S-44300-00015445 ITB~2.pdf

State of Oregon

Oregon Health Authority, issues

Invitation to Bid (“ITB”) under OregonBuys

Bid Number # S-44300-00015445 for

PATIENT MATTRESSES FOR THE OREGON STATE HOSPITAL

Date of Issue: 01/21/2026

Bid Opening Date and Time: 02/18/2026, Time 03:00 PM (Pacific Time)

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

Address: 500 Summer St, E03 City, State, Zip: Salem, OR 97301 Phone (voice): 971-204- 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 the Single Point of Contact (SP) at the contact information found above. We accept all relay calls.

mailto:ANDRIA.OTJEN@odhsoha.oregon.gov

DAS State Procurement Services, Version 2.0 – July, 2025 S-44300-00015445/ano Page 2 of 25

Table of Contents

SECTION 1: GENERAL OVERVIEW

1.1 Purpose

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 Scope of Work and Specifications

2.2 Prices

2.3 Supporting Information

2.4 Samples

2.5 Minimum Specifications

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

3.2 Defined Terms

3.3 E-Procurement System: OregonBuys

3.4 Reserved

3.5 Pre-Bid Conference

3.6 Questions and Requests for Clarification

3.7 Protest of ITB

3.8 Amendments

3.9 Protest of Amendments

3.10 Bid Submission

3.11 Bid Delivery

3.12 Bid Modification or Withdrawal

3.13 Late Bids

3.14 Opening and Bid Review

3.15 Firm Offer

3.16 Additional Rounds

SECTION 4: BID REVIEW

4.1 Responsiveness Determination

4.2 Responsibility Determination

4.3 Reserved

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4.4 Preferences

4.5 Price Comparison (including application of preferences) 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 Price Agreement 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

ATTACHMENT A Sample Price Agreement

ATTACHMENT B Bid Cover Sheet

ATTACHMENT C RESERVED

ATTACHMENT D Bid Pricing Form

ATTACHMENT E Responsibility Inquiry

ATTACHMENT F Certified Disadvantaged Business Outreach Plan

ATTACHMENT G Defined Terms

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SECTION 1: GENERAL OVERVIEW

1.1 Purpose

The State of Oregon, acting by and through its Oregon Health Authority, (“Agency”), Oregon State Hospital, (“OSH”), is issuing this Invitation to Bid (ITB) to establish a Price Agreement for the purchase of patient mattresses on an as-needed basis. By submitting a Bid, Bidder agrees to supply all goods ordered during the term of any awarded Price Agreement. The quantities given in the Bid are best estimates and are given as a basis for the comparison of Bids. Quantities ordered may be increased or decreased by Agency as deemed necessary during the period of the Price Agreement. Bidders shall recognize there are no guaranteed minimum contract quantities or values associated with this solicitation or associated Price Agreement.

Agency anticipates the award of one (1) Price Agreements resulting from this ITB to the overall lowest Responsive Responsible Bidder. The initial term is anticipated to be five

(5) years with an option to renew up to a maximum term of ten (10) years.

Delivery location:

Salem, OR

Oregon State Hospital - Salem

2600 Center Street NE, Salem, OR 97301

Delivery dates, description and quantity of items being ordered, and delivery location for Mattresses will be in accordance with the ordering process outlined in the Price Agreement.

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

Questions/Requests for

Clarifications Due January 30, 2026

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 February 20, 2026

Issuance of Notice of Intent to Award (approximate)

February 25, 2026

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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 Prior Experience & Qualifications. Offerors must have a minimum of 5 years in business providing this type of goods to public sector facilities and be able to provide large scale orders upon request.

1.3.1.1 Bidders must provide a statement with their bid to show they meet the minimum requirement of 5 years in business, this can be provided with a copy of a business license showing dates in business or statement in writing signed by an executive officer of the company verifying the 5-year requirement. A bidder's failure to meet these minimum prior experience requirements may cause their bid to be considered non-responsive and rejected.

1.4 Submission Requirements

The Bid must include the following mandatory forms and documents in its submittal:

1.4.1 Attachment B – Bid Cover Sheet

1.4.2 Attachment D – Bid Pricing Form

1.4.3 Attachment E – Responsibility Inquiry

1.4.4 Attachment F – Certified Disadvantaged Business Outreach Plan

1.4.5 Proof of Prior Experience & Qualifications (Section 1.3)

1.4.6 Mattress Specification Sheet (Section 2.3)

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.

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SECTION 2: GOODS AND SERVICES

2.1 Scope of Work and Specifications

The Agency intends to establish a Price Agreement for the purchase of OSH mattresses for both campuses to be purchased on an as-needed basis. NOTE: The individual item descriptions and specifications provided in this ITB are representative of the type and quality of product that the Agency requires. Minor deviations to the specifications will be reviewed during the evaluation process and will either be accepted or rejected. Bidders should provide items that that meet or exceed these specifications. Agency will consider all submitted Goods. Agency will determine at its sole discretion if Goods meet Agency’s specifications.

2.2 Prices

2.2.1 Prices submitted in the ITB must remain firm for no less than (1) one year after Price Agreement Effective Date.

2.2.2 Prices submitted must be fully loaded to include delivery costs and are F.O.B. Freight on Board Destination.

2.3 Supporting Information

Bidders shall submit a document containing technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made by the SPC and Agency that the product offered meets the ITB specifications and that other requirements of the ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Agency reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products or services offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the Agency and may include the requirement that a bidder will provide a sample product(s) so that the Agency can make a first-hand examination and determination. Bidders may also provide web site links for all offered items providing specifications and additional details. A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Agency, will cause the Agency to consider the offer non-responsive and reject the bid.

2.4 Samples

If requested by the SPS, bidder(s) may be required to submit samples of the items offered for inspection and evaluation and to ensure consistent quality throughout the term of the Price Agreement. The Agency may conduct an acceptance test. If so, the test will use appropriate means to determine if the product offered meets the ITB specifications. If the sample fails to meet the ITB specifications, the Agency will, at its option, reject the bid or allow the bidder to replace the defective sample. After

S-44300-00015445/ano Page 7 of 25 inspection, the samples will be returned to the bidder at the bidder’s expense if requested, otherwise, the samples will remain the property of the Agency. Complete item specifications (i.e., brand, model, fabric type, size, color, etc.) of the final product offered must be provided and must meet the minimum item specification requirements.

If the specifications describing an item conflict with the sample’s brand name, model number, size, color, etc., the specifications provided on the literature governs. All samples, if requested, must be submitted no later than date to be determined by the SPC and must be delivered to the address as shown below:

2.4.1 Oregon State Hospital Samples for (ITB) Number: S-44300-00015445, Attention:

Ernestina Hales ship to the following address: 2600 Center St. NE Salem, OR 97302.

Failure to submit the samples when requested will be a failure to meet the ITB's specifications. An award will then be made to the next low bidder.

2.5 Minimum Specifications

2.5.1 Mattress Specifications:

2.5.1.1 Waterproof mattress (mattress must be waterproof, easy to clean, and resistant to urine and other fluids);

2.5.1.2 Firm edge support, top cover Low Vapor Transmission Rate nylon bottom;

2.5.1.3 Internal seams and one external seam to close mattress;

2.5.1.4 Mattress label sewn to bottom cover to include size;

2.5.1.5 No zipper, no tape;

2.5.1.6 Meets California Technical Bulletin 117 & 16 CFR Part 1632, Hospital Standards;

2.5.1.7 Meets National Fire Protection Association (NFPA) 101 Life Safety Code 2024 Chapter 10.3.2 through 10.3.7;

2.5.1.8 Each mattress must be individually wrapped for warehouse storage.

2.5.2 Mattress Ticking Specifications

2.5.2.1 Preferred Colors: Gray, or Navy;

2.5.2.2 8.5-10 oz. Non-Skid Medical Grade Vinyl;

2.5.2.3 Flame resistant, antimicrobial, bacteria Resistant, anti-Fungal, anti-Static, and fluid Resistant;

2.5.2.4 Must meet Food and Drug Administration (FDA) guidelines for biocompatibility and safety.

2.5.3 Mattress Dimensions:

2.5.3.1 Item #1- Mattress Size: 80” x 36” x 3” with one (1) 3” layer of medium-firm foam.

2.5.3.2 Item #2- Mattress Size: 75” x 36” x 6 specifications:

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2.5.3.2.1 multi-laminate density foam with topper (1.8 lbs. – 2.5 lbs.)

2.5.3.2.2 Construction with a minimum of 3 layers as follows:

2.5.3.2.2.1 2” soft conforming foam layer, 2” internal foam layer and 2” semi-firm foam layer.

2.5.3.2.2.2 High-density perimeter (2.5 Indention Load Deflection) 3” wide foam on the 75” edges to increase edge support and prevent breakdown.

2.5.3.3 Item #3- Mattress Size: 75” x 30” x 6” specifications:

2.5.3.3.1 Multiple density foam (1.8 lbs. – 2.5 lbs.)

2.5.3.3.2 Construction with a minimum of 3 layers as follows:

2.5.3.3.2.1 2” soft conforming foam layer, 2” internal foam layer and 2” semi-firm foam layer.

2.5.3.3.2.2 High-density perimeter with 2.5 Indention Load Deflection (ILD) 3” wide foam on the 75” edges to increase edge support and prevent breakdown.

2.5.3.4 Item #4- Mattress Size: 81” x 36” x 6” specifications:

2.5.3.4.1 Multiple density foam (1.8 lbs. – 2.5 lbs.)

2.5.3.4.2 Construction with a minimum of 3 layers as follows:

2.5.3.4.2.1 2” soft conforming foam layer, 2” internal foam layer and 2” semi-firm foam layer.

2.5.3.4.2.2 High-density perimeter with 2.5 ILD 3” wide foam on the 75” edges to increase edge support and prevent breakdown.

SECTION 3: PROCUREMENT PROCESS

3.1 Procurement Authority and Method

Agency is conducting this ITB pursuant to 279A.050(6)(b) and ORS 413.033. 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 Price Agreement are found in OAR 125-246-0110 and set forth in Attachment G or elsewhere in this ITB or its Attachments.

For ease of reference, a link to the crosswalk of terms used in OregonBuys to terms defined in Oregon Administrative Rules is included in Attachment G.

3.3 E-Procurement System: OregonBuys

3.3.1 OregonBuys posting.

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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.

3.4 Reserved

3.5 Pre-Bid Conference

Agency will not hold a pre-Bid conference.

3.6 Questions and Requests for Clarification

All questions and requests for clarification, related to this solicitation must be in Writing. The preferred method of submission is 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 must reference the OregonBuys ITB number, section number, and passage. Questions or requests for clarification will not be accepted by telephone.

3.7 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 Price Agreement, or the procurement process described in this ITB.

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

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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.

3.8 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.

3.9 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 3.7 above.

3.10 Bid Submission

The Bid must include all submission requirements, follow the ITB sequence, reference the ITB section numbers and include:

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

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

3.10.3 Bidder shall complete and submit the Responsibility Inquiry (Attachment E).

Attachment E must be signed by Bidder’s authorized representative.

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

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3.10.5 Proof of Prior Experience & Qualifications (Section 1.3).

3.10.6 Mattress Specification Sheet (Section 2.3).

3.11 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 may 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 %20Solicitation%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.

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

3.13 Late Bids

Agency will not accept late Bids.

3.14 Opening and Bid Review

A public Opening of Bids will not be held for this ITB. Bids will be reviewed as set forth in Section 4.

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

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3.15 Firm Offer

A Bid is a firm offer for 90 calendar days following the Opening.

3.16 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 Price Agreement per agreement ORS 279B.110.

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

4.3 Reserved

4.4 Preferences

Agency will apply the following preferences to the Bid Cost:

4.4.1 Oregon Supplies and Services. The State prefers that contract awards are for Oregon goods and services. For bid calculation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Bidder proposing all Goods fabricated or processed or all Services performed entirely in Oregon before the comparison.

4.4.2 Reciprocal Preference. Pursuant to OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in Bidder's state.

4.4.3 Recycled Materials. In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, Agency will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

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

4.4.5 Tiebreakers. If Agency receives Bids identical in cost, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement by drawing lots as outlined in OAR 125-246-0300.

4.5 Price Comparison (including application of preferences) and Ranking

After applying all preferences, Agency will compare the Bid Pricing Forms from all Bidders and rank them from lowest to highest. Total Bid Price from Attachment D will be used to determine overall lowest price.

Agency intends to award a Price Agreement to the overall 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).

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;

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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 Price Agreement to the overall lowest Responsive and Responsible Bidder submitting the Bid with the lowest price (Apparent Successful Bidder) as described in Section 4.5.

5.4 Price Agreement Execution

Agency intends to enter into a Price Agreement based upon the form attached hereto (Attachment A) with the apparent successful Bidder. Prior to execution of the Price Agreement, the apparent successful Bidder must submit the following to Agency:

5.4.1 Pay Equity Certification. If the value of the Price Agreement 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 Price Agreement 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 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 https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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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.

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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 Price Agreement, 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 Price Agreement, 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 Price Agreement. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270- 279B.280)

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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

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ATTACHMENT A

SAMPLE PRICE AGREEMENT

Under separate cover

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ATTACHMENT B

BID COVER SHEET

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ATTACHMENT C

RESERVED

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ATTACHMENT D

BID PRICING FORM

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ATTACHMENT E

RESPONSIBILITY INQUIRY

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ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

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ATTACHMENT G

DEFINED TERMS

For ease of reference, a crosswalk of terms used in OregonBuys to terms defined in Oregon Administrative Rules is included in this attachment.

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or clarification of, the ITB. Each Addendum will be labeled as such and must be made available to all interested Bidders in accordance with OAR 125-247-0305(8). The plural form of “Addendum” is “Addenda.”

“Amendment” “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

"Bid" (referred to as “Quote” in OregonBuys) means Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

“Bid Opening Date” means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

"Bidder" means an individual (person), organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

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

“Change Order” A formal change to an existing MBPO (i.e., any form of contract, agreement, price agreement or on-call contract, etc., purchase order or work order contract).

"Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

“Indention Load Deflection” is a standard measurement for foam firmness, indicating the pounds of force needed to indent a specific foam sample.

“Low Vapor Transmission Rate” means a material is highly resistant to water vapor passing through it, acting as an excellent moisture barrier.

“Master Blanket Purchase Order” (“MBPO”) Any form of contract, agreement, price https://www.google.com/search?q=moisture+barrier&sca_esv=e453197352e1fd18&ei=X0RMad-KC-Lv0PEPvKLa6QM&oq=what+does+Low+Vapor+Transmission+Rate&gs_lp=Egxnd3Mtd2l6LXNlcnAiJXdoYXQgZG9lcyBMb3cgVmFwb3IgVHJhbnNtaXNzaW9uIFJhdGUqAggAMggQIRigARjDBEjkHlAAWIgOcAB4AZABAJgByQGgAbYIqgEFOC4xLjG4AQHIAQD4AQGYAgmgAsIIwgIIEAAYBxgIGB7CAgsQABiABBiGAxiKBcICCBAAGIAEGKIEwgIIEAAYCBgNGB7CAgoQIRigARjDBBgKwgIEECEYCpgDAJIHBTUuMy4xoAfpLLIHBTUuMy4xuAfCCMIHBzAuMS42LjLIBzqACAA&sclient=gws-wiz-serp&safe=active&ssui=on&mstk=AUtExfDIdY8VMrlAviO9GYj1hI36ygeNPOAVY30S5mgnjmESNbfjo5iFlXF9bYeb8VZYut5n1tj-27U53FHeMOkGdCYC6M9JzDAzQytaJpdWtmf45LPU_l9lBH5hGlF7KPa-oC8&csui=3&ved=2ahUKEwj4pqLWgdeRAxXRLDQIHfbFDCkQgK4QegQIARAE

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“Non-Skid Medical Grade Vinyl” is a type of plastic derived from ethylene and chlorine, forming Polyvinyl Chloride (PVC) that provides enhanced durability, anti-flammable, resistance to bacterial growth, and ease of cleaning attributes crucial for healthcare applications.

"Opening" means the date/time set to read the Bid submittals.

"OregonBuy System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services.

The OregonBuys System website is: https://oregonbuys.gov/bso/.

“Quote” Any form of Bid submission by Vendors, i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

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

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

“Vendor” Any form of business entity registered in OregonBuys.

CROSSWALK OF TERMS USED IN OREGONBUYS Please see this link:

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