________ Fax:________________________ mailto:Jordan.R.Sim@das.oregon.gov mailto:Jordan.R.Sim@das.oregon.gov mailto:Jordan.R.Sim@das.oregon.gov

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 2 of 9

ATTACHMENT A

Statement of Work

The Department of Administrative Services, Operations and Maintenance (“DAS OM”), shall be working to place one (1) order for Oregon Department of Agriculture (“ODA”) and Department of Consumer and Business Services (“DCBS”) (collectively referred to as “Agency”) of lab and calibration gases to supply the lab in the North Valley Complex of items needed.

DAS OM desire to place an order via Purchase Order for lab and calibration gases (outlined in Table A – ODA and Table B - DCBS). Upon issuance of executed Purchase Order all gases must be delivered within five (5) Calendar Days to the North Valley Complex located at 26755 SW 95th Avenue, Wilsonville, Oregon 97070.

Vendor must include temporary labeling as to which Agency the gas is for based on Table A & Table B.

Vendor shall provide proof of insurance coverage as detailed in Attachment D – Insurance Requirements and shall maintain coverage until the time at which Goods and Services have been accepted contract is expired.

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 3 of 9

ATTACHMENT B

Bid Submittal Form

If any of these items are not able to be filled within the 5 day requirement please describe in the “Notes” column how many can be filled within the time frame and when delivery of remining quantity would be available.

All Prices Must Be Held Firm For 30 Days

TABLE A – ODA

Quantity Product Description Cyl Size Grade / Purity Notes Unit Price

Delivery Charge

HAZMAT

Fee

Additional Fees (please specify)

Total (include requested quantity)

1 Acetylene #5 2.6

2 Air T (310 CF) Ultra Zero

1 Argon T (335 CF) 5.0

1 Argon (Gas w/d dewar) 200 LTR 4.8

5 Helium (He) T (291 CF) 5.0

2 Hydrogen (H2) T (261 CF) 5.5

7 Nitrogen (N2) T (304 CF) 5.5

1 Nitrogen (liquid w/d dewar) 200 LTR 4.8

TOTAL for ODA order:

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 4 of 9

TABLE B – DCBS

Quantity Product

Description Cyl Size Grade / Purity Notes Unit Price

Delivery Charge HAZMAT Fee

Additional Fees (please specify)

Total (include requested quantity)

1 Acetylene 360 cu ft 99.60%

2 Air 310 cu ft Ultra Zero

4 Argon 335 cu ft 99.999%

UHP

99.99% UHP

would be acceptable

1 Helium 291 cu ft 99.999%

UHP

2 Hydrogen 260 cu ft 99.999%

UHP

1 Nitrogen 304 cu ft 99.999%

UHP

1 Nitrous Oxide 60 Lb 99.6% SP

TOTAL for DCBS order:

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 5 of 9

ATTACHMENT C – Sample Purchase Order

STATE OF OREGON

PURCHASE

ORDER (PO) NO.

PAGE

Agency

DAS OM

PO Date

Delivery Date 5 days of execution

Bid Number

Requisition No.

Contractor Name and Address

Bill To DAS Enterprise Asset Management Administration – Contracts Services ATTN: Contracts – Accounts Payable 1225 Ferry Street SE, U100 Salem, OR 97301-4281 Phone: 503-881-6505 Email: EAM.Contracts@DAS.Oregon.gov

Contractor FEIN Contract Number Agency Contact/Phone Mark Roberts (971-990-9979) mark.roberts@das.oregon.gov

Ship To North Valley Complex Attn: Doug Stephens 503-932-9248 26755 SW 95th Avenue Wilsonville, Oregon 97070

Terms:

Net 30

Item

Description

Quantity

U/M

Unit Price

Extended Amt.

ODA:

Acetylene (#5, 2.6) Air (T 310 CF, Ultra Zero) Argon (T 335 CF, 5.0) Argon – gas w/d dewar (200 LTR, 4.8) Helium He (T 291 CF, 5.0) Hydrogen H2 (T 261 CF, 5.5) Nitrogen N2 (T 304 CF, 5.5) Nitrogen – liquid w/d dewar (200 LTR, 4.8)

DCBS:

Acetylene (360 CF, 99.60%) Air (310 CF, Ultra Zero) Argon (335 CF, 99.999% UHP) Helium (291 CF, 99.999% UHP) Hydrogen (260 CF, 99.999% UHP) Nitrogen (304 CF, 99.999% UHP) Nitrous Oxide (60 Lb, 99.6% SP)

Special Terms and Conditions:

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

Sub Total

Freight

Total

Department of Administrative Services – Operations & Maintenance (authorized agent to disburse funds)

Signature:

Printed Name & Title:

Department of Administrative Services – Procurement Services

Signature:

Printed Name & Title: Brent Lutz, Procurement Manager mailto:EAM.Contracts@DAS.Oregon.gov mailto:mark.roberts@das.oregon.gov

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 6 of 9

STATE OF OREGON –TERMS AND CONDITIONS

1. DELIVERY: Deliveries will be F.O.B destination, unless otherwise agreed.

Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warranties.

2. ACCEPTANCE: Agency may inspect and test the Goods and related Services (collectively, Goods). Agency may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure defects within a reasonable time, Agency may reject the Goods and cancel the PO in whole or in part. Title to the Goods passes to Agency in accordance with the Uniform Commercial Code, ORS chapters 71-79 (UCC), and this section does not affect or limit Agency's rights under the UCC.

3. PAYMENT: Agency shall pay Contractor within 30 days from (i) the date the Goods are delivered and accepted or (ii) the date the invoice is received, whichever is later. If Agency fails to pay within 45 days of such date, Contractor may assess overdue account charges up to a rate of 2/3% per month (8% APR) or the maximum rate allowed by law on the outstanding balance.

4. REPRESENTATIONS AND WARRANTIES: Contractor represents and warrants that:

• Unless otherwise agreed, the Goods are new and unused, (and if applicable, the current model), free and clear of any liens or encumbrances, and carry full manufacturer warranties;

• Contractor shall transfer all manufacturer warranties to the State;

• Delivered Goods will comply with specifications and be free from defects in labor, material and manufacture;

• Contractor owns or has the right to transfer or sell the Goods to

Agency;

• Contractor has the authority to enter into this PO and this PO is a binding obligation upon Contractor;

• Contractor is an independent contractor and its provision of the

Goods creates no potential or actual conflict of interest as defined in

ORS 244;

• Contractor shall comply with the tax laws of this state and all political subdivisions;

• Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State, and

• All implied and express warranties under the UCC are incorporated in this PO.

These representations and warranties are cumulative and are in addition to and not in lieu of any other representations or warranties found in this PO or the law.

5. TERMINATION:

• The parties may terminate this PO by mutual agreement.

• Agency may terminate this PO at any time upon written notice to

Contractor. Upon receipt of the written notice, Contractor shall stop performance, and Agency shall pay Contractor for Goods delivered and accepted.

• Agency may terminate this PO at any time upon written notice to Contractor if Agency fails to receive funding, appropriations, or other expenditure authority.

• Agency may terminate this PO for cause upon written notice to Contractor, if Contractor breaches any PO provision, including the representations and warranties related to liquidated and delinquent debt, or is declared insolvent. Contractor shall be liable for all incidental and consequential damages resulting from its breach, including all damages as provided in the UCC.

• Agency may terminate this PO if Contractor fails to comply with the tax laws of this state or any political subdivision or Contractor violates any warranties or certification related to compliance with the tax laws of this State and any political subdivision of this State.

6. REMEDIES: Any violation or breach of this PO entitles Agency to terminate this PO, to pursue and recover any and all damages that arise from the breach and the termination of this PO, and to pursue any or all of the remedies available under this PO, at law, or in equity, including but not limited to: termination of this PO in whole or in part; collection by administrative offset or garnishment, if applicable, or withholding amounts otherwise due and owing to Contractor without penalty.

The remedies set forth in this Section 6 are cumulative.

7. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless the State and it agencies, their divisions, officers, employees, and agents, from all claims, suits or actions of any nature arising out of or related to the activities of Contractor, its officers, subcontractors, agents or employees under this PO.

8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. Any unresolved Dispute between Agency or and Contractor that arises from or relates to the PO shall be brought and unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon.

CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM

JURISDICTION OF SAID COURTS. Nothing herein shall be construed as a waiver of the State of Oregon's sovereign or governmental immunity, whether derived from the Eleventh Amendment to the United States Constitution or otherwise or of any defenses to Claims, or as consent to jurisdiction the jurisdiction of any court.

9. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, transfer, or subcontract rights (Subcontract) or delegate responsibilities under this PO in whole or in part, without the prior written approval of Agency.

This PO’s provisions are binding upon and inure to the benefit of the parties to the PO and their respective successors and assigns.

10. ACCESS TO RECORDS: Contractor shall maintain all accounting records relating to this PO according to Oregon Accounting Manual (OAM) and any other records relating to Contractor’s performance (“Records”) for 6 years from termination or as otherwise required. Contractor shall grant the State and its agencies, the Secretary of State, the federal government, and their duly authorized representative’s access to the Records, including reviewing, auditing, copying, and making transcripts.

11. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all applicable federal, state and local laws, regulations, executive orders, and ordinances, as amended. Agency’s performance is conditioned upon Contractor’s compliance with, 279B.220, 279B.225, 279B.230, and 279B.235, as applicable.

All applicable Rules are incorporated by reference in this PO.

.12. INSURANCE: Contractor shall obtain and maintain the following insurance coverage:

• Workers’ Compensation: Contractor shall comply with ORS 656.017 and provide workers’ compensation coverage for subject workers, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

• Commercial General Liability: Contractor shall provide and maintain insurance covering bodily injury and property damage, written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. The policy(ies) must name the State of Oregon as additional insured.

13. FORCE MAJEURE: Neither Contractor nor Agency may be held responsible for delay or default caused by events beyond its reasonable control.

Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and diligently pursue its performance under this PO.

14. SAFETY DATA SHEETS: As applicable, Contractor shall provide Agency with a Safety Data Sheet (SDS) for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use 29 CFR 1910.1200(g)(6)(iii). Contractor shall label, tag or mark such Goods.

15. RECYCLABLE PRODUCTS: Unless otherwise required, Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the PO. These products shall include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

16. AMENDMENTS: All amendments to this PO must be in writing, approved by Agency.

17. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

18. WAIVER: Agency’s failure to enforce any provision of this PO is not a waiver or relinquishment by Agency of its rights to such performance in the future or to enforce any other provisions.

19. AWARD TO FOREIGN CONTRACTOR: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this PO. Agency may withhold final payment under this PO until Contractor has met this requirement.

20. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury:

(a) the number shown on this form is the correct Federal Employer Identification Number; (b) it is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c) it is not in violation of any Oregon tax laws.

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 7 of 9 conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Dispute must be brought in a federal forum, then

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 8 of 9

ATTACHMENT D

Insurance Requirements

INSURANCE REQUIREMENTS:

Contractor shall obtain at Contractor’s expense the insurance specified in this Attachment D prior to performing under this Contract. Contractor shall maintain such insurance in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period or continuous claims made 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 the State of Oregon and that are acceptable to Agency. All 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.

If Contractor maintains broader coverage and/or higher limits than the minimums shown in this Exhibit, Agency requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

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.

As applicable, Contractor shall obtain coverage to discharge all responsibilities and liabilities that arise out of or relate to the Jones Act with limits of no less than $5,000,000 and/or the Longshoremen’s and Harbor Workers’ Compensation Act.

COMMERCIAL GENERAL LIABILITY:

Contractor shall provide Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State of Oregon. This insurance must 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 must be written on an occurrence basis in an amount of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 annual aggregate limit.

AUTOMOBILE LIABILITY INSURANCE:

Required Not required

Contractor shall provide 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 $100,000.00 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.

ADDITIONAL INSURED:

All liability insurance, except for Workers’ Compensation, Professional Liability, Directors and Officers Liability and Network Security and Privacy Liability (if applicable), required under this Contract must include an Additional Insured endorsement specifying the State of Oregon, its officers, employees, and agents as Additional Insureds, but only with respect to Contractor’s goods to be delivered and Services to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

S-10700-00008468 RFQ Lab and Calibration Gases for NVC Page 9 of 9

Regarding Additional Insured status under the General Liability policy, Agency requires Additional Insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's goods to be delivered and Services to be performed under this Contract. The Additional Insured endorsement with respect to liability arising out of Contractor’s ongoing operations must be on, or at least as broad as, ISO Form CG 20 10 and the Additional Insured endorsement with respect to completed operations must be on, or at least as broad as, ISO form CG 20 37.

WAIVER OF SUBROGATION:

Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Agency or State of Oregon by virtue of the payment of any loss. Contractor shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Agency has received a Waiver of Subrogation endorsement from the Contractor or the Contractor’s insurer(s).

CONTINUOUS CLAIMS MADE COVERAGE:

If any of the required liability insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, then Contractor shall maintain 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 goods and Services required under this Contract, or

(ii) Agency’s or Contractor’s termination of this 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) of Insurance must list the State of Oregon, its officers, employees, and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) of Insurance must also include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract. If excess/umbrella Insurance is used to meet the minimum insurance requirement, the Certificate(s) 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 under this Exhibit.

NOTICE OF CHANGE OR CANCELLATION:

Contractor or its insurer shall provide at least 30 calendar 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 Contract 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 Attachment D.