S-69000-00012422 - UTV RFQ.pdf

RFQ S-69000-00012422 – Utility Terrain Vehicle and Accessories Page 1 of 10

Single Point of Contact (SPC): Email: robin.v.ramsey@water.oregon.gov Robin Ramsey, Procurement and Contract Specialist Phone: (971) 375-8850 Oregon Water Resources Department 725 Summer Street NE Salem, OR 97301

REQUEST FOR QUOTE

RFQ # S-69000-00012422

*THIS IS NOT AN ORDER*

Send all ques�ons and return Exhibit A - Bid Sheet to the Single Point of Contact (SPC) Robin Ramsey at the contact informa�on above by 5:00 PM PST on Monday, January 20, 2025, via OregonBuys (PDF format is preferred). This Solicita�on for Quotes is an Intermediate Procurement per the Authority of OAR 125-246-0170.

1. OVERVIEW:

This Request for Quote (RFQ) is issued by the State of Oregon, Oregon Water Resources Department (Agency), to seek quotes for the purchase and delivery of one (1) Polaris Range XP 1000 Crew North Star U�lity Task Vehicle (UTV) with accompanying trailer and tracks, or Agency approved equivalent.

All costs incurred in preparing and submi�ng a response to this RFQ will be the responsibility of the submiter and will not be reimbursed by the State of Oregon.

Agency an�cipates the Award of one (1) Purchase Order resul�ng from this RFQ to the lowest Responsible Bidder.

• Bidder may submit Quote electronically as a PDF through OregonBuys eProcurement System at htps://oregonbuys.gov/bso/.

Quotes received a�er the Closing date and �me will not be opened or considered.

o Instruc�ons for submission via OregonBuys are found at the following link:

htps://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicita�on%2 0Response.pdf

• Agency reserves the right to add addi�onal Goods or Services in the future, if needed, up to a total aggregate not-to-exceed dollar amount of $250,000 (Intermediate Procurement Threshold). Prices for addi�onal Goods or Services, if any, will be nego�ated by the Par�es.

2. MANDATORY REQUIREMENTS AND SPECIFICATIONS

Quotes must meet or exceed all the following:

2.1. UTV Specifica�ons

• 80 horsepower

• 1100 Payload capacity

• Front/Rear Brakes

• Parking Brake

• Ligh�ng (Low Beam, High Beam, Taillights)

• Windshield with Wiper(s)

• Front Bumper with Integrated Winch

• Lockable doors mailto:robin.v.ramsey@water.oregon.gov https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=309576 https://oregonbuys.gov/bso/ 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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2.2. Trailer

2.3. Track Kit

2.4. Warranty and Support

2.5. Delivery

Offeror shall deliver Goods no later than 30 business days from receipt of the Purchase Order, unless mutually agreed upon. Agency may opt to pick up UTV if the awarded vendor is within 100 miles of Delivery address below, no later than 30 business days from receipt of the Purchase Order.

Shipping will be F.O.B. Des�na�on and shall be included on the Quote.

Delivery Address:

C/O Jason Spriet 1995 3rd ST Suite 180 Baker City, OR 97814

3. BRAND NAME OR EQUAL TO

Any reference to brand names is meant as descrip�ve, not restric�ve. Alternate Bids will be considered on products, which meet or exceed products indicated on Quote. Vendor is to clearly mark alternate Proposals.

“OR EQUAL”: Any brand name listed in the specifica�ons as “or equal” or “or equivalent” shall establish the minimum requirements for quality, u�lity, durability, func�on, purpose, etc. Other product brands may be offered that are equal to or beter than the product brand name. Vendor may show cost differences, alternates and op�ons in the space provided in the quote. This clause is not meant to be restric�ve, but to set the minimum standard. AGENCY SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS “EQUAL.”

When the designa�on is “or equal” or “equivalent” Agency shall make its decision a�er RFQ Closing.

4. SINGLE POINT OF CONTACT (SPC)

All communica�ons, including ques�ons, comments, and requests for clarifica�on must be inwri�ng to the SPC listed on the front page and emailed to robin.v.ramsey@water.oregon.gov. Ques�ons via phone will not be accepted.

5. RFQ SCHEDULE

Issued Date: January 6, 2025 Opening Date (Quotes Due): January 20, 2025 @ 5:00 PM

6. PROCUREMENT PROCESS

The RFQ, including all Addenda and atachments, are published in the OregonBuys e-Procurement System. RFQ documents will not be mailed to prospec�ve Offerors. Agency shall adver�se all Addenda on OregonBuys e- Procurement system. Prospec�ve Offeror is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFQ by this reference.

7. RFQ SUBMISSION PROCESS

Quotes will be reviewed on a Pass/Fail basis. Failure to provide any of the informa�on or comply with any of the requirements in this sec�on 7 and its subsec�ons MAY be considered nonresponsive. Agency has the right to determine if quotes substan�ally meet the requirements of this RFQ.

7.1. Submission Requirements

To be considered, Offerors must submit the following:

• Complete the Bid Sheet (Exhibit A) for the items listed in sec�on 2.

• Complete the Proposer Informa�on and Cer�fica�on Form (Exhibit B) mailto:robin.v.ramsey@water.oregon.gov https://oregonbuys.gov/bso

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• Atach Model Specifica�ons if Bidding alterna�ve brands.

7.2. Quote Submissions

Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instruc�ons on how to submit an Offer can be found at OregonBuys Vendor Formal Solicita�on Response.pdf.

Quotes must be submited using the Bid Sheet (Exhibit A) contained within this RFQ document, although addi�onal informa�on may be atached.

Bidders must indicate any variances from the required Specifica�ons listed in sec�on 2. Alternate Quotes may or may not be considered at the sole discre�on of AGENCY.

Bidders must be registered as a supplier in OregonBuys to par�cipate in this RFQ opportunity.

The Bid Sheet must be signed by Person(s) legally authorized to bind the Bidder to the Bid and the Purchase Order resul�ng from this RFQ. Digital signatures are accepted. A sample PO is atached. By submi�ng a Quote, Bidder understands and agrees to the terms and condi�ons of the Purchase Order.

Awarded Bidder/Contractor must be registered with the Oregon Secretary of State (SOS).

htps://sos.oregon.gov/business/pages/default.aspx.

• Responses must be received no later than Monday, January 20, 2025 by 5:00 PM Pacific Time to be considered.

8. PUBLIC RECORDS

The informa�on received shall be kept by Agency and made a part of a file or record, which will be open to public inspec�on. If respondents believe any of its RFQ response is exempt from disclosure under Oregon Public Records law (ORS 192.311 through 192.478), respondent shall complete and submit the Affidavit of Trade Secret (Atachment B) an submit a fully redacted version of its informa�on, clearly iden�fied as the redacted version.

Iden�fying the Response in whole as exempt from disclosure is not acceptable. If submiter fails to iden�fy the por�ons of the Response which submiter claims are exempt from disclosure, submiter is deemed to have waived any future claim of non-disclosure of that informa�on.

9. AWARD DETERMINATION

Agency will review responses for the quote that will best serve the interests of the Agency. Award determina�on will be based upon price as well as considera�ons including, but not limited to Offeror responsibility under ORS 279B.110. Agency reserves the right not to award a contract if it is in the best interest of the Agency

10. SOLICITATION TERMS

10.1. All pricing must be held firm for 90 days.

10.2. Protests will not be entertained.

10.3. Agency may require clarifica�on to understand any response.

10.4. Agency reserves the right to accept any quote or any part or to reject any or all quotes. Submission of a quote does not cons�tute an agreement between Agency and Offeror, nor does it secure or imply that Offeror will be selected.

10.5. If selected for Award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before execu�ng the Contract. Visit htp://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry informa�on.

11. CANCELLATION AND/OR REJECTION OF QUOTES

Pursuant to ORS 279B.100, Agency may reject any or all Quotes in whole or in part and may cancel this RFQ at any �me when the rejec�on or cancella�on is in the best interest of the State. Agency, the State, and their officers, 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 https://sos.oregon.gov/business/pages/default.aspx https://oregon.public.law/statutes/ors_192.311 https://oregon.public.law/statutes/ors_192.478 https://oregon.public.law/statutes/ors_279B.110 https://oregon.public.law/statutes/ors_279B.110 http://sos.oregon.gov/business/pages/register.aspx https://oregon.public.law/statutes/ors_279B.100

RFQ S-69000-00012422 – Utility Terrain Vehicle and Accessories Page 4 of 10 employees and agents are not liable to any Offeror for any loss or expense caused by or resul�ng from the delay, suspension, or cancella�on of this RFQ, or rejec�on of any or all Bids. Unless Agency cancels this RFQ prior to the Closing iden�fied in Sec�on 9, all Bids will become part of the public record without obliga�on to Agency.

12. ATTACHMENTS

• Exhibit A – Bid Sheet

• Exhibit B – Proposer Informa�on and Cer�fica�on Form

• Atachment A – Sample Purchase Order

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EXHIBIT A – BID SHEET

Company Name: Federal ID No:

Contact Person: Email:

Address:

City, State ZIP: Phone:

The prices quoted are all-inclusive and include any other associated costs or fees. All pricing must be held firm for 90 days.

Descrip�on Quan�ty Price Per Unit Total

Each Each Each Each Each

Any individual signing below hereby cer�fies they are an authorized Representa�ve of Bidder and that:

Bidder understands that and accepts the requirements of this RFQ and the terms and condi�ons of the atached sample Purchase Order.

Signatory has knowledge regarding Bidder’s payment of taxes and by signing below cer�fies that, to the best of his/her knowledge, Bidder is not in viola�on of any Oregon tax laws.

Bidder does not unlawfully discriminate against any of Bidder’s employees in the payment of wages or other compensa�on for work of comparable character based on an employee’s membership in a protected class.

“Protected Class” means a group of Persons dis�nguished by race, color, religion, sex, sexual orienta�on, na�onal origin, marital status, Veteran status, disability, or age.

Bidder and Bidder’s employees, agents, and subcontractors are not included on the government-wide exclusions list in the System of Award Management (SAM) found at www.sam.gov.

Bidder cer�fies that, to the best of its knowledge, there exists no actual or poten�al conflict of interest between the Bidder and the State of Oregon AGENCY.

Bidder cer�fies that all contents of this RFQ response are truthful and accurate and have been prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

Bidder understands that any statement or representa�on it makes in response to this RFQ, if determined to be false or fraudulent, a misrepresenta�on, or inaccurate because of omission of material informa�on could result in a “false claim” subject to the Oregon False Claims Act, ORS 180.750 to 180.785 and any liabili�es or penal�es associated with the making of a false claim under that Act.

Bidder understands that a Quote submited in response to this RFQ will be public record and is open to public inspec�on a�er a no�ce of Award is posted in OregonBuys.

Authorized Signature Date http://www.sam.gov/ https://oregon.public.law/statutes/ors_180.750 https://oregon.public.law/statutes/ors_180.785

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EXHIBIT B – PROPOSER INFORMATION AND CERTIFICATION FORM

Legal Name of Proposer:

Address:

City, State ZIP:

State of Incorpora�on: En�ty Type:

Contact Name:

Telephone: Email:

Oregon Business Registry Number:

Any individual signing below hereby cer�fies that they are an authorized Representa�ve of Proposer and that:

1. Proposer understands and accepts the requirements of this RFQ. By submi�ng a Quote, Proposer agrees to be bound by the Price Agreement and Purchase Order terms and condi�ons, except for those terms and condi�ons, if any, that Agency has reserved for nego�a�on, as iden�fied in the RFQ.

2. Proposer acknowledges receipt of all Amendments to this RFQ.

3. Quote is a firm offer for 90 calendar days following the Bid Opening date.

4. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby cer�fy that, to the best of my knowledge, Proposer is not in viola�on of any tax laws of the state or a Poli�cal Subdivision of the state, including, without limita�on, ORS 305.620, and ORS Chapters 316, 317, and 318.

5. Proposer does not discriminate in its employment prac�ces regarding race, creed, age, religious affilia�on, gender, disability, sexual orienta�on, or na�onal origin. When awarding subcontracts, Proposer does not discriminate against any business cer�fied under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled Veteran owns, or an emerging small business. If applicable, Proposer has, or will have prior to the Contract execu�on, a writen policy and prac�ce, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preven�ng sexual harassment, sexual assault, and discrimina�on against employees who are members of a protected class. AGENCY may not enter into a Contract with an an�cipated Contract Price of $250,000 or more with a Proposer that does not cer�fy it has such a policy and prac�ce. See htps://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for addi�onal informa�on.

6. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensa�on for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of Persons dis�nguished by race, color, religion, sex, sexual orienta�on, na�onal origin, marital status, Veteran status, disability, or age.

7. Proposer’s con�nuing compliance cons�tutes a material element of this Purchase order and a failure to comply cons�tutes a breach that en�tles AGENCY to terminate this Purchase Order for cause.

8. Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensa�on with another employee or another Person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensa�on with another employee or another Person.

9. Proposer is not engaged in the provision of broadband Internet access service, or if at any �me Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155), and applicable Public U�lity Commission Rules and will remain in compliance throughout the term of the Purchase Order.

10. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

https://oregon.public.law/statutes/ors_305.620 https://oregon.public.law/statutes/ors_chapter_316 https://oregon.public.law/statutes/ors_chapter_317 https://oregon.public.law/statutes/ors_chapter_318 https://oregon.public.law/statutes/ors_200.055 https://oregon.public.law/statutes/ors_279A.112 https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://oregon.public.law/statutes/ors_652.220

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a. The “Specially Designated Na�onals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:

htps://www.treasury.gov/ofac/downloads/sdnlist.pdf, or

b. The government wide exclusions list in the System for Award Management found at:

htps://www.sam.gov/portal/

11. Proposer cer�fies that, to the best of its knowledge, there exists no actual or poten�al conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or rela�ng in any way to, the subject mater of the RFQ. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly no�fy AGENCY in wri�ng.

12. Proposer cer�fies that all contest of the Quote (including any other forms or documenta�on, if required under this RFQ) and this Cer�fica�on Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

13. Proposer understands that any statement or representa�on it makes, in response to this RFQ, if determined to be false or fraudulent, a misrepresenta�on, or inaccurate because of the omission of material informa�on could result in a “claim” {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Purchase Order being a “false claim” {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabili�es or penal�es associated with the making of a false claim under that Act.

14. Proposer acknowledges these cer�fica�ons are in addi�on to any cer�fica�ons required in the Price Agreement and the Purchase Order at the �me of Purchase Order execu�on.

Authorized Signature Date:

Printed Name and Title:

https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/ https://oregon.public.law/statutes/ors_180.750 https://oregon.public.law/statutes/ors_180.750 https://oregon.public.law/statutes/ors_180.750 https://oregon.public.law/statutes/ors_180.785

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ATTACHMENT A - EXAMPLE PURCHASE ORDER

State of Oregon

PURCHASE ORDER (PO) NO.

Agency

PO Date

Delivery Date

Bid Number

Requisi�on No.

Contractor Name and Address

Bill To

Contractor FEIN BPO/Contract Number Agency Contact/Phone

Ship To

FOB

Terms

Item Descrip�on Quan�ty U/M Unit Price Extended Amt.

Special Terms and Condi�ons:

This Purchase Order and the State of Oregon terms and condi�ons as atached cons�tute the en�re agreement between the par�es. There are no other understandings, agreements or representa�ons, oral or writen.

Sub Total

Freight

Total

Authorized Agent:

Approved Date:

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STATE OF OREGON – TERMS AND CONDITIONS

1. DELIVERY: Deliveries will be F.O.B des�na�on. Contractor shall pay all transporta�on and handling charges. Contractor is responsible and liable for loss or damage un�l final inspec�on and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warran�es following acceptance of the Goods.

2. INSPECTIONS: Agency may inspect and test the Goods and related Services (collec�vely, “Goods”). Agency may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as nego�ated.

If Contractor does not cure any defects within a reasonable �me, Agency may reject the Goods and cancel the PO in whole or in part. This paragraph does not affect or limit Agency's rights, including its rights under the Uniform Commercial Code, ORS chapter 72 (UCC).

3. PAYMENT: Agency will pay Contractor within 30 days from the date the Goods are delivered and accepted, and any applicable invoice is received. Payments are subject to ORS 293.462.

4. REPRESENTATIONS AND WARRANTIES: Contractor represents and warrants that: (a) Unless otherwise agreed, the Goods are new, current, and fully warranted by the manufacturer and Contractor shall transfer all warran�es to the State; (b) The Goods will comply with specifica�ons and be free from defects in labor, material, and manufacture; (c) Contractor shall comply with the tax laws of this state and all poli�cal subdivisions; and (d) Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State. All UCC implied and expressed warran�es are incorporated in this PO.

5. TERMINATION: (i) Agency may terminate this PO at any �me with writen no�ce to Contractor. Upon receipt of the writen no�ce, Contractor shall stop performance, and Agency shall pay Contractor for Goods delivered and accepted. (ii) Agency may terminate this PO at any �me via writen no�ce if Agency fails to receive funding, appropria�ons, or other expenditure authority. (iii) Agency may terminate this PO for cause with writen no�ce to Contractor, if Contractor breaches any PO provision, including the representa�ons and warran�es related to liquidated and delinquent debt, or is declared insolvent,

(iv) Agency may terminate this PO, if Contractor fails to comply with the tax laws of this state or any poli�cal subdivision of this State.

6. REMEDIES: Agency may, at Agency’s op�on, pursue any or all of the remedies available under this PO and at law or in equity, including, but not limited to: (i) Termina�on; (ii) Suspension of any related Services (provided, however, Agency may be liable to Contractor for demobiliza�on or remobiliza�on costs); (iii) Withholding payment of any or all amounts; (iv) Ini�a�on of an ac�on or proceeding for damages, specific performance, declaratory or injunc�ve relief; or (v) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to the State’s setoff right, without penalty. These rights and remedies are cumula�ve to the extent the remedies are not inconsistent and are in addi�on to any other remedies available at law or in equity. Agency may pursue any remedy or remedies singly, collec�vely, successively or in any order whatsoever.

7. INDEMNIFICATION: Contractor shall indemnify, defend, and hold harmless the State and its agencies, their divisions, officers, employees, and agents, from all claims, suits or ac�ons of any nature arising out of or related to the ac�vi�es of Contractor, its officers, subcontractors, agents or employees under this PO. This includes any defects in design, manufacture, materials, or workmanship in any Goods manufactured, sold, or distributed by Contractor, and any failure of such Goods to perform as intended or adver�sed, including claims for personal injury, property damage, or economic loss arising a�er the sale or distribu�on of such Goods.

8. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by Oregon law, without giving effect to its conflict of law provisions. Any claim, ac�on, suit, or proceeding between the State and Contractor that relates to this PO (Claim) must 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 must be heard exclusively in the US District Court for the District of Oregon. Contractor hereby consents to the in personam jurisdic�on of these courts. Neither this sec�on nor any other provision of this PO is a waiver by the State of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Cons�tu�on, or other immunity, from any Claim or consent to the jurisdic�on of any court.

9. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. Agency may terminate this PO without liability to Contractor upon writen no�ce a�er determining the delay or default reasonably prevents performance of this PO.

10. INTENDED BENEFICIARIES. The State of Oregon and Contractor are the only par�es to this PO and are the only par�es en�tled to enforce this PO. Nothing in this Contract gives any benefit or right to any third persons.

11. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, transfer, or subcontract rights or delegate responsibili�es under this PO in whole or in part, without the prior writen approval of Agency. This PO’s provisions are binding upon and inure to the benefit of the par�es to the PO and their respec�ve successors and assigns.

https://oregon.public.law/statutes/ors_293.462

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12. ACCESS TO RECORDS: Contractor shall maintain all records rela�ng to Contractor’s performance (“Records”) for six (6) years from termina�on or as otherwise required. Contractor shall maintain all accoun�ng records rela�ng to this PO according to Generally Accepted Accoun�ng Principles (GAAP) and the Governmental Accoun�ng Standards Board (GASB). Contractor shall grant the State and its agencies, the Secretary of State Audits Division, the federal government, and their duly authorized representa�ves’ access to the Records, including reviewing, audi�ng, copying, and making transcripts.

13. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all applicable federal, state and local laws, regula�ons, execu�ve orders, and ordinances, including as amended (“Rules”), inclusive of: (i) Titles VI and VII of Civil Rights Act of 1964;

(ii) Sec�ons 503 and 504 of the Rehabilita�on Act of 1973; (iii) the Americans with Disabili�es Act of 1990; (iv) Execu�ve Order 11246; (v) The Age Discrimina�on in Employment Act of 1967, and the Age Discrimina�on Act of 1975; (vi) The Vietnam Era Veterans’ Readjustment Assistance Act of 1974; (vii) ORS Chapter 659; (viii) ORS 279B.020, and 279B.270; (ix) all other applicable requirements of federal and state civil rights and rehabilita�on statutes, rules and regula�ons; (x) all federal and state laws governing the handling, processing, packaging, storage, labeling, and delivery of food products; and (xi) all regula�ons and administra�ve rules established pursuant to the foregoing laws. Agency’s performance is condi�oned 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.

14. INSURANCE: Contractor shall obtain and maintain the following insurance coverages: (i) Workers’ Compensa�on: Contractor shall provide and maintain required workers’ compensa�on coverage in compliance with ORS 656.017, unless exempt under ORS 656.126(2). Contractor shall ensure that its subcontractors, if any, comply with these requirements. If Contractor is an employer subject to any other state’s workers’ compensa�on law, Contactor shall provide workers’ compensa�on insurance coverage for its employees as required by applicable workers’ compensa�on 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. (ii) Commercial General Liability: Contractor shall provide and maintain insurance covering bodily injury and property damage, writen on an occurrence basis in an amount of not less than $1,000,000 per occurrence. This insurance must include personal and adver�sing injury liability, products and completed opera�ons, contractual liability coverage for the indemnity provided under this PO. (iii) Automobile Liability: Contractor shall provide and maintain insurance with a combined single limit of not less than $1,000,000 for each accident for bodily injury and property damage, for owned, hired and non-owned vehicles, as applicable. The policy(ies) must name the State of Oregon as addi�onal insured.

15. SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that the Goods comply with all federal and Oregon safety and health requirements.

16. SAFETY DATA SHEET: Contractor shall provide Agency with a Safety Data Sheet for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal condi�ons of use (OAR 437- 002-0360 and 29 CFR 1910.1020).

Contractor shall label, tag, or mark such Goods.

17. SUSTAINABILITY AND RECYCLABLE PRODUCTS: Contractor shall minimize environmental impacts of products to the maximum extent feasible in performance of the PO, including lowering the amounts of embodied carbon and other greenhouse gas emissions, minimizing waste, using energy and water efficiently, fostering habitat and ecosystem restora�on and resiliency, minimizing deple�on of natural resources, and reducing toxic contamina�on. Contractor also shall use recycled and recyclable products to the maximum extent economically feasible in the performance of the PO. These products include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plas�c resin products.

18. AMENDMENTS: In order to be effec�ve, any amendment to this PO must be by writen agreement of the par�es.

19. SEVERABILITY: If a court of competent jurisdic�on declares any provision of this PO to be invalid, the other provisions and the rights and obliga�ons of the par�es remain in effect.

20. 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.

21. 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 Corpora�on Division all informa�on required by those agencies rela�ve to this PO. Agency may withhold final payment under this PO un�l Contractor has met this requirement.

22. TAX CERTIFICATION: Contractor hereby cer�fies under penalty of perjury: (i) The number shown on this form is the correct Federal Employer Iden�fica�on Number; (ii) Contractor is not subject to backup withholding because (a) it is exempt from backup withholding, (b) it has not been no�fied by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has no�fied Contractor that it is no longer subject to backup withholding; and

(iii) Contractor complies with and is not in viola�on of any Oregon tax laws.

https://oregon.public.law/statutes/ors_279B.220 https://oregon.public.law/statutes/ors_279B.225 https://oregon.public.law/statutes/ors_279B.230 https://oregon.public.law/statutes/ors_279B.235 https://oregon.public.law/rules/oar_437-002-0360 https://oregon.public.law/statutes/ors_279A.010