S-10000-00017400 RFQ~1.pdf

ODHS SHARED SERVICES

Office of Contracts and Procurement

635 Capitol Street NE Suite 350 Salem, OR 97301

Voice: 503-945-5818

FAX: 503-378-4324

SERVICES

REQUEST FOR QUOTE #S-10000-00017400

--- This Is Not an Order ---

SOLICITATION INFORMATION

Description: The Oregon Department of Human Services (Agency) seeks bids from responsive responsible bidders for the purchase of Radio Communications Package in support of community cache sites.

See Attachment 1 for specific tasks and deliverables.

Return to: Jason Fong, Procurement and Contract Specialist 3 ODHS Shared Services, Office of Contracts and Procurement

635 Capitol Street NE Suite 350 Salem, OR 97301 Phone: 971-374-3507 E-Mail: jason.fong@odhsoha.oregon.gov

Due date/time: August 31, 2026; 3:00 PM, Pacific Standard Time Responses received after this date and time will not be considered for award.

Bids must be submitted via OregonBuys or email to Jason Fong.

Date product or service requested: Services to begin by October 1, 2026

DELIVERY LOCATION WILL BE PROVIDED UPON AWARD OF A PURCHASE ORDER

**DERLIVERY LOCATIONS WILL BE PROVIDED UPON AWARD OF A PURCHASE ORDER**

Agency Contact Information:

Agency: Oregon Department of Human Services

BIDDER INFORMATION

Business Name:

Federal ID No:

Contact Name:

Address:

City, State, Zip:

Phone: Email:

QUOTE REQUIREMENTS

1. This Request for Quote (RFQ) is issued under the authority of OAR 125-246-0170.

2. SINGLE POINT OF CONTACT: is the individual named on page one of this document. Bidders are not to contact any other staff besides the Single Point of Contact, at any time for any reason.

3. “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 and shall submit complete specifications for alternate brands. 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. If another brand is bid, Bidder must provide the specifications to ensure the brand will meet all requirements, failure to provide alternate brand specifications with bid packet will result in bid rejection.

4. Agency reserves the right to amend this RFQ and to delete any item from award consideration.

5. If a Purchase Order (PO) is issued, the Agency shall issue a PO to the lowest responsive responsible Bidder.

6. Bidders must agree to the State of Oregon terms and conditions (Attachment 2 and Attachment 3) as a condition to submitting a quote for this RFQ.

7. Shipping: Shipping must be fully loaded, FOB destination.

8. All pricing must be held firm for 90 days. Agency reserves the right to purchase additional goods up to an accumulative amount of up to $250,000.00.

9. FORMS:

a. Bidders must submit bids on the Quote Sheet provided herein.

b. Bidders shall complete and submit a Request for Taxpayer Identification Number and Certification Form W-9 (Attachment 4). Failure to do so may result in delay of the issuance of a PO to lowest responsive and responsible Bidder.

SPECIFICATIONS AND QUOTE SHEET

Bids MUST be submitted on this form only. Alternate bid documents, terms and conditions, or manufacturer quote sheets will be rejected.

Item # Description Quantity $ Price per Unit $ Total

1. Radio Communications package to support community cache site 1 each $ $

2. Shipping and Handling 1 each $

Grand Total of items 1. & 2. $

Signature of person authorized to represent the Bidder:

Signature Title Date

Printed name

Signature required; Bidder Affirmations: All Bid documents requiring signature must be signed by an authorized representative of the Bidder. Bidder's signature and submission in response to this RFQ constitutes Bidder's affirmation that:

a. Bidder has completely read and understands all the provisions of this RFQ.

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

c. The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

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

e. Agency shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process.

f. Bidder accepts and agrees to be bound by the State of Oregon Terms and Conditions of a Purchase Order, attached hereto.

I have read and agree to all Terms and Conditions attached hereto.

Signature of person authorized to represent the Bidder:

Signature Title Date

Printed name

Company’s legal name

ATTACHMENT 1

Statement of Work

Request for Quotes: Radio communications package to support community cache sites

This Request for Quote (RFQ) is for radio communications packages to support community cache sites intended to provide communication capacity for 16 sites across Oregon during a disaster or other disruption. This RFQ is for equipment only.

1. Radio box for Amateur (ham) HF Bands

Quantity Description 16 HF radio, ICOM IC-7300 16 Mounting bracket for HF radio, IC-MB-118 16 Power supply, Samlex 1235P-M 16 HF tuner, LDG AT-200PRO-II 16 Radio to tuner interconnect cable, LDG IC-PAC 16 Speaker 16 6U box 16 Rack mount tray, 10-inch 16 Rack mount tray, 16-inch 16 HF vertical antenna, 3/8 thread, Shark S-F5MS 16 Magnetic mount antenna, 3/8 thread, OPEK AM-1035 16 100-wa\ dummy load 16 1-foot jumper, PL259-PL259 16 1-foot jumper, PL259-SO259 16 15-foot coax extension cable

2. Radio box for Amateur (ham) VHF/UHF and GMRS Bands

Quantity Description 16 VHF/UHF radio, ICOM IC-2730A 16 Mounting bracket for IC-2730A radio, IC-MBF4 16 Faceplate mount for IC-2730A radio, IC-MBA4 16 GMRS radio, Midland MTC500 16 Power supply, Samlex 1235P-M 16 6U box 16 Rack mount tray, 8-inch 16 Rack mount tray, 16-inch 32 Speaker 32 Ham/GMRS antenna, Comet CA-2X4SR 32 Magnetic mount antenna base, OPEK AM-1025B 32 15-foot coax extension cable 64 Blade fuse holder 64 15-amp blade fuse

ATTACHMENT 2

Special Provisions

1. Confidentiality.

a. Contractor acknowledges that, in the course of performing its responsibilities under this Contract, it may be exposed to or acquire information that is confidential to Agency. For purposes of this Contract, except as set forth below, such confidential information includes all information that Agency provides to Contractor in connection with the performance of this Contract and all information as to personal facts and circumstances obtained by the Contractor on a recipient of Services (“Client”) purchased under this Contract (“Confidential Information”). Contractor shall maintain the confidentiality of such Confidential Information and protect it with at least the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable degree of care. Contractor shall use the Confidential Information solely to perform the Services and shall not disclose the Confidential Information to any third party without the prior written consent of Agency.

b. Unless disclosure of the information is otherwise prohibited or restricted by law, Confidential Information shall be deemed not to include information that (1) is or becomes (other than by disclosure by Contractor) publicly known, (2) is furnished by Agency to others without restrictions similar to those imposed by this Contract, (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract, (4) is obtained from a source other than Agency without the obligation of confidentiality, (5) is disclosed with the written consent of Agency, or (6) is independently developed by employees or agents of Contractor who can be shown to have had no access to the Confidential Information.

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

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

(1) With respect to SSA records:

(a) Provide a current list of the employees and employees of any agent or subcontractor with access to SSA records;

(b) Adhere to the same security requirements as employees of Agency;

(c) Abide by all relevant Federal laws, restrictions on access, use, disclosure, and the security requirements contained within Agency’s agreement with

SSA;

(d) Provide its employees and agents the same security awareness training as Agency’s employees; and

(e) Include the provisions of Section 1.d.(1) in any subcontract.

(2) With respect to Federal Tax Information (FTI), as defined in IRS Publication1075:

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

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

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

(d) No work involving FTI furnished under this Contract will be subcontracted without prior written approval of the IRS;

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

(f) Include the provisions of this Section 1.d.(2) in any subcontract.

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

(4) Contractor may be subject to periodic and ongoing security reviews to ensure compliance with the requirements of Section 1.d.

(5) Except as prohibited by Section 1.d above, Agency, Contractor and any subcontractor will share information as necessary to effectively serve Agency Clients.

2. Contractor Requirements to Report Abuse.

a. Contractor shall comply with, and cause its employees, agents and subcontractors to comply with, the applicable laws for mandatory reporting of abuse, including but not limited to abuse of the following classes of persons in Oregon:

(1) Children (ORS 419B.005 through 419B.045);

(2) Elderly Persons (ORS 124.055 through 124.065);

(3) Residents of Long Term Care Facilities (ORS 441.630 through 441.645);

(4) Adults with Mental Illness or Developmental Disabilities (ORS 430.735 through 430.743).

b. Contractor shall immediately make reports of suspected abuse of persons who are members of the classes established in Section 2.a. above to Oregon’s Statewide Abuse Reporting Hotline: 1-855-503-SAFE (7233) or local law enforcement, as a requirement of this Contract. The Contractor does not need to know abuse occurred, just suspect abuse, to be required to report.

c. In addition to the requirements of Sections 2.a. and 2.b. above, if law enforcement is notified regarding a report of child abuse, neglect, or threat of harm, Contractor shall also notify the local Child Protective Services Office of the Oregon Department of Human Services (“ODHS”) within 24 hours. If law enforcement is notified regarding a report of abuse of elderly, long term care facility residents, adults with mental illness or developmental disabilities, the Contractor shall also notify the local Aging and People with Disabilities Office of ODHS within 24 hours. If known, the abuse report must contain the following:

(1) The name and address of the abused person and any people responsible for that person’s care;

(2) The abused person’s age;

(3) The nature and the extent of the abuse, including any evidence of previous abuse;

(4) The explanation given for the abuse;

(5) The date of the incident; and

(6) Any other information that might be helpful in establishing the cause of the abuse and the identity of the abuser.

3. Background Checks. Reserved.

4. Equal Access to Services. As applicable, Contractor shall provide equal access to Services for both males and females under 18 years of age, including access to appropriate facilities, services, and treatment, consistent with the policy set forth in ORS 417.270.

5. Media Disclosure. The Contractor will not provide information to the media regarding a Client without first consulting the Agency. The Contractor will make immediate contact with Agency when media contact occurs. Agency will assist the Contractor with an appropriate follow-up response for the media.

6. Nondiscrimination.

a. If applicable, the Contractor must provide services to Agency Clients without regard to race, religion, national origin, sex, age, marital status, sexual orientation or disability (as defined under the Americans with Disabilities Act). Contracted services must reasonably accommodate the cultural, language, and other special needs of Clients.

b. As required by ORS 279B.235, Contractor must comply with ORS 652.220 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.

c. 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.

S-10000-00017400 /6283-0 /jrf Page 9 of 15 Request for Quotation Services rev 04/29/2019

ATTACHMENT 3

Standard Terms and Conditions

1. Statement of Work. Contractor shall perform the Services in accordance with the schedule set forth in the Statement of Work.

2. Acceptance of Delivered Services. Agency shall accept or reject each deliverable. If Agency rejects the deliverable, then Agency shall give Contractor a written notice of the reasons for the rejection and the method for curing, if any.

3. Payment. (a) Agency shall pay Contractor, in accordance with the Compensation and Payment Methodology, for Services delivered under this Contract and accepted by Agency. Contractor shall look solely to Agency for payment. Contractor shall not be compensated by anyone else. (b) Contractor agrees that Agency’s payment is contingent on Agency receiving enough funding and other expenditure authority to allow the payment. (c) Contractor’s claims to Agency for overdue payments on invoices are subject to ORS 293.462.

4. Termination. The parties may terminate this Contract at any time by mutual written consent. Agency may terminate this Contract for its convenience upon written notice to Contractor. Agency or Contractor may terminate this Contract immediately or at a later designated date upon written notice to the other party, if the other party is in breach. Contractor shall stop performance under this Contract as directed by Agency in any written notice of termination delivered to Contractor.

5. Recovery of Overpayments. IF BILLINGS UNDER THIS CONTRACT, OR UNDER ANY

OTHER CONTRACT BETWEEN CONTRACTOR AND AGENCY, RESULT IN PAYMENTS

TO CONTRACTOR TO WHICH CONTRACTOR IS NOT ENTITLED, AGENCY, AFTER

GIVING WRITTEN NOTIFICATION TO CONTRACTOR, MAY WITHHOLD SUCH

AMOUNTS FROM PAYMENTS DUE TO CONTRACTOR.

6. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND

DEFEND (SUBJECT TO ORS CHAPTER 180) THE STATE OF OREGON, AGENCY AND

THEIR OFFICERS, EMPLOYEES, AGENTS, FROM ALL CLAIMS, SUITS OR ACTIONS

OF ANY NATURE ARISING OUT OF OR RELATED TO THE ACTIVITIES OF

CONTRACTOR, OR ITS OFFICERS, SUBCONTRACTORS, AGENTS OR EMPLOYEES

UNDER THIS CONTRACT.

7. Governing Law, Jurisdiction, and Venue. This Contract is governed by Oregon law, without regard to principles of conflicts of law. Any claim, action, suit, or proceeding between the State of Oregon and the Contractor that relates to this Contract (“Claim”) shall be heard exclusively in the Circuit Court of Marion County for the State of Oregon. If the Claim must be brought in a federal forum, then it shall be heard exclusively in the US District Court for the District of Oregon. In no way will this Section or any other provision of this Contract be construed as a waiver by the State of Oregon of any form of defense, sovereign immunity, governmental

S-10000-00017400 /6283-0 /jrf Page 10 of 15 immunity, immunity based on the Eleventh Amendment to the US Constitution, or other immunity, from any Claim or from the jurisdiction of any court. Contractor consents to the in personam jurisdiction of these courts.

8. Force Majeure. No party is responsible for delay or default caused by an event beyond its reasonable control. The Agency may terminate this Contract without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this Contract.

9. Subcontracts, Assignment, Successors. Contractor shall not assign, transfer, or subcontract rights or responsibilities under this Contract in whole or in part, without the prior written approval of the Agency. This Contract’s provisions are binding upon and inure to the benefit of the parties to the Contract and their respective successors and assigns.

10. Access to Records. Contractor shall maintain all accounting records relating to this Contract according to GAAP. Contractor shall retain its accounting records and any other records relating to Contractor’s performance (“Records”) for six years from termination or as otherwise required. Contractor shall grant the State of Oregon and its agencies, the Secretary of State Audits Division, the federal government, and their duly authorized representatives’ access to the Records, including reviewing, auditing, copying, and making transcripts.

11. Compliance with Applicable Laws and Standards. Contractor shall comply with all federal, state and local laws, regulations, executive orders, and ordinances applicable to the Contract or to the performance of the Services, as such laws, regulations, executive orders, and ordinances may be adopted, amended, or repealed from time to time. These laws, regulations, executive orders and ordinances are incorporated by reference herein to the extent that they are applicable to this Contract and required by law to be so incorporated. Agency’s performance under this Contract is conditioned upon Contractor's compliance with the provisions of ORS 279B.220, 279B.230, and 279B.235 incorporated by reference herein.

12. Ownership of Work Product. Every invention, discovery, work of authorship and other tangible or intangible item that Contractor is required to deliver to Agency under this Contract (collectively, “Work Product”) shall be the exclusive property of Agency. Agency and Contractor agree that all Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act.

If for any reason any Work Product is not “work made for hire,” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all such Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency's reasonable request, Contractor shall acquire such further rights and execute such further documents and instruments as are necessary to fully vest such rights in Agency. Contractor forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 U.S.C. § 106A or any

S-10000-00017400 /6283-0 /jrf Page 11 of 15 other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

13. Amendments; Waiver. All amendments to this Contract must be in writing and signed by both parties. The Agency’s failure to enforce any provision of this Contract is not a waiver or relinquishment by the Agency of its rights to such performance in the future or to enforce any other provisions.

14. Severability. If a court of competent jurisdiction declares any provision of this Contract to be illegal or in conflict with law, the parties intend that the validity of the remaining terms and provisions not be affected, and that the rights and obligations of the parties be construed and enforced as if the Contract did not contain the particular terms of provision held to be invalid.

15. 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 Contract. The Agency may withhold final payment under this Contract until Contractor has met this requirement.

16. Independent Contractor. Contractor is not an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265 or otherwise. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by performance of this Contract, represents and warrants that Contractor’s Services to be performed under this Contract create no potential or actual conflict of interest as defined by ORS Chapter 244 and that no statutes, rules or regulations of the State of Oregon or federal agency for which Contractor currently performs work would prohibit Contractor’s performance under this Contract. If compensation under this Contract is to be charged against federal funds, Contractor certifies that it is not currently employed by the federal government. Contractor is responsible for all federal and state taxes applicable to compensation paid to Contractor under this Contract, and unless Contractor is subject to backup withholding, Agency will not withhold from such compensation any amounts to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or worker’s compensation benefits from compensation paid to Contractor under this Contract, except as a self-employed individual. Contractor shall perform all Services as an independent contractor. Agency reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services and any Work Product, but Agency may not and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Services. Contractor is an independent contractor as defined in ORS 670.600.

17. Breach. (a) Contractor breaches this Contract if Contractor: (i) ceases doing business on a regular basis, including but not limited to ceasing to do business as a

S-10000-00017400 /6283-0 /jrf Page 12 of 15 result of insolvency, receivership, bankruptcy proceedings, or an assignment for the benefit of creditors; (ii) no longer holds a required license or certificate for Contractor’s performance; or (iii) commits any material breach under this Contract,

(vi) Contractor failed to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Contract or fails to comply with the tax laws of this state or a political subdivision of this state during the term of this Contract, and Contractor fails to cure any such breach as Agency may specify in the notice of breach. (b) Agency breaches this Contract if Agency: (i) fails to pay Contractor any amount owed under this Contract; or (ii) commits any material breach under this Contract, and Agency fails to cure any such breach as Contractor may specify in the notice of breach.

18. Agency Remedies. If Contractor is in breach under Section 17(a), Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to: (a) termination of this Contract under Section 4, (b) reducing or withholding payment for Services or Work Product that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively, (c) requiring Contractor to perform, at Contractor’s expense, additional work necessary to perform the Statement of Work or meet performance standards, (d) suspending Contractor’s performance of the Services, (e) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, or (f) exercise of its right of recovery of overpayments under Section 5 of this Contract or setoff, or both. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

19. Contractor Remedies. (a) If Agency is in breach under Section 17(b), and whether or not Contractor elects to exercise its right to terminate the Contract under Section 4, Contractor's sole monetary remedy shall be (i) with respect to Services compensable at a stated rate, a claim for unpaid invoices, time worked within any limits set forth in this Contract but not yet invoiced, authorized expenses incurred and interest within the limits permitted under ORS 293.462, and (ii) with respect to deliverable-based Services, a claim for the sum designated for completing the deliverable multiplied by the percentage of work completed and accepted by Agency, less previous amounts paid and any claim(s) that Agency has against Contractor.

20. Intended Beneficiaries. Agency and Contractor are the only parties to this Contract and the only parties entitled to enforce the Contract.

21. Information Privacy/Security/Access. If the Services performed under this Contract requires Contractor or, when allowed, its subcontractor(s), to access or otherwise use of any Agency Information Asset or Network and Information System in which security or privacy requirements apply, and Agency grants Contractor, its subcontractor(s), or both access to such Agency Information Assets or Network and

S-10000-00017400 /6283-0 /jrf Page 13 of 15

Information Systems, Contractor shall comply and require its subcontractor(s) to which such access has been granted to comply with the terms and conditions applicable to such access or use, including OAR 407-014-0300 through OAR 407- 014-0320 / 943-014-0300 through 943-014-0320 , as such rules may be revised from time to time. For purposes of this section, “Information Asset” and “Network and Information System” have the meaning set forth in OAR 407-014-0305 / 943-014- 0305 , as such rule may be revised from time to time.

22. Merger Clause/Counterparts. This Contract constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representation, oral or written, not specified herein, regarding this Contract. Any amendments to this Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of an amendment so executed shall constitute an original.

23. Funds Available and Authorized. Contractor shall not be compensated for Services performed under this Contract by any other agency of the State of Oregon or the federal government. Agency certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within Agency's current biennial appropriation or limitation. Contractor understands and agrees that Agency's payment for Services performed is contingent on Agency receiving appropriations, limitations, allotments and other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

24. Representations and Warranties. Contractor represents and warrants to Agency that: (a) Contractor has the power and authority to enter into and perform this Contract, (b) the obligations set forth herein are valid and binding obligations of Contractor enforceable in accordance with its terms, (c) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor's industry, trade or profession (d) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services, and (e) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided.

25. Notices. Except as otherwise expressly provided in this Contract, any notices to be given hereunder shall be given in writing by personal delivery, fax, or mailing the same, postage prepaid to Contractor or Agency at the address or number set forth in this Contract, or to such other addresses or numbers as either party may indicate

S-10000-00017400 /6283-0 /jrf Page 14 of 15 pursuant to this Section. Any notice so addressed and mailed by regular mail shall be deemed received and effective five days after the date of mailing. Any notice delivered by fax shall be deemed received and effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day if transmission was outside normal business hours of the recipient. Notwithstanding the foregoing, to be effective against the other party, any notice transmitted by fax must be confirmed by telephone notice to the other party at number set forth in this Contract. Any communication or notice given by personal delivery shall be deemed effective when actually delivered to the addressee.

26. Time is of the Essence. Contractor agrees that time is of the essence in Contractor’s performance of the Services under this Contract.

27. Survival. In addition to any provisions of this Contract that by their express terms survive termination of this Contract, the confidentiality provisions of Exhibit A and the following provisions of Exhibit B shall remain in effect beyond any Contract termination or full performance: 3, 5, 6, 7, 10, 11, 12, 16, 17, 18, 19, 20, 23, 24, 25, 27 and 28.

28. Limitation of Liabilities. THE STATE OF OREGON SHALL NOT BE LIABLE FOR ANY

INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR RELIANCE DAMAGES OF

ANY KIND OR NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO ANY LOST

PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, OR HARM TO BUSINESS),

REGARDLESS OF THE FORSEEABILITY THEREOF, ARISING OUT OF OR RELATED TO

THIS CONTRACT. CONTRACTOR HEREBY RELEASES THE STATE OF OREGON AND

ITS AGENCIES AND THEIR DIVISIONS, OFFICERS, EMPLOYEES, AGENTS AND

MEMBERS FROM ANY SUCH CLAIMS.

S-10000-00017400 /6283-0 /jrf Page 15 of 15

ATTACHMENT 4

Request for Taxpayer Identification Number and Certification Form W-9

Under separate cover