Docstoc

RFP Hematology Analyzer Final

Document Sample
RFP Hematology Analyzer Final Powered By Docstoc
					   In compliance with the Americans with Disabilities Act, this document is
    available in alternate formats such as Braille, large print, audiotape, oral
 presentation and electronic format. To request an alternate format, please send
    an e-mail to DHS.Forms@state.or.us or contact the Office of Document
           Management at 503-378-3486, and TTY at 503-378-3523.

                                                  State of Oregon
                                          Department of Human Services
                                              Oregon State Hospital
                                          Office of Procurement Services

                       LABORATORY
     MULTI-PARAMETER AUTOMATED HEMATOLOGY ANALYZER
                                 REQUEST FOR PROPOSALS (RFP) #3138




Date of Issuance:            September 9, 2010
Proposals Due by:            2:00 P.M. Pacific Time, September 30, 2010 at the issuing
                             office in Bldg 29 Room 113.
Postmarks and faxes will not be considered.
Proposal Public Opening:     2:15 P.M. Pacific Time, September 30, 2010 at issuing office in
                             Bldg 29 Room 113.

Issuing Office:               Oregon State Hospital Procurement Services
Contact Name:                 Lesley G. Erickson, OPBC, OCAC
Address:                      2600 Center Street NE
                              Salem, Oregon 97301
Phone (voice):                503-945-2832
Phone (fax):                  503-945-2833
E-mail:                       lesley.g.erickson@state.or.us




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                          Page 1 of 74
Table of Contents


1.        Introduction.......................................................................................................................3
2.        Background .......................................................................................................................3
3.        Minimum Qualifications...................................................................................................5
4.        RFP Overview...................................................................................................................6
5.        Scope of Work ..................................................................................................................6
6.        Statement of Work ............................................................................................................6
7.        Solicitation Responsibilities..............................................................................................9
8.        Proposal Requirements ...................................................................................................11
9.        Protest of RFP .................................................................................................................15
10.       Modification or Withdrawal of Proposals.......................................................................15
11.       Proposal Evaluations.......................................................................................................16
12.       Final Selection and Award..............................................................................................18
13.       Award Notice ..................................................................................................................19
14.       Protest of Award .............................................................................................................19
15.       Disqualification...............................................................................................................19
16.       Contract Document – Terms and Conditions..................................................................19
17.       Contract Period ...............................................................................................................20
18.       Contractual Obligation....................................................................................................20
19.       Reservation of OSH Rights.............................................................................................20
20        Cost of Proposals ............................................................................................................21
21        Statutorily Required Preferences ....................................................................................21
22.       Release of Information....................................................................................................21
23.       Public Information ..........................................................................................................22
Attachment 1 – Proposal Cover Sheet ........................................................................................23
Attachment 2 – References .........................................................................................................24
Attachment 3 – Cost Proposals ...................................................................................................25
Attachment 4 - Form of Contract................................................................................................27
      Exhibit A Insurance Requirements .................................................................................47
      Exhibit B Contractor Data and Certification ..................................................................51
      Exhibit C Peripheral Agreements ...................................................................................53
      Exhibit D OSH Supplemental General Provisions .........................................................54



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                                                   Page 2 of 74
1.        Introduction
The State of Oregon Department of Human Services, Oregon State Hospital (OSH) requests
proposals from qualified individuals or firms hereinafter “Proposers,” to provide a multi-
parameter hematology analyzer (Hematology Analyzer) for the OSH Laboratory.

All persons or firms submitting proposals are referred to as Proposers in this Request for
Proposals (RFP); after execution of a contract, the awarded Proposer will be designated as
Contractor.
2.        Background
          a.        Definitions
          For purposes of this RFP and the resulting contract, the terms below shall have the
          following meanings:
          (1)       “Addendum” or “Addenda” means an addition or deletion to, a material change
                    in, or general interest explanation of the RFP. Addendum or Addenda shall be
                    labeled as such and shall be made available to all interested Proposers in
                    accordance with the OAR 137-047-0430 (2).
          (2)       “Agency” means the State of Oregon acting by and through its Department of
                    Human Services, Oregon State Hospital.
          (3)       “Contractor Intellectual Property” means any intellectual property owned by
                    Contractor and developed independently from Services.
          (4)       “Day” means calendar day unless specified otherwise.
          (5)       “Effective Date” means the date on which the Contract is fully executed and
                    approved in accordance with applicable laws, rules and regulations.
          (6)       “F.O.B. Destination” means the price of the goods includes all transportation and
                    handling charges, unless specified otherwise in the solicitation document.
                    Responsibility and liability of loss or damage remains with the Contractor until
                    final inspection and acceptance when responsibility passes to OSH except as to
                    latent defects, fraud and Contractor’s warranty obligations.
          (7)       “Goods” means all supplies, equipment, materials, personal property, including
                    any tangible, intangible and intellectual property and rights and licenses in
                    relation thereto, and combinations of any of the items required to be provided by
                    Contractor under the Contract.
          (8)       “Goods and Services” or “Goods or Services” includes combinations of any of the
                    items identified in the definitions of “Goods” and “Services.”
          (9)       “Open Source Elements” means any Work Product subject to any open source
                    initiative certified license, including Work Product based upon any open source
                    initiative certified licensed work.
          (10)      “Proposal” means the Proposer’s written offer in response to this RFP, including
                    all necessary attachments and information required to be submitted prior to award.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 3 of 74
          (11)      “Proposal Closing” means the date and time set in the RFP for Proposal
                    submission, after which Proposals may not be submitted, modified, or withdrawn
                    by Proposer.
          (12)      “Proposal Opening” means the same date and time set for Proposal Closing,
                    unless otherwise specified in the RFP.
          (13)      “Proposer” means the person or other legal entity that submits a Proposal in
                    response to an RFP.
          (14)      “Request for Proposal” or “RFP” means the entire solicitation document,
                    including all parts, sections, exhibits, attachments, Addenda, and all matter
                    incorporated by reference.
          (15)      “Responsible Proposer” means an entity that has submitted a Proposal and meets
                    the standard set for in OAR 137-047-0640(1)(c)(H) and that has not been
                    disqualified by OSH under OAR 137-047-575.
          (16)      “Responsive Proposal” means a Proposal that substantially complies with
                    applicable solicitation procedures and requirements of the solicitation document.
          (17)      “Services” means all work required to be performed by Contractor under the
                    Contract incidental to the purchase of Goods.
          (18)      “Specifications” means the specific attribute of the Goods to be purchased and
                    incidental Services to be provided, if any.
          (19)      “State” means the State of Oregon and its boards, commissions, departments,
                    institutions, branches, and agencies.
          (20)      “Statement of Work” means any description of the physical or functional
                    characteristics, or of the nature of a supply, service or construction item, including
                    any requirement for inspecting, testing, or preparing a supply, service or
                    construction item for delivery and the quantities or qualities of materials to be
                    furnished under the Contract. Statement of Work generally will state the result to
                    be obtained and may, on occasion, describe the method and manner of doing the
                    Work to be performed.
          (21)      “Third Party Intellectual Property” means any intellectual property owned by
                    parties other than OSH or Contractor.
          (22)      “Work” includes all labor, material and services required to complete a Good.
          (23)      “Work Product” means all Goods and Services Contractor delivers or is required
                    to deliver to OSH pursuant to this Contract.
          (24)      “Written” or “Writing” means conventional paper documents, either manuscript
                    or printed, in contrast to spoken words. It also covers electronic transmissions or
                    facsimile documents when permitted by the RFP or Contract.
          b.        Overview
                    Department of Human Services (DHS), Oregon State Hospital (OSH) is Oregon’s
                    primary mental health treatment provider with two treatment facilities. OSH
                    houses approximately 92 patients in the Portland campus of the facility and


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 4 of 74
                    approximately 580 patients on the Salem campus. Portland patients are almost
                    exclusively involuntary civil commitments. Salem patients are mostly
                    involuntary civil commitments through the criminal courts as either unfit to stand
                    trial or having been found guilty of crimes but, because of their mental illness,
                    were found not criminally responsible. Remaining patients in Salem are civil
                    commitments, some of whom have geriatric and/or neuro-psychiatric issues. Both
                    facilities are high security operations.
                    The Portland facility utilizes approximately 135 staff consisting of psychiatrists,
                    psychologists, social workers, nurses, certified nurse’s aids and miscellaneous
                    service staff. The Salem campus has a total staff of approximately 1,280 of
                    generally the same staffing configuration as the Portland facility.
                    In both facilities, buildings consist of multiple wards, each of which
                    accommodates between 20 and 45 patients. Treatment occurs in designated
                    centralized treatment malls, as well as on the residential units.
                    The Oregon legislature has authorized the planning and construction of a new 620
                    bed facility to replace the buildings on the Salem campus. The first phase of the
                    new facility is to come on line in mid-2010 with final construction and full
                    occupancy by 2011.
                    Projected for 2013 is completion of an additional new state 300-bed behavioral
                    health hospital in Junction City, Oregon. Current plans call for the Salem facility
                    to serve as the central laboratory for both facilities.
                    At this time OSH is implementing an electronic health records (EHR) system
                    (Avatar) to better support patient care. The equipment acquired under this RFP for
                    the diagnostic tests of blood and its constituent parts will replace an existing
                    system and complement the new laboratory information system Orchard Harvest
                    by Orchard Software.

3.        Minimum Qualifications
          To propose on this RFP, a Proposer must meet all of the following requirements:
          a.        Demonstrate that Proposer meets the “responsible Proposer” requirements
                    identified in Oregon Revised Statutes (ORS) 279B.110 and Oregon
                    Administrative Rules (OAR) 137-047-0500. The statute and rule can be
                    viewed through the following respective websites:
                    http://www.leg.state.or.us/ors/279b.html.
                    http://arcweb.sos.state.or.us/rules/OARS_100/OAR_137/137_047.html
          b.        Proposer must be registered to do business in the State of Oregon with the
                    Oregon Secretary of State, Corporation Division, Business Registry
                    available at http://www.filinginoregon.com/ before the Effective Date of
                    the Contract.
          c.        Proposers must provide a Proposal that significantly complies with the
                    RFP content detailed in Proposal Requirements including the form,
                    format, and content as described in Section 8, as well as meeting
                    mandatory qualifications (if any).


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                    Page 5 of 74
4.        RFP Overview
          a.        Estimate of Purchases: The quantities indicated in this RFP are an estimate only.
                    Larger or smaller quantities of goods may be purchased. OSH does not imply or
                    guarantee that the estimated amounts or any amount will be purchased during the
                    term of any contract resulting from this RFP.
          b.        Procurement Authority: OSH is conducting this RFP pursuant to its authority
                    under ORS 179.040.
5.        Scope of Work
          This RFP is a request for specific equipment for multi-parameter automated hematology
          analysis. Proposals should address all of the work to be performed to complete the
          planning and implementation phases associated with the proposed Hematology Analyzer.
          This will include complete system information as requested in the RFP, methodology to
          accomplish staff training, and a system implementation work plan. The proposed system
          should maximize the safety and efficiency of diagnostic tests.
6.        Statement of Work
          Proposer will propose a Hematology Analyzer and provide specific information in
          response to the following specifications.
          a.        Minimum Requirements:
                    (1)       The Proposer will deliver a Hematology Analyzer that is complete and
                              ready to use with the following components:
                              (a)       printer,
                              (b)       touch-screen monitor,
                              (c)       bar code reading capability,
                              (d)       Microsoft Windows based operating system,
                              (e)       laser testing technology.
                    (2)       System must:
                              (a)       be able to perform a CBC (complete blood count) with five
                                        (5) part differential analysis using optical readings.
                              (b)       perform optical platelet analysis.
                              (c)       have retic analysis capability.
                              (d)       be capable of performing remote troubleshooting
                                        diagnostics.
                              (e)       have customizable decision rules with 100 different rules
                                        available and 48 different annotations.
                              (f)       have full on-board quality control: summary statistics and
                                        Levey-Jennings® plots, moving averages including WBC
                                        differential and Westgard rules.



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 6 of 74
                              (g)       have a throughput for CBC differential of 50 samples per
                                        hour.
                              (h)       have a sample volume for autoloader of 250 uL. Sample
                                        volume minimum in open mode is 150 uL and sample
                                        volume minimum in closed mode is 230 uL.
                              (i)       have a load up capacity (number of tubes that can be put
                                        into the Hematology Analyzer) of 40 tubes.
                              (j)       have a programmable work load list.
                              (k)       have an on-line auto-calibration wizard.
                              (l)       have internal sample bar code reader with no specific label
                                        alignment needed in rack.
                              (m)       have programmable action limits for patients and test
                                        results. System must store a minimum of 10,000 test
                                        results.
                              (n)       be capable of storing patient demographics.
                              (o)       have the ability to interface with the new laboratory
                                        information system Orchard Harvest by Orchard Software
                                        that is a component of the EHR system currently being
                                        implemented by OSH.
                              (p)       have an on-line operations manual, an electronic
                                        maintenance log, and self-help videos.
                    (3)       New Equipment
                              All Goods shall be new, unused, and produced from current
                              production components when initially placed in service.
                    (4)       Standard Components
                              Unless superseded by the RFP, the Goods shall include all
                              components and accessories listed by the manufacturer as standard.
          b.        Costs for Reportable Tests
                    Proposer shall propose the cost for all reagents necessary for conducting
                    diagnostic tests of the blood and its constituent parts, even though certain
                    items may not be specifically described in the RFP. Cost Proposal will
                    specify the cost of any such reagents or other materials required to conduct
                    thirty (30) complete blood counts (CBCs) per day using the proposed
                    Hematology Analyzer for one (1) year. Proposed cost for reagents will
                    include transportation according to manufacturer’s requirements. Annual
                    cost of reagents in the Cost Proposal will be used for Proposal comparison
                    in the evaluation process.
                    NOTE: Actual price per unit for reagents will be negotiated with Proposer
                    before award of the Contract and will be included in the Contract as an



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                         Page 7 of 74
                    agreement on price for the term of the Contract. Intervals for delivery of
                    reagents will be negotiated with Contractor.
          c.        System Implementation
                    (1)       Proposed system implementation plan will begin a minimum of thirty (30)
                              calendars days following the Effective Date of the Contract and will
                              include a time line for the delivery, installation, and staff training. A final
                              implementation plan will result from collaborative discussions with the
                              OSH following execution of the Contract.
                    (2)       System implementation plan must include the services to be performed
                              during installation and a thirty (30) business day post installation support
                              period, at which time OSH may elect to reject or accept the Hematology
                              Analyzer (Acceptance). The 30-day post installation support period is in
                              addition to the one (1) year warranty.
                    (3)       System implementation plan will include development of a user manual to
                              provide the user step-by-step instructions for accomplishing tasks and
                              provide a coherent and logical structure (e.g., by functional processes,
                              logical work flows, etc.)
                    (4)       System implementation plan will include the development of operating
                              procedures that clearly document and assist OSH staff in administration of
                              the system. The operating procedures will provide an understanding of
                              system operations and performance. The procedures will address all
                              facets of the technical operation of the Hematology Analyzer including
                              user access management, process administrator configuration settings,
                              unique processing procedures, and report generation procedures.
                              Operating procedures will be revised with any changes resulting from
                              software upgrades or changes in equipment during the term of the
                              Contract.
          d.        Staff Training
                    (1)       The staff training plan will describe the methods proposed to develop and
                              deliver both training and related documentation. At a minimum the
                              training plan will describe the time frame in which training shall be
                              accomplished, the methods for training (e.g. classroom, distance learning,
                              Internet-based), and provide an overview of the training curriculum.
                    (2)       All essential resource requirements associated with training will be
                              identified, to include, at a minimum, the facilities and hardware or
                              software.
                    (3)       Training may include compliant web based training for OSH staff and all
                              authorized users.
          e.        Support Requirements
                    (1)       For one (1) year from date of Acceptance, the Hematology Analyzer and
                              applicable software shall perform in accordance with its published



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 8 of 74
                              documentation and the requirements and specifications of this RFP. (Such
                              warranty period will be included at no additional cost to OSH.)
                    (2)       Technical support, maintenance and software patches and version
                              upgrades available for purchase on an annual basis upon expiration of the
                              initial one (1) year warranty (Extended Warranty). Proposer shall describe
                              its ability to replace and or provide spare parts for routine maintenance or
                              troubleshooting of Hematology Analyzer. Proposer shall describe
                              Proposer’s replacement and or spare parts policies.
                    (3)       Unlimited telephone technical support available from 8:00 a.m. to 6:00
                              p.m., Pacific Time, Monday through Saturday.
                    (4)       Annual on-site system maintenance and system examination for the term
                              of the Contract. System is to be tested and any normal wear parts or other
                              parts will be examined and replaced under the Extended Warranty if
                              necessary to maintain optimal system performance.
                    (5)       Availability of on-site service by manufacturer’s certified staff within
                              forty-eight (48) hours’ notice by OSH.
                    (6)       For the term of the Contract, Contractor shall submit written requests to
                              change Goods or Services offered to OSH prior to implementing any
                              proposed changes. The written request shall set forth the reason for the
                              change, together with related pricing, if any, and the requested effective
                              date. If pricing is included in the change of Goods or Services, and the
                              change is approved by OSH, the pricing of new Goods or Services shall be
                              mutually agreed upon as stated in the Contract or contract amendment.
                              OSH reserves the right to accept or reject proposed Goods or Services
                              changes.
          f.        Delivery
                    (1)       For all Goods and components to be delivered, Proposer shall complete
                              delivery of Goods within thirty (30) calendars days following the Effective
                              Date of the Contract, or the issue date of an OSH purchase order.
                              Proposer will provide only the products that are awarded, and no
                              substitutions are allowed unless pre-approved by OSH.
                    (2)       All Goods and components shall be FOB Destination, including
                              backorders resulting from orders. FOB Destination is defined in Section
                              2.a.
          g.        Pursuant to ORS 279B.055(2) OSH requires that the Proposer meets the highest
                    standards prevalent in the industry or business most closely involved in providing
                    the appropriate Goods or Services.
7.        Solicitation Responsibilities
          a.        Pre-proposal Questions Relating to This RFP:
                    Questions about this RFP document, including specifications, Contract terms and
                    conditions, or the solicitation process must be submitted in writing (email, postal,


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                      Page 9 of 74
                    or facsimile) to the SPC. Questions are due on September 20, 2010, by 2:00 PM
                    Pacific Time. Faxes are acceptable (include Proposer fax number) and must be
                    received by the SPC by the date and time specified in section c below.
                    Notification of any substantive clarifications provided in response to any question
                    will be provided and published at the ORPIN web site below. For complete RFP
                    documentation Proposers should go to the ORPIN web site:
                    http://orpin.oregon.gov/open.dll/welcome and view RFP #3138.
                    OSH will not automatically mail copies of any addenda or answers but will
                    publish Addenda and Questions and Answers on ORPIN. Addenda and Questions
                    and Answers may be downloaded off ORPIN. Proposers are responsible to
                    frequently check ORPIN until date of RFP Closing.
          b.        Single Point of Contact (SPC):
                    Oregon State Hospital, Office of Procurement Services
                    Lesley G. Erickson, OPBC, OCAC
                    2600 Center Street NE
                    Salem Oregon 97301
                    Telephone: (503) 945-2832
                    Fax: (503) 945-2833
                    E-Mail: lesley.g.erickson@state.or.us
          c.        Timeline for RFP and Proposal Submission
                    RFP Opens ...................................................................... September 9, 2010
                    RFP Questions Due...............September 20, 2010, 2:00 P.M. Pacific Time)
                    RFP Answers Returned (approximately) ...................... September 23, 2010
                    RFP Closes. Proposals Due September 30, 2010 2:00 P.M. (Pacific Time)
                    Public Opening ....................... September 30, 2010 2:15 P.M. Pacific Time
                    Public Opening Location ....................... Issuing Office, Bldg 29 Room 113
                    Notice of Intent to Award (estimated))................................October 7, 2010
                    Estimated Contract Start Date ...........................................October 15, 2010
                    Estimated Contract End Date ............................................October 14, 2015
          d.        Proposal Due Date and Public Opening
                    (1)       The Office of Procurement Services must receive Proposals by the date
                              and time specified in Section c. “Timeline for RFP and Proposal
                              Submission”. All proposals must be delivered to the issuing office no
                              later than 2:00 PM Pacific Time on September 30, 2010:
                    (2)       Proposals must be submitted in a sealed package addressed as shown
                              above with the name of the SPC and RFP #3138 visible on the outside of
                              the package.
                    (3)       Proposals shipped must be addressed to the SPC.



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                                    Page 10 of 74
                    (4)       Hand delivery of proposals is optional. Hand delivered proposals must be
                              received at the Office of Procurement Services by the date and time
                              specified in section c. All Proposals hand-delivered must have a
                              completed receipt of delivery, which will be provided at the time of
                              delivery.
                    (5)       Proposals received after closing date and time are late and will not be
                              evaluated. Postmarks, faxed, and electronic Proposals will not be
                              considered.
                    (6)       Proposal Public Opening: September 30, 2010, 2:15 PM Pacific Time, at
                              issuing office in Building 29 Room 113.
                              In accordance with ORS 279B.060(5)(a) and OAR 137-047-0450 a public
                              opening will be held on the date and time, and at the location, as stated in
                              sub-section (6), unless changed by addendum. The Proposals received
                              will not be opened except to identify Proposer if the Proposer's name is
                              not otherwise identifiable. Only the name of the Proposer will be read at
                              the opening, no other information will be made available at that time.
                              Proposals received will not be available for inspection until after the
                              notice of intent to award is issued or this RFP is cancelled.
8.        Proposal Requirements:
          Proposals must be submitted using only 8 ½" x 11" white paper. Proposals should be
          typed but without extensive art work, unusual printing or other materials not essential to
          the utility and clarity of the Proposals. An original, signed in ink and bound, and six (6)
          bound copies of the Proposal must be submitted. Bound copies will be in three-ring
          binders. Submissions in response to this RFP must be in the form of a Proposal Package
          containing the Proposal and all required supporting information and documents, and must
          be contained in a sealed package addressed to the SPC and clearly marked "PROPOSAL
          TO RFP #3138." A representative authorized to bind the Proposer must sign the Proposal
          in ink. Failure of the authorized representative to sign the Proposal will subject the
          Proposal to rejection by OSH.
          Proposals must address all Proposal and submission requirements set forth in this RFP,
          and must describe how the Goods and Services will be provided. Proposals that merely
          offer to provide services as stated in this RFP will be considered non-responsive to this
          RFP and will not be considered further.
          Proposals will be evaluated on overall quality of content and responsiveness to the
          purpose and specifications of this RFP. Only those Proposals that include complete
          information as required by this RFP will be considered for evaluation.
          a.        Proposal Requirements and Responses:
                    General Requirements. All Proposals shall include the items listed in this section.
                    All materials should be in the order listed below. Page limits are noted, when
                    relevant, and assume single-spaced lines. Unless otherwise specified, no
                    particular form is required.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 11 of 74
                    (1)       Proposal Cover Sheet. Complete all sections of the Proposal Cover Sheet
                              (Attachment 1) including signature from the authorized representative.
                              This page must be included as the top page of the Proposal package.
                    (2)       Independent Contractor Status: Proposers must meet the requirements for
                              Independent Contractor Status as defined in Oregon Revised Statutes
                              (ORS 316, 656, 657, 701).
                    (3)       Insurance: Proposer will describe their current insurance coverage for the
                              following types of insurance: Workers Compensation, Professional
                              Liability, and Commercial General Liability. If Proposer does not
                              currently possess insurance adequate to the coverage required under this
                              RFP, Proposer will be required to secure insurance as described in the
                              attached Contract prior to execution of the Contract. During the course of
                              the contract the Contractor will maintain insurance as indicated in the
                              contract terms and conditions.
                    (4)       Provide three (3) references from entities for whom you have provided
                              Goods or Services similar to those in this RFP. References shall be listed
                              on the Reference Sheet (Attachment 2). OSH reserves the right to
                              investigate the references and the past performance of any Proposer with
                              respect to its successful performance of similar goods or services,
                              compliance with specifications and contractual obligations, and its lawful
                              payment of suppliers, subcontractors, and workers. OSH may postpone
                              the award or execution of Contract(s) under this RFP in order to complete
                              its investigation.
          b.        Business Proposal Requirements:
                    Briefly describe Proposer’s experience with, and current strategies for, ensuring
                    that the Proposer conducts business in a fiscally responsible manner and remains
                    financially solvent through the proposed contract period. If Proposer is a
                    corporation (as opposed to an individual): identify the staff or board members that
                    have fiscal responsibilities; and include a copy of the Proposer’s last fiscal review
                    or audit, or, if the Proposer is a “new” business, include a copy of a business plan
                    completed within the last year.
                    Business Proposals shall not reference or identify cost information or rates.
                    Proposal Cover Letter. At a minimum, Business Proposal shall include a Cover
                    Letter, which includes the following:
                    (1)       Identifies the person(s) within the proposing firm:
                              (a)       Authorized to respond to inquiries regarding the Proposal
                                        submitted in response to this RFP;
                              (b)       Authorized to negotiate a Contract resultant of the RFP; and
                              (c)       Authorized to execute a Contract resultant of this RFP.
                    (2)       Summarizes interest in this RFP and understanding of the objectives.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                      Page 12 of 74
                    (3)       Confirms the Proposal includes the requirements of the RFP and all
                              ORPIN posted Addenda.
                    (4)       States the Proposer’s intent to be bound by its Proposal and the terms and
                              conditions of the RFP and the resulting Contract.
                    (5)       States that the information provided in the Proposal is true, accurate and
                              complete.
                    (6)       Identifies the Proposer’s:
                              (a)       Legal entity or business designation, e.g., sole proprietorship,
                                        limited partnership, partnership, limited liability company (LLC),
                                        S-corporation, P-corporation;
                              (b)       Registered business name as filed with the US Internal Revenue
                                        Service and the Oregon Secretary of State’s Corporation Division,
                                        if registered; and
                              (c)       Federal employer tax identification number.
                    (7)       To the extent applicable, include a copy of the Proposer’s registration,
                              pending registration or application with the Oregon Secretary of State to
                              register to do business in Oregon, or a statement of acknowledgment and
                              agreement the Proposer must be registered to do business in Oregon
                              before a Contract may be offered and Proposer’s agreement to submit such
                              application for registration, including the date of intention to submit the
                              application.
                    (8)       Signature of Authorized Representative. The Cover Letter shall be signed
                              by a representative of the Proposer authorized to bind the Proposer and
                              include such person’s name, title under which they are authorized to bind
                              the Proposer and date signed, company address and email address, fax and
                              telephone number. Failure to submit a Proposal that meets this
                              requirement or failure to sign the Proposal by an authorized representative
                              shall result in rejection of the Proposal.
                    (9)       Escalation Procedures. Proposer shall describe the complaint escalation
                              procedure for OSH when problems arise under any Contract resulting
                              from the RFP, or when OSH rejects the Goods or Services ordered under
                              the Contract. Proposal should include contact names and phone numbers.
          c.        Technical Proposal Requirements
                    All Proposals shall include the items listed in this Section c. Technical Proposal
                    Requirements. All Proposal materials should be in the order listed below.
                    (1)       Project Implementation. Briefly describe how Proposer would carry out
                              the major activities of this project in context with the required
                              implementation plan and time lines, as described in Section 6 of this RFP.
                              Explain how Proposer will request changes in the implementation plan
                              activities or time lines.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                      Page 13 of 74
                    (2)       Products and Services. Summarize the goods and services you are
                              proposing, or include applicable customer product brochures, to meet the
                              requirement in Section 6 of this RFP. (Note: If using pre-existing
                              documentation to satisfy this requirement, Proposer will clearly reference
                              where it can be found in the Proposal Package.)
                              Proposers must specifically list the brand and model number(s) of the
                              Goods proposed. To verify that the proposed Goods meet or exceed the
                              quality, durability and performance of the brand specified, Proposers shall
                              include as part of their Proposals, specific technical literature which fully
                              explains the proposed Goods’ performance ratings and durability statistics,
                              including life expectancy.
                    (3)       Network Requirements.
                              Provide a description of the network requirements for the Hematology
                              Analyzer, including:
                              The network configuration and the identity of the components needed to
                              operate the Hematology Analyzer. The requirements include everything
                              necessary to make the Hematology Analyzer accessible by OSH users and
                              compatible with the Avatar EHR system and the Orchard laboratory
                              information system.
                    (4)       Post Acceptance Support
                              Describe the process for contacting support for trouble reporting and issue
                              resolution including:
                              (a)       Methods of contact.
                              (b)       Hours of Proposer’s support operation.
                              (c)       Description of Proposer’s support staff including skill levels,
                                        number of staff, etc.
                              (d)       Service levels including turn-around time for repairs or mean time
                                        for repair (MTR) thresholds.
                              (e)       Escalation process for trouble reporting and issue resolution.
                              (f)       Methods of communication or dissemination of information for
                                        users such as newsletters, user groups, etc.
                    (5)       Software Patches and Version Upgrades
                              (a)       How are system upgrades managed?
                              (b)       How is OSH notified of routine maintenance and upgrades and
                                        how far in advance of the activity?
                              (c)       What is the general process for system upgrades?
                              (d)       Will OSH be responsible for any additional fees associated with
                                        updates and/or upgrades?
          d.        Cost Proposal Requirements:


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 14 of 74
                    All cost information is to be limited to this section of the Proposal. The objective
                    of a separate cost section is to allow an accurate and objective appraisal of the
                    technical merits of each Proposal without regard to differences in cost between
                    the Proposers. Cost will not be the primary criterion in selecting a Proposer, but it
                    will be very important consideration and given points in the evaluation process.
                    (1)       Provide a detailed cost proposal substantially in the form of Attachment 3
                              Cost Proposal A – Buy Option that includes identifiable fixed costs for all
                              the Goods and Services contained in the Statement of Work.
                    (2)       Provide a detailed cost proposal substantially in the form of Attachment 3
                              Cost Proposal B – Lease Option that includes identifiable fixed costs for
                              all Goods and Services contained in the Statement of Work with a cost per
                              month lease for the Hematology Analyzer.
                    (3)       The Cost Proposals are to be sealed in a separate envelope from the other
                              Proposal sections.
                    (4)       All Proposers must submit a Cost Proposal for a Buy Option and a
                              separate Cost Proposal for a Lease Option.
          e.        Peripheral Agreements
                    Proposer must submit those terms and conditions from Proposer’s lease
                    agreements, maintenance contracts, technical support agreements and other
                    similar documents (Peripheral Agreements). OSH will only consider terms and
                    conditions contained in such Peripheral Agreements reasonably related to this
                    RFP and which supplement, and are not materially in conflict with, the terms and
                    conditions contained in Attachment 4 Form of Contract. It is OSH’s desire that
                    any Peripheral Agreements that Proposer desires to be included as part of the
                    Contract must be submitted as part of the Proposal. By accepting delivery of
                    these Peripheral Agreements, OSH is not bound to accept them as part of the
                    Contract, and the acceptability of these items shall be determined in consultation
                    with OSH’s legal counsel. OSH may reject the Proposal of any Proposer who
                    refuses to accept the terms and conditions approved by OSH with respect to these
                    Peripheral Agreements.
9.        Protest of RFP
          Subject to OAR 137-047-0730, any prospective Proposer may submit a protest of this
          RFP no later than ten (10) calendar days prior to the close of the RFP and the protest shall
          contain the following:
          a.        Sufficient information to identify the solicitation that is the subject of the protest;
          b.        The grounds that demonstrate how the procurement process is contrary to law or
                    how the solicitation document is unnecessarily restrictive, is legally flawed or
                    improperly specifies a brand name;
          c.        Evidence or supporting documentation that supports the grounds on which the
                    protest is based; and




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 15 of 74
          d.        The relief sought to include the desired changes which the Proposer believes will
                    remedy the conditions upon which the protest is based.
10.       Modification or Withdrawal of Proposals
          a.        Modifications. A Proposer may modify its Proposal in writing prior to the closing.
                    Any modification must include the Proposer's statement that the modification
                    amends and supersedes the prior Proposal. The Proposer must mark the
                    submitted modification “Proposal Modification RFP #3138,” and address the
                    modification to the attention of the SPC.
          b.        Withdrawals: A Proposer may withdraw its Proposal by written notice submitted
                    on the Proposer's letterhead, signed by an authorized representative of the
                    Proposer, delivered to the SPC. The Proposer must mark the written request to
                    withdraw “Proposal Withdrawal to RFP #3138.”
11.       Proposal Evaluation:
          Proposals must be complete at the time of submission and include the required number of
          copies. OSH will conduct a comprehensive and impartial evaluation of the proposals
          received. Proposals will be evaluated by a Review Panel selected by OSH. The Review
          Panel will evaluate the proposals and rank them according to the scoring system
          described below.
          Proposals must provide a concise description of the Proposer’s ability to satisfy the
          requirements of the RFP with emphasis on completeness and clarity of content.
          Evaluators will consider brevity and clarity of responses in scoring Proposals.
          All responsive proposals accepted will be impartially and objectively evaluated by a
          Review Panel chosen by OSH.
          Proposals will be scored on a scale of zero to 100 points. Maximum point values and
          evaluation criteria for each section are described below. Award, if one is made, will be
          made to the highest ranked responsive, responsible Proposer.
          Proposers to this RFP will be evaluated using the following criteria:
          a.        Pass/Fail Items
                    The items listed below will be scored on a pass/fail basis.
                    Proposal format and Proposal Package content
                    Proposal Cover Sheet and References
                    Insurance coverage description
                    Section 3 minimum qualification requirements
          b.        Evaluation Criteria, Scoring
                    (1)       General Requirements. Did the Proposer’s solution meet the general
                              requirements specified by OSH?
                              Maximum Score 10 points.
                    (2)       Business Proposal Requirements; Fiscal Stability. Did the Proposer
                              demonstrate the ability for sound fiscal policy either based on successful



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 16 of 74
                              completion of similar projects, successful audits, or a copy of a recent
                              business plan?
                              Maximum Score 10 points
                    (3)       Technical and System Requirements. How well has the Proposer
                              demonstrated knowledge, understanding and experience of service
                              delivery to provide the automated hematology analysis system that meets
                              the requirements of OSH? How well has the Proposer demonstrated a
                              thorough understanding of the purpose, scope and timelines to implement
                              the project? Do the products and services proposed meet the requirements
                              of Section 6?
                              Maximum Score 35 Points
                    (4)       Support and Maintenance. How well has the Proposer demonstrated a
                              thorough understanding of the post acceptance support and the
                              maintenance and upgrade needs of the project?
                              Maximum Score 30 Points
          c.        Cost Proposal Evaluation:
                    (1)       The Proposal with the lowest cost will not necessarily be selected. OSH
                              reserves the right to make this determination in the best interest of the
                              State and in accordance with Oregon Administrative Rules.
                    (2)       Cost points will be awarded based upon the total costs submitted for each
                              Cost Proposal. This total will be used to determine the application of
                              points for each Cost Proposal.
                    (3)       Cost Proposals will be awarded as a percentage of the cost points available
                              based on the percentage of the proposed cost as compared to the lowest
                              Proposer’s cost using the following formula:
                              (L/X) * Y = A
                              Where:
                                     L = Cost of the lowest proposed fixed price
                                     X = Cost of Proposal being scored
                                     Y = Total Points available
                                     A = Awarded points
                              Maximum Score 15 Points
                    (4)       Each Proposal must clearly meet the pass/fail criteria and address the
                              scored criteria. Evaluation factors and maximum points are presented
                              below.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 17 of 74
                                         PASS OR FAIL CRITERIA
           Proposal Format and Proposal Package Content                                   Pass   or   Fail
           Completed Proposal Cover Sheet and References                                  Pass   or   Fail
           Description of Insurance Coverage Included                                     Pass   or   Fail
           Minimum Qualification Requirements Met                                         Pass   or   Fail



                                                          SCORED CRITERIA
                                                                                                 Maximum
                                                                                                 Possible
                                                     Evaluation Criteria                          Score
           (1) General Requirements.                                                                10
           (2) Business Proposal Requirements; Fiscal Stability.                                    10
           (3) Technical and System Requirements.                                                   35
           (4) Support and Maintenance                                                              30

           Cost Proposals – Lease or Buy Option                                                        15
                                                                            TOTAL POINTS              100

12.       Final Selection and Award
          a.        Award, if one is made, will be made to the highest ranked Proposer.
          b.        Proposer ranking will be determined by the sum of its scores on the Scored
                    Criteria with the Lease Option and with the Buy Option. Upon review of the
                    ranked Proposals, OSH will determine whether to lease or buy the Hematology
                    Analyzer.
          c.        OSH will enter into negotiations with the highest ranked Proposer of the option
                    chosen with verifiable references.
          d.        References for the highest ranked Proposer may be contacted to verify that
                    Proposer has the skills and requirements that Proposer has included in its
                    Proposal.
          e.        OSH may choose to not award a Contract.
          f.        In the event that Contract negotiations with the highest ranked Proposer are not
                    successful within a reasonable time frame, OSH reserves the right to terminate
                    negotiations with the highest ranked Proposer, and negotiate with the next highest
                    ranked Proposer and so on, until successful negotiations are completed or OSH
                    decides to terminate all negotiations and cancel the solicitation. The
                    determination of what constitutes a reasonable time frame for purposes of this
                    paragraph shall be solely at the determination of OSH. This protocol will be
                    followed until a Contract has been signed.



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 18 of 74
          g.        If all Proposals are rejected, Proposers will be promptly notified.
13.       Award Notice
          The apparent successful Proposer shall be notified in writing and OSH will set the time
          lines for Contract negotiation.
14.       Protest of Award
          Every Proposer shall be notified of its selection status. A Proposer shall have seven (7)
          calendar days after the date of the notice of intent to award to submit a protest to OSH in
          writing, subject to OAR 137-047-0740, and shall specify the grounds for the protest , if:
          a.        The Proposer is adversely affected because the Proposer would be eligible to be
                    awarded the public contract in the event that the protest were successful; and
          b.        The reason for the protest is that:
                    (1)       All higher ranked Proposals are nonresponsive;
                    (2)       OSH has failed to conduct the evaluation of proposals in accordance with
                              the criteria or processes described in the RFP;
                    (3)       OSH has abused its discretion in rejecting the protestor’s Proposal as
                              nonresponsive; or
                    (4)       OSH’s evaluation of Proposals or subsequent determination of award is
                              otherwise in violation of ORS Chapter 279A or ORS Chapter 279B.
15.       Disqualification
          Any attempt by a Proposer to influence a member of the evaluation committee during the
          Proposal review and evaluation process will result in the elimination of that Proposer’s
          Proposal from consideration.
16.       Contract Document - Terms and Conditions
          a.        To be awarded a State of Oregon contract, Proposers must be registered in the
                    Oregon Procurement Information Network (ORPIN). If Proposer is not currently
                    registered in ORPIN, Proposer can link to the following website:
                    http://orpin.oregon.gov
          b.        All goods and services must be provided in accordance with the terms and
                    conditions of an awarded contract between the awarded Proposer and OSH. A
                    copy of the contract general terms and conditions including insurance
                    requirements are provided as an attachment to this opportunity.
          c.        The final Contract will be based on the Contract form, which is attached as
                    Attachment 4 to this RFP, and will include all exhibits and attachments identified
                    in the Contract, including this RFP and the successful Proposer’s Proposal. The
                    terms and conditions included in Attachment 4 Section 2 REQUIRED GOODS,
                    SERVICES, PRICING AND DELIVERY SCHEDULE are subject to negotiation.
                    Any changes to the remainder of the terms and conditions in Attachment 4 are
                    subject to negotiation and approval by the Oregon Department of Justice.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                    Page 19 of 74
17.       Contract Period
          a.        Initial term of the Contract shall be for the period approximately October 15, 2010
                    through October 14, 2015.
          b.        OSH may award additional contract periods to the Contractor without further
                    RFP, if OSH determines that the work performed has been satisfactory. The
                    additional periods of time will be by amendment to the original contract or by a
                    new contract written within the terms of this RFP for a possible total not to
                    exceed of eight (8) years. OSH reserves the right in any such amendment or new
                    contract to renegotiate and increase or decrease the price of any deliverable or the
                    payment rate for any deliverable to reflect market conditions at the time of such
                    amendment or new contract and also to include any deliverable or statement of
                    work which is within the terms of this RFP.
          c.        The amount(s) of any such possible amendment cannot be quantified at this time.
                    The method that OSH will use to finalize the details and costs of an amendment
                    will vary depending on the purpose of amendment and what statutory, historical
                    or event-driven occurrence results in the need for such an amendment. Such
                    finalization will be by negotiation between the parties. The above references are
                    not intended to limit the scope of any anticipated amendment but are illustrative
                    only.
          d.        Under no circumstances will the resultant contract, including all contract
                    amendments exceed $150,000.
18.       Contractual Obligation
          All Proposers who submit a Proposal in response to this RFP understand and agree that
          OSH is not obligated thereby to enter into an agreement with any Proposer and further,
          has absolutely no financial obligation to any Proposer.
19.       Reservation of OSH Rights
          OSH reserves all rights regarding this RFP, including, without limitation, the right to:
          a.        Amend or cancel this RFP without liability if it is in the best interest of OSH to do
                    so, in accordance with ORS 279B.100;
          b.        Reject any and all Proposals received by reason of this RFP upon finding that it is
                    in the best interest of OSH to do so, in accordance with ORS 279B.100;
          c.        Waive any minor informality with the provisions or procedures of this RFP;
          d.        Seek clarification of each Proposal;
          e.        Reject any Proposal that fails to substantially comply with all prescribed
                    procurement procedures and requirements;
          e.        Negotiate the statement of work within the scope of work described in this RFP;
          f.        Negotiate a final contract within the scope of work, terms of payment and
                    proposed budget described in this RFP and to negotiate separately in any manner
                    necessary to serve the best interest of OSH;


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                   Page 20 of 74
          g.        Extend, amend or negotiate any contract that is a result of this RFP;
          h.        Engage Contractor by selection or procurement for different or additional services
                    independent of this RFP process and any contracts or agreements entered into
                    pursuant hereto;
          i.        Enter into direct negotiations to execute a Contract with a responsive Proposer, in
                    the event that the Proposer is the sole Proposer to this RFP and OSH determines
                    that the Proposer satisfies the minimum RFP requirements. In the event that the
                    sole Proposer is not judged a qualified Proposer, then OSH reserves the right to
                    solicit other Proposers; and
          j.        Although price is a consideration when engaging a Proposer, the intent is to
                    provide OSH with a Proposer who has an appropriate level of specialized skill,
                    knowledge and resources. Qualifications, performance history, expertise,
                    knowledge and the ability to exercise sound professional judgment are primary
                    considerations in the selection process. The Proposer with the lowest cost will not
                    necessarily be awarded the contract. OSH reserves the sole right to make this
                    determination.
          k.        Reject any Proposal upon finding that to accept the Proposal may impair the
                    integrity of the procurement process or that rejecting the Proposal is in OSH’s
                    best interest.
20.       Cost of Proposals
          All costs incurred in preparing and submitting a Proposal in response to this RFP will be
          the responsibility of the Proposer and will not be reimbursed by OSH.
21.       Statutorily Required Preferences
          The following preferences and rules apply to this RFP:
          a.        Preference for Oregon Supplies and Services, pursuant to ORS 279A.120 and
                    OAR 137-046-0300 and 137-046-0310;
          b.        Preference for recycled materials, pursuant to ORS 279A.125 and OAR 137-
                    0246-0320; and
          c.        Performance within the state of public printing, binding and stationery work,
                    pursuant to ORS 282.210.
          d.        Proposers shall use recyclable products to the maximum extent economically
                    feasible in the performance of the Contract work set forth in this document.
                    Proposers must also comply with OAR 137-047-0260(2)(d).
22.       Release of Information
          No information shall be given to any Proposer (or any other individual) relative to their
          standing with other Proposers during the RFP process.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 21 of 74
23.       Public Information

          a.        All Proposals are public information after the Proposals have been opened, and all
                    protests are public information after the protest period ends. If any part of a
                    Proposal or protest is considered a trade secret, the Proposer shall, at the time of
                    submission, clearly designate that portion as confidential in order to obtain
                    protection, if any, from disclosure. See Oregon Revised Statutes 192.501(2) and
                    646.461 to 646.475. Application of the Oregon Public Records Law shall
                    determine if the confidential information claimed to be exempt is in fact exempt
                    from disclosure.
          b.        Any person may request copies of public information. However, copies of
                    Proposals will not be provided until the evaluation process has been completely
                    closed and an apparent successful Proposer has been selected. Requests for copies
                    of public information shall be in writing. Requestors will be charged according to
                    the current DHS policies and rates for public records requests in effect at the time
                    DHS receives the written request for public information. Fees, if applicable, must
                    be received by DHS before the records are delivered to the requestor.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 22 of 74
                                   ATTACHMENT 1 - Proposal Cover Sheet
                                         Proposer Information - RFP # 3138

Organization Name:
Primary Contact Person:                                                               Title:
Address:
City, State, Zip:
Telephone:                                                   Fax:
E-mail Address:
Name and title of the person(s) authorized to represent the Proposer in any negotiations and sign
any Personal Services Contract that may result:
Name:                                                                        Title:
By signing this page and submitting a Proposal, the official certifies that the following
statements are true:
1.        No attempt has been made or will be made by the Proposer to induce any other person or
          organization to submit or not submit a Proposal.
2.        Proposer does not discriminate in its employment practices with regard to race, creed,
          age, religious affiliation, sex, disability, sexual orientation or national origin, nor has
          Proposer or will Proposer discriminate against a subcontractor in the awarding of a
          subcontract because the subcontractor is a minority, women or emerging small business
          enterprise certified under ORS 200.055.
3.        Information and costs included in this Proposal shall remain valid for 90 days after the
          Proposal due date or until a contract is approved, whichever comes first.
4.        The statements contained in this Proposal are true and complete to the best of the
          Proposer’s knowledge and accepts as a condition of the contract, the obligation to comply
          with the applicable state and federal requirements, policies, standards, and regulations.
          The undersigned recognizes that this is a public document and open to public inspection.
5.        The Proposer acknowledges receipt of all addenda issued under this Procurement.
6.        If the Proposer is awarded a contract as a result of this RFP, the Contractor will be
          required to complete, and will be bound by, a contract as attached to this RFP and found
          on the ORPIN website. At the time of signing the contract with OSH the Contractor will
          be required to provide their Federal Employer Identification Number (FEIN) or Social
          Security Number (SSN) as applicable to OSH.
7.        Pursuant to ORS 279B.055 (2) the contractor agrees to meet the highest standards
          prevalent in the industry or business most closely involved in providing the appropriate
          goods or services as stated in the scope of work.


Signature:                                                                            Date:
(Official Authorized to Bind Proposer)

             *** THIS PAGE MUST BE THE TOP PAGE OF THE PROPOSAL ***

RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                       Page 23 of 74
RFP #3138 Hematology Analyzer Final 2010 09 09.doc   Page 24 of 74
                                          ATTACHMENT 2 – References

Provide at least three references with telephone numbers (please verify numbers).
References must be able to verify the quality of your previous work in the proposed area of
work.

REFERENCE No. 1:
Organization Name:                                                    Telephone:
__________________________________________________                    _______________________________

Contact Person:                                                       Fax:
__________________________________________________                    _______________________________

Project Title:                                                        Email:
__________________________________________________                    _______________________________

REFERENCE No. 2:
Organization Name:                                                    Telephone:
__________________________________________________                    _______________________________

Contact Person:                                                       Fax:
__________________________________________________                    _______________________________

Project Title:                                                        Email:
__________________________________________________                    _______________________________

REFERENCE No. 3:
Organization Name:                                                    Telephone:
__________________________________________________                    _______________________________

Contact Person:                                                       Fax:
__________________________________________________                    _______________________________

Project Title:                                                        Email:
__________________________________________________                    _______________________________




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                              Page 25 of 74
                                                             ATTACHMENT 3
                                                      COST PROPOSAL A – BUY OPTION
                                            PROPOSER MUST COMPLETE AND RETURN WITH PROPOSAL

                                                                                 EST.            UNIT      UNIT           TOTAL
 ITEM                                          DESCRIPTION                       QTY.            DESC.     PRICE      PRICE PER ITEM

1.           BUY OPTION: Self-contained, automated Hematology                      1              Lot
             Analyzer. Includes one (1) year (365 days) of service warranty,
             phone support and software license, and freight, shipping and                               $__________ $_________________
             handling (FOB Destination).


2.           On site installation, system implementation, staff training, user     1              Lot
             manuals, and operating procedures.                                                          $__________ $_________________


3.           Annual software license, technical support, maintenance,
             software patches and version upgrades, and one (1) annual             4             Year    $__________ $_________________
             onsite examination and system maintenance. (Annual cost for
             each year subsequent to warranty expiration.)


4.           Annual cost of reagents required for proposed Hematology              1             Year
             Analyzer based on 30 CBCs per day. Proposed price is                                        $__________ $_________________
             estimated for a twelve (12) month period and includes all
             reagents required for Proposer’s Hematology Analyzer to
             process an average 30 CBCs per day.



             TOTAL FOR ALL ITEMS                                                                                     $_________________




     RFP #3138 Hematology Analyzer Final 2010 09 09.doc                          Page 26 of 74
                                                                   ATTACHMENT 3
                                                           COST PROPOSAL B – LEASE OPTION
                                                 PROPOSER MUST COMPLETE AND RETURN WITH PROPOSAL

                                                                                       EST.     UNIT      UNIT             TOTAL
   ITEM                                              DESCRIPTION                       QTY.     DESC.     PRICE        PRICE PER ITEM

 1.               LEASE OPTION: Self-contained, automated Hematology
                  Analyzer. Includes one (1) year (365 days) of service warranty,
                  phone support and software license, and freight, shipping and                         $__________
                  handling (FOB Destination).


 2.               On site installation, system implementation, staff training, user       1      Lot
                  manuals, and operating procedures.                                                    $__________ $_________________


 3.               Per month lease price for Item 1.                                      12     Month   $__________ $_________________


 4.               Annual software license, technical support, maintenance,
                  software patches and version upgrades, and one (1) annual               4     Year    $__________ $_________________
                  onsite examination and system maintenance. (Annual cost for
                  each year subsequent to warranty expiration.)


 5.               Annual cost of reagents required for proposed Hematology                1     Year
                  Analyzer based on 30 CBCs per day. Proposed price is                                  $__________ $_________________
                  estimated for a twelve (12) month period and includes all
                  reagents required for Proposer’s Hematology Analyzer to
                  process an average 30 CBCs per day.



                  TOTAL FOR ITEMS 2, 3, 4 AND 5                                                                       $_________________


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                              Page 27 of 74
RFP #3138 Hematology Analyzer Final 2010 09 09.doc   Page 28 of 74
                                     ATTACHMENT 4 – Form of Contract

                                               STATE OF OREGON
                                              CONTRACT FOR THE
                                              PURCHASE OF GOODS
                                                  (“Contract”)

This Contract is between the State of Oregon (“State”), acting by and through the Department of
Human Services (“DHS”), Oregon State Hospital (“OSH”), and __________ ("Contractor").
This Contract is effective on the date it has been signed by all parties and all required State of
Oregon approvals have been obtained (“Effective Date”). This Contract expires on the later of
___[insert date]____, the date all warranties have expired or the date Contractor has completed
delivery of all Goods and Services in accordance with the requirements of this Contract, as
determined by OSH. The parties may extend the term of this Contract provided that the total
Contract term does not extend beyond ___[insert date or event]____.

Contractor agrees to sell, and OSH agrees to purchase, Goods and Services for the benefit of
OSH subject to the following terms and conditions:

1. DEFINITIONS.

       A. “Contractor Intellectual Property” means any intellectual property owned by Contractor
       and developed independently from Services.

       B. “Effective Date” means the later of (a) ______________ or (b) the date on which this
       Contract is fully executed and approved in accordance with applicable laws, rules and
       regulations.

       C. “Goods” means the goods specified in section 2.

       D. “IRS” means the Internal Revenue Service.

       E. “Open Source Elements” means any Work Product subject to any open source initiative
       certified license, including Work Product based upon any open source initiative certified
       licensed work.

       F. "Services" means the services, if any, that are incidental to the purchase of Goods and
       that Contractor is required to perform under section 2.

       G. "Specifications" means the specific attributes of Goods and Services described in
       section 3.

       H. “Third Party Intellectual Property” means any intellectual property owned by parties
       other than OSH or Contractor.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                              Page 29 of 74
       I. “Work Product” means all Goods and Services Contractor delivers or is required to
       deliver to OSH pursuant to this Contract.


2. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE.

     Contractor shall deliver to OSH the following Goods and Services for the prices specified in
     this section 2.

       A. GOODS.

            i. Description and Quantity: one (1) Hematology Analyzer with printer, touch screen
            monitor, and MS Windows operating system.

               Price:

            ii. Description and Quantity:

               Price:

            iii. Description and Quantity:

               Price:

            iv. Description and Quantity:

               Price:

       B. SERVICES.

            i. System Implementation.

            ii. Staff Training.

            iii. Support.

       C. DELIVERY.

            i. Contractor shall deliver Goods to OSH and shall perform Services, if any, at the
            following address: Oregon State Hospital Laboratory, 2600 Center Street NE, Building
            35, Salem, Oregon 97301.

            ii. Contractor shall deliver Goods F.O.B. place of destination. Contractor shall retain
            the risk of loss of Goods until OSH accepts Goods in accordance with section 4.D.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 30 of 74
            iii. Contractor shall deliver Goods pursuant to the provisions of the Lease Agreement
            attached hereto as Exhibit C and in accordance with the delivery schedule specified by
            OSH in writing.

            iv. Contractor shall complete all Services in accordance with the following delivery
            schedule:__________________________.

            v.     TRAINING DELIVERY SCHEDULE:
            Contractor will deliver training based on the training plan.

       D. PURCHASE ORDERS. Contractor shall accept purchase orders that:

            i. Contain the mandatory purchase order language;

            ii. Specify the quantity of Goods and Services ordered;

            iii. Specify a delivery schedule, if any;

            iv. Specify delivery location;

            v. Specify invoicing address;

            vi. Specify OSH’s Authorized Representative.

            Contractor shall only accept purchase orders that do not vary, amend, modify, or add
            Contract provisions other than changes to Authorized Representative, identification of
            Goods and Services and order quantities, optional Services, equipment and accessories
            offered under the terms of the Contract, delivery schedules in accordance with the
            terms of the Contract, delivery destination and invoicing address.

3. SPECIFICATIONS.

Contractor shall deliver all Goods and Services specified in section 2 in accordance with this
section 3. Contractor’s failure to deliver Goods and Services in accordance with the provisions
of this Contract is a material breach of this Contract.

       A. GENERAL PROVISIONS.

            i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory
            body or the manufacturer, or discovered by Contractor not to comply with applicable
            regulatory standards or the Specifications, Contractor shall immediately notify OSH of
            the recall or non-compliance, and shall provide copies of the recall notice or notice of
            non-compliance, as applicable, and all other supporting documentation for the recall or
            non-compliance determination. OSH may elect to (a) reject Goods in whole or in part,
            or (b) revoke its acceptance of Goods in whole or in part. If OSH rejects Goods or
            revokes its acceptance of Goods, Contractor shall remove the particular Goods from



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                               Page 31 of 74
            OSH’s possession as provided in section 4.D.iv at no cost to OSH and shall reimburse
            OSH for all payments made for those Goods.

            ii. STANDARD COMPONENTS. Unless specified otherwise in this section 3,
            Specifications, Contractor shall provide Goods with all components and accessories
            that the manufacturer lists as “standard” for Goods.

            iii. NECESSARY COMPONENTS. Unless specified otherwise in this section 3,
            Specifications, Contractor shall include all components, hardware and parts necessary
            for complete and proper assembly, installation and operation of Goods.

            iv. NEW AND UNUSED GOODS. Unless specified otherwise in this section 3,
            Specifications, Contractor shall deliver Goods that are new, unused and produced from
            current production inventory. Contractor shall provide Goods manufactured from only
            those components that the manufacturer offers in the manufacturer’s current parts
            catalogue for Goods.

       B. DETAILED SPECIFICATIONS.

       [CLEARLY DESCRIBE ALL SPECIFICATIONS FOR GOODS AND SERVICES]


4. TERMS AND CONDITIONS.

       A. PAYMENT.

            i. OSH’s Payment. OSH shall pay Contractor for Goods delivered and Services
            performed at the prices and rates specified in section 2. Contractor shall look solely to
            OSH for payment of all amounts OSH owes to Contractor. Contractor shall not be
            compensated by any agency or department of the State other than OSH for Goods
            delivered or Services performed.

            ii. If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then
            Contractor shall, upon execution of this Contract, deliver to OSH a completed and
            signed W-8 form, 8233 form, or W-9 form, as applicable, from the IRS, as evidence
            that OSH is not required by 26 USC 1441 to withhold part of Contractor's payment.
            Such forms are currently available at http://www.irs.gov. OSH may withhold payments
            to Contractor pending OSH's receipt from Contractor of the applicable, completed and
            signed form. If OSH does not receive the applicable, completed and signed form from
            Contractor, or if the IRS provides notice to OSH that Contractor's information on the
            form provided is incorrect, OSH will withhold as federal income tax 30% of all
            amounts OSH owes to Contractor under this Contract.

            iii. Funds Available and Authorized; Payments. Contractor understands and agrees
            that OSH’s payment of amounts under this Contract is contingent on OSH receiving
            funding, appropriations, limitations, allotments or other expenditure authority at levels



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 32 of 74
            sufficient to allow OSH, in the exercise of its reasonable administrative discretion, to
            make payments under this Contract.

       B. INVOICES.

            i. Contractor shall send invoices to OSH no more often than monthly after OSH’s
            acceptance in accordance with section 4.D of Goods delivered under this Contract.
            Contractor shall send invoices to OSH for completed Services no more often than
            monthly.

            ii. Contractor shall send all invoices to the OSH mailing address specified in
            subsection iv of this section B, or to any other address that OSH may indicate in writing
            to Contractor. Contractor shall include in each invoice:

                    a. The Solicitation number if any, the Contract number if any;
                    b. The quantity of Goods ordered, the quantity of Goods delivered, the date
                       Goods were delivered, the price per unit, if applicable;
                    c. A detailed description of Services performed, including the name or names of
                       the individuals who performed Services and prepared the deliverables to
                       which the invoice applies, the dates Services were performed, all deliverables
                       delivered during the period of the invoices, the rate or rates for Services
                       performed, and the total cost of Services
                    d. Itemization and explanation of all expenses for which Contractor claims
                       reimbursement authorized under this Contract; and
                    e. The total amount due and the payment address.

            iii. Contractor may assess overdue account charges to OSH on unpaid invoices only in
            accordance with ORS 293.462.

            iv. OSH mailing address for invoices:
                 Oregon State Hospital
                 Business Office
                 2600 Center Street NE
                 Salem, OR 97301

       C. MOST FAVORABLE PRICES AND TERMS.

       Contractor represents and warrants that all prices, terms and benefits offered by Contractor
       under this Contract are equal to or better than the equivalent prices, terms and benefits
       being offered by Contractor to any other state or local governmental entity or commercial
       customer.

            i. If during the term of this Contract Contractor enters any contract, agreement or
            arrangement that provides lower prices, more favorable terms or greater benefits to any
            other state or local governmental entity or commercial customer, Contractor shall
            provide the same price or prices, terms and benefits to OSH. The prices, terms and



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 33 of 74
            benefits shall be effective as of the date Contractor made the more favorable terms or
            greater benefits available to any other state or local governmental entity or commercial
            customer. This provision applies to comparable goods and services and to purchase
            volumes by OSH that are not less than the purchase volumes of the state or local
            governmental entity or commercial customer that has received the lower prices, greater
            benefits or more favorable terms.

            ii. Section 4.C.i does not apply to Contractor’s donations of comparable goods and
            services to charitable, nonprofit or governmental entities if the donations are recognized
            as donations and are deductible under the federal Internal Revenue Code. These
            donations are not considered contracts, agreements or arrangements with other state or
            local governmental entities or commercial customers for purposes of section 4.C.i.

       D. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE:

            i. ACCEPTANCE. OSH shall test if OSH, in its sole discretion deems testing
            necessary, inspect and either accept or reject Goods delivered within thirty (30)
            calendar days from the date Contractor delivers Goods to OSH. If OSH does not
            provide written notice of acceptance or rejection of Goods to Contractor within thirty
            (30) calendar days following the date of delivery of Goods, OSH is deemed to have
            accepted Goods.

            ii. REJECTION. If OSH rejects Goods, then OSH’s written notice of rejection shall, at
            a minimum, itemize the apparent defects and include:

                 a. a description of nonconformance between Goods delivered and the required
                 Specifications and warranties (including any variance from demonstrations or
                 sample characteristics of Goods if Contractor provided demonstrations or samples);

                 b. a description of any other nonconformance of Goods (including late delivery);
                 and

                 c. a statement indicating whether Contractor may cure the nonconformance and if
                 so, the method by which and time period within which Contractor may cure.

            iii. REVOCATION OF ACCEPTANCE. Notwithstanding OSH’s acceptance of
            Goods under section 4.D.i OSH may revoke its acceptance of Goods for
            nonconformance with the Specifications. If OSH revokes acceptance of Goods, OSH
            shall deliver a written notice of revocation of acceptance to Contractor that includes the
            same information required for a written notice of rejection under section 4.D.ii.

            iv. EFFECT OF REJECTION OR REVOCATION OF ACCEPTANCE. If OSH
            rejects Goods or revokes its acceptance of Goods, Contractor shall refund all payments
            OSH has made to Contractor for those Goods and shall, at no cost to OSH, remove
            Goods from OSH’s possession within nine (9) calendar days following the later of the
            date of OSH’s notice of rejection, the date of OSH’s notice of revocation of acceptance,



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 34 of 74
            or the date of Contractor’s failure to cure if cure is permitted. Nothing contained in this
            section 4.D precludes OSH from pursuing any remedies to which either may be entitled
            upon rejection or revocation of acceptance of Goods or otherwise under this Contract.

       E. OTHER REPRESENTATIONS AND WARRANTIES.

       All express and implied warranties that are applicable to goods under ORS Chapter 72
       apply to Goods delivered under this Contract. Contractor represents and further warrants
       that:

           i. Contractor has the authority to enter into and perform in accordance with this
          Contract, and that this Contract, when executed and delivered, is a valid and binding
          obligation of Contractor that is enforceable in accordance with its terms;

            ii. All Goods delivered to OSH are new, unused, current production models and are
          free from defects in materials, design and manufacture for twelve (12) months beginning
          on date of acceptance by OSH (“Warranty Period”). Contractor further represents and
          warrants that all Goods meet or exceed all Specifications;

            iii. All Goods delivered shall comply with all applicable federal health and safety
            standards.

            iv. 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 and perform Services in a timely, professional and workmanlike
            manner in accordance with standards applicable to Contractor’s industry, trade or
            profession; and

            v. Contractor is, and shall be at all times during the term of this Contract, qualified,
            professionally competent and duly licensed to perform Services.

       The warranties specified in this section 4.E are in addition to, and not in lieu of, any other
       warranties provided in this Contract. All warranties are cumulative and shall be interpreted
       broadly to give OSH the greatest warranty protection available.

       F. MANUFACTURER WARRANTIES.

       At no charge to OSH, Contractor shall transfer or cause the transfer of all manufacturers’
       warranties for Goods and component parts, if any, to the OSH for OSH’s benefit when
       Contractor delivers Goods to OSH. If a conflict or inconsistency exists between a
       manufacturer’s warranty and Contractor’s warranty, the warranty that provides the greatest
       benefit and protection to State shall prevail.

       G. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 35 of 74
            i. Contractor shall comply with all federal, state and local laws, regulations, and
          ordinances applicable to this Contract or to Contractor’s obligations under this Contract,
          as they may be adopted or amended from time to time.

            ii. OSH’s performance under this Contract is conditioned upon Contractor's
            compliance with the obligations intended for contractors under ORS 279B.220,
            279B.225 (if applicable to this Contract), 279B.230 and 279B.235 (if applicable to this
            Contract), which are incorporated into this Contract by reference. Contractor shall, to
            the maximum extent economically feasible in the performance of this Contract, use
            recycled paper (as defined in ORS 279A.010(1)(ee)), recycled PETE products (as defined
            in ORS 279A.010(1)(ff)), and other recycled plastic resin products and recycled products
            (as “recycled product” is defined in ORS 279A.010(1)(gg)).

       H. AMENDMENTS.

               i. All amendments to this Contract are Unanticipated Amendments unless
               subsections ii and iii of this section H are completed for Anticipated Amendments.

               ii. Anticipated Amendments. OSH reserves the right to amend or extend the
               Contract under the following general circumstances:

                    a. OSH may extend the Contract for additional periods of time up to a total
                    contract eight (8) years, or as allowed by Oregon law, and for additional money
                    associated with the extended periods(s) of time. The determination for any
                    extension for time will be based on OSH’s satisfaction with performance of the
                    work or services performed by the Contractor under this Contract.

       I. MATERIAL SAFETY DATA SHEET.

       At the time Contractor delivers Goods to OSH, Contractor shall provide to OSH a
       “Material Safety Data Sheet” as defined by OSHA for any Goods delivered which may
       release or otherwise cause exposure to a hazardous chemical substance under normal
       conditions of use. Contractor shall properly label, tag or mark those Goods.

       J. TIME IS OF THE ESSENCE.

       Contractor agrees that time is of the essence in the performance of this Contract.

       K. FORCE MAJEURE.

       Neither OSH nor Contractor shall be responsible for any failure to perform or for any delay
       in the performance of any obligation under this Contract caused by fire, riot, acts of God,
       terrorism, war, or any other cause which is beyond the delaying or breaching entity's
       reasonable control. Contractor shall make all reasonable efforts to eliminate the cause of
       Contractor’s delay or breach and shall, upon elimination of the cause, continue performing
       under this Contract. OSH may terminate this Contract upon written notice to Contractor



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 36 of 74
       after reasonably determining that this delay or breach could likely prevent successful
       performance of this Contract.

       L. INSURANCE.

       Contractor shall obtain the insurance required under section 5 prior to performing under
       this Contract and shall maintain the required insurance throughout this duration of this
       Contract and all Warranty Periods.

       M. INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND
       WITHHOLDING.

            i. Contractor shall perform all Services as an independent contractor. Although OSH
            may (a) determine and modify the delivery schedule for Goods to be delivered and
            Services to be performed and (b) evaluate the quality of the completed performance,
            OSH cannot and will not control the means or manner of Contractor's performance.
            Contractor is responsible for determining the appropriate means and manner of
            performing any Services required under this Contract. Contractor is not an "officer",
            "employee", or "agent" of OSH as those terms are used in ORS 30.265 of State, .


            ii. If Contractor is currently performing work for State or the federal government,
            Contractor by signature to this Contract declares and certifies that Contractor's
            performance under this Contract creates no potential or actual conflict of interest as
            defined by ORS 244 and that no rules or regulations of Contractor's employing OSH
            (state or federal) would prohibit Contractor's performance under this Contract.

            iii. Contractor shall pay or cause to be paid all federal and state taxes applicable to
            Contractor’s compensation under this Contract, and OSH will not withhold from
            Contractor’s compensation any amount to cover Contractor's federal or state tax
            obligations unless Contractor is subject to backup withholding. Contractor is not
            eligible for any social security, unemployment insurance or workers' compensation
            benefits from Contractor’s compensation under this Contract.

       N. INDEMNIFICATION.

          i. GENERAL INDEMNITY. CONTRACTOR SHALL DEFEND, SAVE, HOLD
          HARMLESS, AND INDEMNIFY STATE, ITS AGENCIES, OFFICERS, DIRECTORS,
          AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, SUITS,
          ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY
          NATURE WHATSOEVER (“CLAIMS”) RESULTING FROM, ARISING OUT OF, OR
          RELATING TO THE ACTS OR OMISSIONS OF CONTRACTOR OR ITS OFFICERS,
          EMPLOYEES, SUBCONTRACTORS, OR AGENTS UNDER THIS CONTRACT.

          ii. INDEMNITY FOR INFRINGEMENT CLAIMS. WITHOUT LIMITING THE
          GENERALITY OF SECTION 4.N.i, CONTRACTOR SHALL DEFEND, SAVE, HOLD



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 37 of 74
          HARMLESS AND INDEMNIFY STATE, ITS AGENCIES, OFFICERS, DIRECTORS,
          AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, SUITS,
          ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES,
          INCLUDING ATTORNEYS FEES, ARISING OUT OF OR RELATING TO ANY
          CLAIMS THAT THE WORK, THE WORK PRODUCT OR ANY OTHER TANGIBLE
          OR INTANGIBLE ITEM DELIVERED UNDER THIS CONTRACT BY
          CONTRACTOR THAT MAY BE THE SUBJECT OF PROTECTION UNDER ANY
          STATE OR FEDERAL INTELLECTUAL PROPERTY LAW OR DOCTRINE, OR
          THE OSH’S REASONABLE USE THEREOF, INFRINGES ANY PATENT,
          COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK,
          UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY
          (“INFRINGEMENT CLAIM”); PROVIDED, THAT STATE SHALL PROVIDE
          CONTRACTOR WITH PROMPT WRITTEN NOTICE OF ANY INFRINGEMENT
          CLAIM.

          iii. STATE SHALL REASONABLY COOPERATE IN GOOD FAITH, AT
          CONTRACTOR’S REASONABLE EXPENSE, IN THE DEFENSE OF CLAIMS AND
          INFRINGEMENT CLAIMS, AND CONTRACTOR SHALL SELECT COUNSEL
          REASONABLY ACCEPTABLE TO THE OREGON ATTORNEY GENERAL TO
          DEFEND SUCH CLAIMS AND INFRINGEMENT CLAIMS AND SHALL BEAR
          ALL COSTS OF SUCH COUNSEL. COUNSEL MUST ACCEPT APPOINTMENT AS
          A SPECIAL ASSISTANT ATTORNEY GENERAL UNDER ORS CHAPTER 180
          BEFORE COUNSEL MAY ACT IN THE NAME OF, OR REPRESENT THE
          INTERESTS OF, STATE, ITS AGENCIES, OFFICERS, EMPLOYEES OR AGENTS.
          STATE MAY ELECT TO ASSUME ITS OWN DEFENSE WITH AN ATTORNEY OF
          ITS OWN CHOICE AND AT ITS OWN EXPENSE AT ANY TIME STATE
          DETERMINES IMPORTANT GOVERNMENTAL INTERESTS ARE AT STAKE.
          SUBJECT TO THE LIMITATIONS NOTED ABOVE, CONTRACTOR MAY
          DEFEND SUCH CLAIMS AND INFRINGEMENT CLAIMS WITH COUNSEL OF
          ITS OWN CHOOSING PROVIDED THAT NO SETTLEMENT OR COMPROMISE
          OF ANY SUCH CLAIMS AND INFRINGEMENT CLAIMS SHALL OCCUR
          WITHOUT THE CONSENT OF STATE, WHICH CONSENT SHALL NOT BE
          UNREASOABLY WITHHELD, CONDITIONED OR DELAYED.

       O. ASSIGNMENT OF ANTITRUST RIGHTS.

            i. CONTRACTOR IRREVOCABLY ASSIGNS TO STATE ANY CLAIM FOR
            RELIEF OR CAUSE OF ACTION WHICH CONTRACTOR NOW HAS OR WHICH
            MAY ACCRUE TO CONTRACTOR IN THE FUTURE BY REASON OF ANY
            VIOLATION OF 15 U.S.C. § 1-15 OR ORS 646.725 OR ORS 646.730, IN
            CONNECTION WITH ANY GOODS OR SERVICES PROVIDED TO
            CONTRACTOR FOR THE PURPOSE OF CARRYING OUT CONTRACTOR’S
            OBLIGATIONS UNDER THIS CONTRACT, INCLUDING, AT STATE’S OPTION,
            THE RIGHT TO CONTROL ANY SUCH LITIGATION ON SUCH CLAIM FOR
            RELIEF OR CAUSE OF ACTION.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc           Page 38 of 74
            ii. CONTRACTOR SHALL REQUIRE ANY SUBCONTRACTORS HIRED TO
            PERFORM ANY OF CONTRACTOR’S DUTIES UNDER THIS CONTRACT TO
            IRREVOCABLY ASSIGN TO STATE, AS THIRD PARTY BENEFICIARY, ANY
            RIGHT, TITLE OR INTEREST THAT HAS ACCRUED OR WHICH MAY
            ACCRUE IN THE FUTURE BY REASON OF ANY VIOLATION OF 15 U.S.C. § 1-
            15 OR ORS 646.725 OR ORS 646.730, IN CONNECTION WITH ANY GOODS OR
            SERVICES PROVIDED TO THE SUBCONTRACTOR FOR THE PURPOSE OF
            CARRYING OUT THE SUBCONTRACTOR’S OBLIGATIONS TO CONTRACTOR
            IN PURSUANCE OF THIS CONTRACT, INCLUDING, AT STATE’S OPTION,
            THE RIGHT TO CONTROL ANY SUCH LITIGATION ON SUCH CLAIM FOR
            RELIEF OR CAUSE OF ACTION.

       P. EVENTS OF BREACH.

            i. Breach by Contractor. Contractor breaches this Contract if:

                 a. Contractor institutes or has instituted against it insolvency, receivership or
                 bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases
                 doing business on a regular basis;

                 b. Contractor no longer holds a license or certificate that is required for Contractor
                 to perform its obligations under this Contract and Contractor has not obtained the
                 required license or certificate within fourteen (14) calendar days after delivery of
                 OSH’s notice of breach or a longer period as OSH may specify in its notice; or

                 c. Contractor commits any material breach of any covenant, warranty, obligation or
                 certification under this Contract, and Contractor fails to cure its breach within
                 fourteen (14) calendar days after delivery of OSH’s notice of breach or within a
                 longer period as OSH may specify in its notice.

            ii. Breach by OSH. OSH breaches this Contract if:

                 a. OSH fails to pay Contractor any amount pursuant to the terms of this Contract,
                 and OSH fails to cure this failure within fourteen (14) business days after delivery
                 of Contractor's notice of breach or within a longer period as Contractor may specify
                 in its notice; or

                 b. OSH commits any material breach of its obligations under this Contract, fails to
                 perform its obligations hereunder within the time specified or any extension thereof,
                 and fails to cure its failure within fourteen (14) calendar days after delivery of
                 Contractor's notice of breach or a longer period as Contractor may specify in its
                 notice.

       Q. REMEDIES.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 39 of 74
            i. State's Remedies. If Contractor is in breach under section 4.P.i, then in addition to
            the remedies afforded elsewhere in this Contract, OSH shall be entitled to recover for
            any and all damages suffered as the result of Contractor's breach of this Contract,
            including but not limited to direct, indirect, incidental and consequential damages, as
            provided in ORS Chapter 72. OSH may, at its option, pursue any or all of the remedies
            available under this Contract and at law or in equity, including, but not limited to:

                 a. Termination of this Contract under section 4.S.ii;

                 b. Withholding all amounts Contractor has invoiced for Goods and Services that
                 Contractor is obligated to but has failed to deliver or perform within any scheduled
                 completion dates or has performed inadequately or defectively;

                 c. Initiation of an action or proceeding for damages, specific performance,
                 declaratory or injunctive relief; or

                 d. Exercise of the right of setoff and withholding amounts otherwise due and owing
                 to Contractor in an amount equal to OSH’s setoff right, without penalty.

            These remedies are cumulative to the extent the remedies are not inconsistent, and OSH
            may pursue any remedy or remedies singly, collectively, successively or in any order
            whatsoever. If Contractor is found to not be in breach under section 4.P.i, the rights and
            obligations of the parties shall be the same as if this Contract was terminated pursuant
            to section 4.S.ii.a.

          ii. Contractor's Remedies. If OSH terminates this Contract for convenience under section
          4.S.ii.a, or if OSH is in breach under section 4.P.ii and whether or not Contractor elects to
          exercise its right to terminate this Contract under section 4.S.iii, Contractor's sole remedy
          is a claim against OSH for the unpaid price for any Goods delivered and accepted by
          OSH less any claims State has against Contractor and is as follows for unpaid Services
          completed and accepted by OSH:

                 a. For Services compensable on an hourly basis, a claim against OSH for unpaid
                 invoices, hours worked but not yet invoiced, and authorized expenses for Services
                 completed and accepted by OSH less any claims State has against Contractor.

                 b. For deliverable-based Services, a claim against OSH for the amount specified for
                 completing the deliverable multiplied by the percentage of Services completed and
                 accepted by OSH, less previous amounts paid and the amount of any claims State has
                 against Contractor.

       If previous amounts paid to Contractor for Goods and Services exceed the amount due to
       Contractor under this section 4.Q.ii, Contractor shall pay the excess amount to OSH
       immediately upon written demand.

       R. ATTORNEYS' FEES.



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 40 of 74
       Except for defense costs and expenses pursuant to section 4.N, neither OSH nor Contractor
       is entitled to recover attorney's fees, court and investigative costs, or any other fees or
       expenses associated with pursuing a remedy for damages arising out of or relating to this
       Contract.

       S. TERMINATION.

            i. MUTUAL CONSENT. The Contract may be terminated at any time by mutual
            written consent of the parties.

            ii. OSH:

                 a. OSH may, at its sole discretion, terminate the Contract for its convenience upon
                 30 days written notice to Contractor.

                 b. OSH may, in its sole discretion, terminate this Contract, immediately upon
                 notice to Contractor, or at a later date as OSH may establish in its notice, upon the
                 occurrence of any of the following events:

                      1. OSH fails to receive funding, appropriations, limitations, allotments or other
                      expenditure authority at levels sufficient to allow OSH, in the exercise of its
                      reasonable administrative discretion, to make payments under this Contract;

                      2. Federal or state laws, regulations, or guidelines are modified or interpreted in
                      a way that either the purchase of Goods or Services, or both, by the OSH under
                      this Contract is prohibited, or the OSH is prohibited from paying for Goods or
                      Services, or both, from the planned funding source; or

                      3. Contractor commits any material breach of this Contract.

          Contractor shall stop performance under this Contract as directed by OSH in any written
          notice of termination delivered to Contractor under this section 4.S.ii.

          iii. CONTRACTOR. Contractor may terminate this Contract immediately upon written
          notice to OSH, or at a later date as Contractor may establish in its notice, if OSH is in
          breach under section 4.P.ii.

       T. INTELLECTUAL PROPERTY & OPEN SOURCE; TITLE TO GOODS.

            i. New Works. All intellectual property rights in the Work Product created by
            Contractor under this Contract shall be the exclusive property of OSH. All Work
            Product authored by Contractor under this Contract shall be deemed "works made for
            hire" to the extent permitted by the United States Copyright Act. To the extent OSH is
            not the owner of the intellectual property rights in such Work Product, Contractor
            hereby irrevocably assigns to OSH any and all of its rights, title, and interest in such



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                   Page 41 of 74
            Work Product. Upon OSH’s reasonable request, Contractor shall execute such further
            documents and instruments reasonably necessary to fully vest such rights in OSH.
            Contractor forever waives any and all rights relating to such Work Product created
            under this Contract, including without limitation, any and all rights arising under 17
            USC §106A or any other rights of identification of authorship or rights of approval,
            restriction or limitation on use or subsequent modifications.

            ii. Contractor Intellectual Property. If intellectual property rights in the Work Product
            are Contractor Intellectual Property, Contractor hereby grants to OSH an irrevocable,
            non-exclusive, perpetual, royalty-free license to use, make, reproduce, prepare
            derivative works based upon, distribute copies of, perform and display the Contractor
            Intellectual Property, and to authorize others to do the same on OSH’s behalf.

            iii. Third Party Intellectual Property. To the extent Contractor has the authority,
            Contractor shall sublicense or pass through to OSH all Third Party Intellectual Property.
            Contractor represents and warrants that it has provided written disclosure to OSH of all
            Third Party Intellectual Property that must be independently licensed by OSH to fully
            enjoy the benefit of the Work Product. If Contractor failed to provide such written
            disclosure, Contractor shall secure on the OSH’s behalf and in the name of the OSH, an
            irrevocable, non-exclusive, perpetual, royalty-free license to use, make, reproduce,
            prepare derivative works based upon, distribute copies of, perform and display the Third
            Party Intellectual Property, and to authorize others to do the same on OSH’s behalf.

            iv. Open Source Approval and Notice. Any Open Source Elements in the Work Product
            must be approved in advance and in writing by OSH. If OSH approves the use of Open
            Source Elements, Contractor shall:
                 a. Notify OSH in writing that the Work Product contains Open Source Elements;
                 b. Identify the specific portion of the Work Product that contain Open Source
                 Elements; and
                 c. Provide a copy of the applicable license for each Open Source Element to OSH.

            v. Title to Goods. If Buy Option is exercised, Title to Goods passes to OSH in
            accordance with ORS 72.4010.

     U. ACCESS TO RECORDS.

       Contractor shall retain, maintain, and keep accessible all records relevant to this Contract
       ("Records") for six (6) years following Contract termination or full performance, the
       period required by applicable law following Contract termination or full performance, or
       until the conclusion of any audit, controversy or litigation arising out of or related to this
       Contract, whichever ending date is later. Contractor shall maintain all financial Records in
       accordance with generally accepted accounting principles. During this Record-retention
       period, Contractor shall permit State, its duly authorized representatives, and the federal
       government access to the Records at reasonable times and places for purposes of
       examination and copying.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 42 of 74
       V. NOTICES.

       All notices required under this Contract shall be in writing and addressed to the party's
       authorized representative. For State, the authorized representative is the OSH contact
       person identified in section 8. Contractor's authorized representative is the contact person
       identified in section 7. Mailed notices are deemed received five (5) days after the post mark
       date when properly addressed and deposited prepaid into the U.S. postal service. Faxed
       notices are deemed received upon electronic confirmation of successful transmission to the
       designated fax number. Notices delivered by personal delivery are deemed received when
       delivered to the address specified for the receiving party’s authorized representative.

       W. GOVERNING LAW.

       The Contract is governed by and construed in accordance with the laws of State of Oregon
       without regard to principles of conflicts of laws. To the extent not modified by the terms of
       this Contract, the Uniform Commercial Code as codified in ORS Chapters 71 and 72
       governs Goods under this Contract. The applicability of the UN Convention on Contracts
       for the International Sale of Goods is hereby expressly waived by the parties, and it does
       not apply to this Contract.

       X. VENUE; CONSENT TO JURISDICTION.

       Any claim, action, suit or proceeding (collectively, “Proceeding”) between State and
       Contractor that arises from or relates to this Contract shall be brought and conducted solely
       and exclusively within the Circuit Court of State for Marion County; provided, however, if
       a Proceeding must be brought in a federal forum, then unless otherwise prohibited by law,
       it shall be brought and conducted solely and exclusively within the United States District
       Court for the District of Oregon. CONTRACTOR HEREBY CONSENTS TO THE IN
       PERSONAM JURISDICTION OF THESE COURTS AND WAIVES ANY OBJECTION
       TO VENUE IN THESE COURTS AND ANY CLAIM THAT THE FORUM IS AN
       INCONVENIENT FORUM. Nothing in these provisions shall be construed as a waiver of
       State's sovereign or governmental immunity, whether derived from the Eleventh
       Amendment to the United States Constitution or otherwise, or a waiver of any defenses to
       Proceedings or jurisdiction based thereon.

       Y. SURVIVAL:

       In addition to all provisions which by their nature extend beyond the Contract termination
       or full performance, the following provisions shall remain in effect beyond any Contract
       termination or full performance: sections 1, 3, 4.A, 4.D, 4.E, 4.F, 4.L, 4.N, 4.O, 4.Q, 4.R,
       4.T, 4.U, 4.W, 4.X, 4.Y, 4.CC and section 5.

       Z. SEVERABILITY.

       If a court of competent jurisdiction declares any provision of this Contract to be illegal or
       otherwise invalid, the validity of the remaining terms and provisions shall not be affected,



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 43 of 74
       and the rights and obligations of the parties shall be construed and enforced as if this
       Contract did not contain the particular provision held to be invalid.

       AA. SUBCONTRACTS; ASSIGNMENT; SUCCESSORS.

            i. SUBCONTRACTS. Contractor shall not enter into any subcontracts for any
            Services required under this Contract without OSH’s prior written consent. In addition
            to any other provisions OSH may require, Contractor shall include in any permitted
            subcontract provisions to ensure that OSH will receive the benefit of subcontractor’s
            performance as if the subcontractor were Contractor with respect to sections 3, 4.E, 4.F,
            4.I, 4.J, 4.N, 4.O, 4.T, 4.U, 4.W, 4.X, and 4.AA. OSH’s consent to any subcontract
            shall not relieve Contractor of any of its duties or obligations under this Contract.

            ii. Contractor shall not assign, delegate or transfer any of its rights or obligations under
            this Contract without OSH’s prior written consent. OSH’s written consent does not
            relieve Contractor of any obligations under this Contract, and any assignee, transferee,
            or delegate is considered Contractor’s agent.

            iii. The provisions of this Contract are binding upon, and inure to the benefit of the
            parties and their respective successors and permitted assigns, if any.


       BB. MERGER CLAUSE; AMENDMENT; WAIVER.

       This Contract constitutes the entire agreement between the parties on the subject matter
       thereof. There are no understandings, agreements or representations, oral or written, not
       specified herein regarding this Contract. This Contract may be amended to the extent
       permitted by applicable statutes and administrative rules. For Anticipated Amendments, this
       Contract may be amended only in accordance with and to the extent provided in the
       Solicitation, if any, and this Contract, in accordance with OAR 125-246-0560. No waiver,
       consent or amendment of terms of this Contract shall bind either party unless in writing and
       signed by OSH and Contractor, and all necessary approvals have been obtained. Waivers
       and consents shall be effective only in the specific instance and for the specific purpose
       given. The failure of State to enforce any provision of this Contract shall not constitute a
       waiver by State of that or any other provision.

       CC. THIRD PARTY BENEFICIARIES.

       OSH and Contractor are the only parties to this Contract and are the only parties entitled to
       enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or
       shall be construed to give or provide any benefit or right not held by or made generally
       available to the public, whether directly, indirectly or otherwise, to third persons unless the
       third persons are individually identified by name herein and expressly described as
       intended beneficiaries of the terms of this Contract. OSH is an intended beneficiary of the
       terms of this Contract.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 44 of 74
       DD. COUNTERPARTS.

       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 this Contract so executed shall
       constitute an original.

5. INSURANCE

Contractor shall maintain insurance as set forth in Exhibit A Insurance Requirements, attached
hereto, for the following types of insurance: Workers Compensation, Professional Liability, and
Commercial General Liability. Contractor will be required to secure insurance as described in
Exhibit A prior to execution of the Contract.

6. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.

If Goods delivered or Services performed under this Contract require Contractor to have access
to or use of any OSH computer system or other OSH Information Asset for which OSH imposes
security requirements, Contractor shall comply and require subcontractors to comply with the
information security requirements imposed under this section. “Information Asset” means all
confidential information in any form (e.g., written, verbal, oral or electronic) which OSH
determines requires security measures, including confidential information created by OSH,
gathered for OSH, or stored by OSH for external parties. All other terms not defined in this
section shall have the meaning used in the HIPAA Security Rules, 45 CFR § 164.304.

     A. All requirements imposed on Contractor under this section 6 shall also apply to its
        officers, employees, agents and subcontractors that have access to any OSH information
        computer system or other OSH Information Asset, and Contractor shall include these
        requirements in any subcontract that may provide such access by a subcontractor, its
        officers, employees or agents to any OSH computer system or other OSH Information
        Asset. Contractor shall:

          i.        Cooperate with the OSH in identifying Information Assets that will be utilized for
                    the delivery of Goods or in the performance of Services and applicable security
                    measures that will be undertaken to protect the Information Assets, and provide
                    updated information to OSH within fourteen (14) calendar days of the date such
                    information changes for any reason;

          ii.       Implement security measures that reasonably and appropriately provide
                    administrative, physical and technical safeguards that protect the confidentiality,
                    integrity and availability of the Information Assets that it creates, receives,
                    maintains or transmits on behalf of OSH. Contractor’s security measures must be
                    documented in writing and be available for review by OSH upon request. OSH’s
                    review of the reasonableness of security measures, as well as Contractor’s
                    compliance with OSH’s assigned access control or security requirements, will
                    take into account Contractor’s physical, administrative, and technical capabilities



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 45 of 74
                    related to security measures and the potential risk of unauthorized use or
                    disclosure of Information Assets by Contractor, its officers, employees, agents or
                    subcontractors.

          iii.      Prevent any unauthorized access to or disclosure of OSH’s information systems
                    and information assets.

          iv.       Take necessary actions to comply with OSH’s determinations of the level of
                    access that may be granted, as well as changes in level of access, or suspension or
                    termination of access as determined by OSH;

          v.        Keep any OSH-assigned access control requirements such as identification of
                    authorized user(s) and access-control information in a secure location until access
                    is terminated; monitor and securely maintain access by Contractor and its agents
                    or subcontractors in accordance with security requirements or access controls
                    assigned by OSH; and make available to OSH, upon request, all information
                    about Contractor’s use or application of OSH access-controlled computer systems
                    or Information Assets.

          vi.       Report to OSH any privacy or security incidents by Contractor, its officers,
                    employees, agents or subcontractors that compromise, damage, or cause a loss of
                    protection to OSH Information Assets. Contractor shall report in the following
                    manner:

                    a. Report to OSH in writing within five (5) business days of the date on which
                       Contractor becomes aware of such incident; and

                    b. Provide OSH the results of the incident assessment findings and resolution
                       strategies

          Contractor shall comply with OSH requests for corrective action concerning a privacy or
          security incident, and with laws requiring mitigation of harm caused by the unauthorized
          use or disclosure of confidential information, if any.

     B. If OSH determines that Contractor’s security measures or actions required under section
        6.A are inadequate to address the security requirements of OSH, OSH will notify
        Contractor. OSH and Contractor may meet to discuss appropriate security measures or
        action. If security measures or corrective actions acceptable to OSH cannot be agreed
        upon, OSH may take such actions as it determines appropriate under the circumstances.
        Actions may include but are not limited to restricting access to computer systems or
        Information Assets, or OSH amending or terminating the Contract.

     C. OSH may request additional information from Contractor related to security measures,
        and may change, suspend or terminate access to or use of an OSH computer system or
        Information Assets by Contractor, its officers, employees, agents or subcontractors.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 46 of 74
     D. Wrongful use of OSH computer systems, wrongful use or disclosure of Information
        Assets by Contractor, officers, its employees, agents or its subcontractors may cause the
        immediate suspension or revocation of any access granted through this Contract, in the
        sole discretion of OSH. OSH may also pursue any other legal remedies provided under
        the law.

7. CERTIFICATIONS AND SIGNATURE OF CONTRACTOR'S AUTHORIZED
REPRESENTATIVE.

     THIS CONTRACT MUST BE SIGNED IN INK BY AN AUTHORIZED
     REPRESENTATIVE OF CONTRACTOR.

     The undersigned certifies under penalty of perjury both individually and on behalf of
     Contractor that:

     A. The undersigned is a duly authorized representative of Contractor, has been authorized by
        Contractor to make all representations, attestations, and certifications contained in this
        Contract and to execute this Contract on behalf of Contractor;

     B. The undersigned is authorized to act on behalf of Contractor and that Contractor is, to the
        best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws. For
        purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS
        401.792 to 401.816 (Tax For Emergency Communications), 118 (Inheritance Tax), 314
        (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318
        (Corporation Income Tax), 320 (Amusement Device and Transient Lodging Taxes), 321
        (Timber and Forestland Tax), 323 (Cigarettes and Tobacco Products Tax), and the elderly
        rental assistance program under ORS 310.630 to 310.706; and any local taxes
        administered by the Department of Revenue under ORS 305.620.

     C. To the best of the undersigned’s knowledge, Contractor has not discriminated against and
        will not discriminate against minority, women or emerging small business enterprises
        certified under ORS 200.055 in obtaining any required subcontracts.

     D. Contractor and Contractor’s employees and agents are not included on the list titled
        “Specially Designated Nationals and Blocked Persons” maintained by the Office of
        Foreign Assets Control of the United States Department of the Treasury and currently
        found at http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf;

     E. Contractor is bound by and will comply with all requirements, terms and conditions
        contained in this Contract and will provide Goods and Services in accordance with the
        Specifications; and

     F. Contractor ___ is / ___ is not a nonresident alien as defined in 26 USC § 7701(b)(1)
        (check one). See section 4.A.ii.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                              Page 47 of 74
CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY
ACKNOWLEDGES THAT CONTRACTOR HAS READ THIS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
CONTRACTOR: YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO
NECESSARY STATE APPROVALS

Signatures:

Approved by Contractor:


______________________________________________________________________________
Authorized Signature                Title                         Date

______________________________________________________________________________
Printed or Typed Name


Approved by DHS:



Authorized Signature                                      Title                    Date

______________________________________________________________________________
Printed or Typed Name


Approved for Legal Sufficiency:



Assistant Attorney General                                                         Date


Approved by Oregon State Hospital:



Lee Hullinger                                        Chief Financial Officer       Date



Nena Strickland                                      Deputy Superintendent                     Date


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                             Page 48 of 74
                                 EXHIBIT A – INSURANCE REQUIREMENTS

Required Insurance: Contractor shall obtain at Contractor’s expense the insurance specified in
this Exhibit C, prior to performing under this Contract and shall maintain it in full force and at its
own expense throughout the duration of this Contract and all warranty periods. Contractor shall
obtain the following insurance from insurance companies or entities that are authorized to
transact the business of insurance and issue coverage in State and that are acceptable to OSH.
1.        Workers Compensation: All employers, including Contractor, that employ subject
          workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide
          workers' compensation insurance coverage for those workers, unless they meet the
          requirement for an exemption under ORS 656.126(2). Contractor shall require and
          ensure that each of its subcontractors complies with these requirements.
2.        Professional Liability:
               Required by OSH                  Not required by OSH
          Professional Liability. Professional Liability Insurance covering any damages caused
          by an error, omission or any negligent acts related to the services to be provided under
          this Contract. Contractor shall provide proof of insurance of not less than the following
          amounts as determined by the OSH:
               $5,000,000 combined single limit for any single claimant per occurrence; and
               $5,000,000 aggregate limit for all claims per occurrence.
          OR
              Combined single limit for any single claimant per occurrence:
          July 1, 2010 to June 30, 2011:                                 $1,700,000.
          July 1, 2011 to June 30, 2012:                                 $1,800,000.
          July 1, 2012 to June 30, 2013:                                 $1,900,000.
          July 1, 2013 to June 30, 2014:                                 $2,000,000.
          July 1, 2014 to June 30, 2015:                                 $2,100,000.
          July 1, 2015 and thereafter, the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, sections 3 and 5 (Senate Bill
          311).
          Aggregate limit for all claims per occurrence:
          July 1, 2010 to June 30, 2011:                                 $3,700,000.
          July 1, 2011 to June 30, 2012:                                 $3,900,000.
          July 1, 2012 to June 30, 2013:                                 $4,100,000.
          July 1, 2013 to June 30, 2014:                                 $4,300,000.
          July 1, 2014 to June 30, 2015:                                 $4,500,000.
          July 1, 2015 and thereafter, the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, sections 3 and 5 (Senate Bill
          311).
3.        Commercial General Liability:
               Required by OSH                  Not required by OSH


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 49 of 74
          Commercial General Liability. Commercial General Liability Insurance covering
          bodily injury, death and property damage in a form and with coverage’s that are
          satisfactory to the State. This insurance shall include personal injury liability, products
          and completed operations. Coverage shall be written on an occurrence basis. Contractor
          shall provide proof of insurance of not less than the following amounts as determined by
          the OSH:
          Bodily Injury/Death:
               $5,000,000 combined single limit for any single claimant per occurrence; and
               $5,000,000 aggregate limit for all claims per occurrence.
          OR
             Combined single limit for any single claimant per occurrence:
          July 1, 2010 to June 30, 2011:                                 $1,600,000.
          July 1, 2011 to June 30, 2012:                                 $1,700,000.
          July 1, 2012 to June 30, 2013:                                 $1,800,000.
          July 1, 2013 to June 30, 2014:                                 $1,900,000.
          July 1, 2014 to June 30, 2015:                                 $2,000,000.
          July 1, 2015 and thereafter the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, section 3 (Senate Bill 311).
          Aggregate limit for all claims per occurrence:
          July 1, 2010 to June 30, 2011:                                 $3,200,000.
          July 1, 2011 to June 30, 2012:                                 $3,400,000.
          July 1, 2012 to June 30, 2013:                                 $3,600,000.
          July 1, 2013 to June 30, 2014:                                 $3,800,000.
          July 1, 2014 to June 30, 2015:                                 $4,000,000.
          July 1, 2015 and thereafter the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, section 3 (Senate Bill 311).
          AND
          Property Damage:
               $100,000 combined single limit for any single claimant per occurrence; and
               $500,000 aggregate limit for all claims per occurrence.
          OR
              Combined single limit for any single claimant per occurrence:
          From January 1, 2010, and every year thereafter the adjusted limitation as determined by
          the State Court Administrator pursuant to Oregon Laws 2009, chapter 67, section 5
          (Senate Bill 311).
          Aggregate limit for all claims per occurrence:
          From January 1, 2010, and every year thereafter the adjusted limitation as determined by
          the State Court Administrator pursuant to Oregon Laws 2009, chapter 67, section 5
          (Senate Bill 311).
4.        Automobile Liability Insurance:
               Required by OSH                  Not required by OSH


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 50 of 74
          Automobile Liability. Automobile Liability Insurance covering all owned, non-owned,
          or hired vehicles. This coverage may be written in combination with the Commercial
          General Liability Insurance (with separate limits for “Commercial General Liability” and
          “Automobile Liability”). Contractor shall provide proof of insurance of not less than the
          following amounts as determined by the OSH:
          Bodily Injury/Death:
               $2,000,000 combined single limit for any single claimant per occurrence; and
               $4,000,000 aggregate limit for all claims per occurrence.
          OR
              Combined single limit for any single claimant per occurrence:
          July 1, 2010 to June 30, 2011:                                   $1,600,000.
          July 1, 2011 to June 30, 2012:                                   $1,700,000.
          July 1, 2012 to June 30, 2013:                                   $1,800,000.
          July 1, 2013 to June 30, 2014:                                   $1,900,000.
          July 1, 2014 to June 30, 2015:                                   $2,000,000.
          July 1, 2015 and thereafter the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, section 3 (Senate Bill 311).
          Aggregate limit for all claims per occurrence:
          July 1, 2010 to June 30, 2011:                                   $3,200,000.
          July 1, 2011 to June 30, 2012:                                   $3,400,000.
          July 1, 2012 to June 30, 2013:                                   $3,600,000.
          July 1, 2013 to June 30, 2014:                                   $3,800,000.
          July 1, 2014 to June 30, 2015:                                   $4,000,000.
          July 1, 2015 and thereafter the adjusted limitation as determined by the State Court
          Administrator pursuant to Oregon Laws 2009, chapter 67, section 3 (Senate Bill 311).
          AND
          Property Damage:
               $100,000 combined single limit for any single claimant per occurrence; and
               $500,000 aggregate limit for all claims per occurrence.
          OR
              Combined single limit for any single claimant per occurrence:
          From January 1, 2010, and every year thereafter the adjusted limitation as determined by
          the State Court Administrator pursuant to Oregon Laws 2009, chapter 67, section 5
          (Senate Bill 311).
          Aggregate limit for all claims per occurrence:
          From January 1, 2010, and every year thereafter the adjusted limitation as determined by
          the State Court Administrator pursuant to Oregon Laws 2009, chapter 67, section 5
          (Senate Bill 311).
5.        Additional Insured:
          The Commercial General Liability insurance and Automobile Liability insurance
          required under this Contract shall include the State of Oregon, its officers, employees and


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                Page 51 of 74
          agents as Additional Insureds but only with respect to Contractor's activities to be
          performed under this Contract. Coverage shall be primary and non-contributory with any
          other insurance and self-insurance.
6.        Notice of Cancellation or Change:
          There shall be no cancellation, material change, potential exhaustion of aggregate limits
          or non-renewal of insurance coverage(s) without sixty (60) days’ written notice from this
          Contractor or its insurer(s) to OSH. Any failure to comply with the reporting provisions
          of this clause shall constitute a material breach of Contract and shall be grounds for
          immediate termination of this Contract by OSH.
7.        Proof of Insurance:
          Contractor shall provide to OSH information requested in Data Certification for all
          required insurance before delivering any Goods and performing any Services required
          under this Contract. Contractor shall pay for all deductibles, self-insured retention and
          self-insurance, if any.
8.        “Tail” Coverage:
          If any of the required liability insurance is on a “claims made” basis, Contractor shall
          either maintain either “tail” coverage or continuous “claims made” liability coverage,
          provided the effective date of the continuous “claims made” coverage is on or before the
          effective date of this Contract, for a minimum of twenty-four (24) months following the
          later of (i) Contractor’s completion and OSH’s acceptance of all Services required under
          this Contract, or, (ii) The expiration of all warranty periods provided under this Contract.
          Notwithstanding the foregoing 24-month requirement, if Contractor elects to maintain
          “tail” coverage and if the maximum time period “tail” coverage reasonably available in
          the marketplace is less than the 24-month period described above, then Contractor shall
          maintain “tail” coverage for the maximum time period that “tail” coverage is reasonably
          available in the marketplace for the coverage required under this Contract. Contractor
          shall provide to OSH, upon OSH’s request, certification of the coverage required under
          this section 8.
9.        Certificates of Insurance:
          Upon OSH’s request, Contractor shall provide to OSH Certificate(s) of Insurance for all
          required insurance. The Certificate(s) must specify all entities and individuals who are
          endorsed on the policy as Additional Insured (or Loss Payees). Contractor shall pay for
          all deductibles, self-insured retention and self-insurance, if any.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 52 of 74
                   EXHIBIT B – CONTRACTOR DATA AND CERTIFICATION


Contractor Insurance Information. Contractor shall provide information set forth below. This
information is requested pursuant to ORS 305.385 and ORS 30.260 – 30.300.
If Contractor is self-insured for any of the Insurance Requirements specified in Contract Exhibit
A, Contractor may so indicate by: (i) writing “Self-Insured” on the appropriate line(s); and (ii)
submitting a certificate of insurance as required in Exhibit A, Section 9.
                                Please print or type the following information


Name (exactly as filed with the IRS)
Address
E-mail address:
Telephone: ( )                           -                  Facsimile: ( )         -
Nonresident Alien: [ ] YES                   [ ] NO
Proof of Insurance:
Workers Compensation Insurance Company
Policy #                                                            Expiration Date:
Professional Liability Insurance Company
Policy #                                                            Expiration Date:
General Liability Insurance Company
Policy #                                                            Expiration Date:
Auto Insurance Company
Policy #                                                            Expiration Date:
Business Designation:
[ ] Professional Corporation  [ ] Partnership                   [ ] Limited Partnership
[ ] Limited Liability Company [ ] Limited Liability Partnership
[ ] Corporation               [ ] Sole Proprietorship           [ ] Other
The above information must be provided prior to Contract execution. Contractor shall provide
proof of insurance upon request by OSH or OSH designee.
          a.        Certification. By signature on this Contract, the undersigned hereby certifies
                    under penalty of perjury that:
                   (1)       The undersigned is authorized to act on behalf of Contractor and that
                             Contractor is, to the best of the undersigned's knowledge, not in violation
                             of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax
                             Laws" means a state tax imposed by ORS 401.792 to 401.816 (Tax for
                             Emergency Communications), 118 (Inheritance Tax), 314 (Income Tax),


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 53 of 74
                             316 (Personal Income Tax), 317 (Corporation Excise Tax), 318
                             (Corporation Income Tax), 320 (Amusement Device and Transient
                             Lodging Taxes), 321 (Timber and Forestland Tax), 323 (Cigarettes and
                             Tobacco Products Tax), and the elderly rental assistance program under
                             ORS 310.630 to 310.706; and any local taxes administered by the
                             Department of Revenue under ORS 305.620;
                   (2)       The information shown in Section 5. Contractor Data and Certification,
                             above is Contractor’s true, accurate and correct information;
                   (3)       Contractor is not subject to backup withholding because:
                             (a)       Contractor is exempt from backup withholding;
                             (b)       Contractor has not been notified by the IRS that Contractor is
                                       subject to backup withholding as a result of a failure to report all
                                       interest or dividends; or
                             (c)       The IRS has notified Contractor that Contractor is no longer
                                       subject to backup withholding; and
                    (4)       Contractor is an independent contractor as defined in ORS 670.600.
                    (5)       Contractor is required to provide their Federal Employer Identification
                              Number (FEIN) or Social Security Number (SSN) as applicable to OSH.
                              By Contractor’s signature on this Contract, Contractor hereby certifies that
                              the FEIN or SSN provided is true and accurate. If this information
                              changes, Contractor is also required to provide OSH with the new FEIN or
                              SSN within ten (10) days.




Authorized Signature                                  Title                                   Date

______________________________________________________________________________
Printed or Typed Name




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 54 of 74
                               EXHIBIT C – PERIPHERAL AGREEMENTS




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                 Page 55 of 74
                                               EXHIBIT D
                                                   Part 1
                           Oregon State Hospital Supplemental General Provisions

1.       Contractors providing services under this contract must read and complete the
         following:
         DHS Background Request Form 301 HR-C attached hereto as EXHIBIT D, Part 3.
2.       The following is a summary of the policies that affect most Contractors. Each
         individual providing services to OSH should be aware of these policies.
         a.        DHS-100-001 General Privacy
                   http://www.dhs.state.or.us/policy/admin/privacy/100_001.pdf
         b.        DHS-100-002 Client Privacy Rights
                   http://www.dhs.state.or.us/policy/admin/privacy/100_002.pdf
         c.        DHS-100-003 Uses and Disclosures of Client or Participant Information
                   http://www.dhs.state.or.us/policy/admin/privacy/100_003.pdf
         d.        DHS-100-004 Minimum Necessary Information
                   http://www.dhs.state.or.us/policy/admin/privacy/100_004.pdf
         e.        DHS-100-005 Administrative, Technical, and Physical Safeguards
                   http://www.dhs.state.or.us/policy/admin/privacy/100_005.pdf
         f.        DHS-100-006 Uses and Disclosures for Research Purposes and Waivers
                   http://www.dhs.state.or.us/policy/admin/privacy/100_006.pdf
         g.        DHS-100-007 De-identification of Client Information and Use of Limited Data
                   Sets http://www.dhs.state.or.us/policy/admin/privacy/100_007.pdf
         h.        DHS 100-008 DHS Business Associate Relationships
                   http://www.dhs.state.or.us/policy/admin/privacy/100_008.pdf
         i.        DHS 100-009 Enforcement, Sanctions, and Penalties for Violation of Individual
                   Policy http://www.dhs.state.or.us/policy/admin/privacy/100_009
         j.        Oregon State Hospital Policies and Procedures 5.009 Staff-Patient Relationships
                   attached hereto as EXHIBIT D, Part 2.
         k.        DHS-060-010 Background Checks Policy at
                   http://www.dhs.state.or.us/policy/admin/hr/060_010.pdf
         l.        DHS Background Request Form 301 HR-C attached hereto as EXHIBIT D, Part 3.
         m.        Oregon Administrative Rule – Division 7 – Criminal History Checks - 407-007-
                   0000 through 407-007-0460 at:
                   http://arcweb.sos.state.or.us/rules/OARS_400/OAR_407/407_tofc.html - 007
         n.        Oregon State Hospital Policies and Procedures 7.008 Abuse of Hospitalized
                   Patients, and Reporting Allegations of Abuse of Non-Hospitalized Children,
                   Adults and Elderly Persons attached hereto as EXHIBIT D, Part 4.
         o.        Oregon Administrative Rule – Division 45 – Office of Investigations and Training
                   – Abuse of Individuals Living in State Hospitals and Residential Training Centers


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 56 of 74
                   – 407-045-0400 through 407-045-0520 at
                   http://arcweb.sos.state.or.us/rules/OARS_400/OAR_407/407_tofc.html - 020
         p.        DHS-010-009 Tobacco-Free Campus at
                   http://www.dhs.state.or.us/policy/admin/exec/010_009.pdf




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                 Page 57 of 74
                                                         EXHIBIT D
                                                           Part 2

                                                     Oregon State Hospital
Portland – Salem


Policies and Procedures


SECTION 5:          Human Resource Management                                      POLICY: 5.009

SUBJECT:            Staff-Patient Relationships




APPROVED:           MARVIN D. FICKLE, M.D.                                DATE: MARCH 29, 2005
                    SUPERINTENDENT

I.         POLICY
          A.        Relationships between staff and patients are to be guided by and consistent with therapeutic
                    objectives.
          B.        Each patient should be approached with a high level of sensitivity and respect and understood as a
                    unique person, with dignity and basic human rights.
          C.        All staff interaction with patients should seek to foster patients' personal self-worth, self-direction
                    (patient choices), personal responsibility, and basic human rights.
          D.        The religious/spiritual rights of a patient will be respected. A holistic approach in the patient's
                    treatment shall be supported, including the spiritual dimension, if the patient so desires.
II.        DEFINITIONS
          A.        "Therapeutic Relationship" means a planned, purposeful interaction between an employee and a
                    patient. It is a goal-directed relationship which accepts the individual as a human being with
                    dignity and establishes and maintains trust in order to effect a beneficial change in the patient's
                    response to his/her problems. This type of relationship exists solely for the patient's therapeutic
                    benefit.
         B.        "Dual Relationship" means having both a therapeutic relationship with a patient and also a personal
                   relationship with that patient, involving satisfaction of mutual needs (e.g., providing treatment
                   services to a family member or close friend; developing a close personal relationship with a person
                   after having a treatment relationship with that person).
          C.       "Religious/Spiritual Issues" means any subject matter related to the faith or religion of a patient or
                   employee.
          D.       "Holistic Approach" means a process therapeutically addressing the patient's spiritual, as well as
                   psychological, social, and physical needs.
III.       PROCEDURES


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 58 of 74
          A. Address patients respectfully by their first or last name, at the patient's preference. Name-calling,
                cursing, mocking, and sexually provocative language are verbally abusive (OAR 309-116-025).
                Violations of patients' rights could result in suspension, termination of employment, and/or
                prosecution. Pet names and terms of endearment are inappropriate and may be seen by the
                patient as patronizing, infantilizing, or sexual harassment.
          B.        The use of humor with patients should never demean the patient.
          C.        Never discuss personal matters with a patient or within hearing of a patient. Self-disclosure may be
                    used on occasion as planned intervention, but only by staff who are under supervision regarding its
                    use or who have clinical skills and training in its effective use. Similarly, never discuss the
                    personal lives of other staff with a patient or within hearing of a patient.
          D.        No employee is to use his/her relationship with a patient to exploit the patient sexually (including,
                    not limited to, inappropriate touching; kissing; or fondling), financially, emotionally, or in any
                    other way. Incidents of such exploitation shall be reported in accordance with patient abuse
                    procedures. Staff should not wear tight or revealing clothing, strong colognes, or behave in a
                    sexually provocative manner. Sexually explicit pictures or other printed matter must not be
                    provided to patients, accepted from patients, or viewed with patients. Never engage in sexually
                    explicit jokes or teasing with patients or within the hearing of patients.
          E.        Economic transactions with patients such as buying or selling products or services is prohibited.
                    Giving or loaning to patients personal possessions, such as money, gifts, or other materials, is
                    prohibited. Reinforcers paid for by hospital funds, such as a soft drink or candy bar, are acceptable
                    if consistent with the documented, interdisciplinary treatment care plan. Any "donation" by staff
                    shall be made through the Donations Center in Volunteer Services and will be dispersed by that
                    office at its discretion. Borrowing personal possessions or money from patients is prohibited.
                    Altering patient personal possessions without authorization by the patient and the patient’s IDT is
                    prohibited.
          F.        Employees are not allowed to accept gifts from patients. Any gifts which are unreturnable shall be
                    given to Volunteer Services. Any gift which is made by a patient, is worth less than $3.00, and
                    which stays in the work area can be accepted with the approval of the patient's treatment team.
          G.        Staff must always be aware of potential conflicts of interest or dual relationships as a result of their
                    employment at Oregon State Hospital. Staff shall not establish relationships with patients beyond
                    the level expected by their position descriptions (e.g., developing personal friendships, writing
                    personal letters, making after work social arrangements, etc.). Such contacts may lead to
                    exploitation of the patient. Questions about the propriety of a specific relationship should be
                    referred in writing to the employee's supervisor for review and counsel. A written response shall
                    be provided and a copy sent to the Chief Medical Officer (CMO).
          H.        When a patient is admitted who is known to a staff member (friend, acquaintance, or relative), the
                    staff member shall notify his/her immediate supervisor. By notifying the supervisor in charge of
                    the situation at the time of admission, the staff person protects both the patient and their own
                    professional status.
                    1.        In those instances where it is difficult for a staff member to be therapeutic with someone
                              they know, a change of assignment or supervision should be requested.
                    2.        This hospital does not expect that a patient's hospitalization will alter their relationship with
                              a member of the staff if the relationship originated before admission.
                    3.        In some instances, it may be appropriate to have the staff member or patient transferred to a
                              different unit or program. This action would require review by a supervisor and/or Unit

RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 59 of 74
                              Director, a recommendation by the CMO, and approval by the Program Director or
                              Superintendent.
          I.        Employees shall follow Oregon State Hospital Policy and Procedure 7.005, Patient Rights,
                    Administrative Rules (OAR 309-102-000 through 309-116-025, and ORS 426.385) regarding
                    individual rights of patients. Differential treatment of a patient because of race, creed, disability,
                    color, sex, or age is a violation of policy, as is physical or psychological abuse or corporal
                    punishment.
          J.        When a patient is discharged, staff are to terminate their therapeutic relationship with the patient
                    (except for the purpose of delivering any assigned outpatient services as specified in the workers
                    position description or in the patients' aftercare treatment plan). Staff shall also avoid the
                    establishment of any other type of relationship. When such outpatient relationships do exist, the
                    matter shall be referred in writing for review and counsel by the worker's supervisor. A written
                    response shall be given to the worker and a copy sent to the Chief Medical Officer. (See OSH
                    Policies and Procedures 5.014, Conflict of Interest.)
          K.        Any unintentional, casual contact from a former patient outside the work setting that evolves
                    beyond a casual conversation shall be reported to the worker's supervisor.
          L.        Employees, ex-employees, contractors, or volunteers shall not visit patients at OSH. The
                    employee, ex-employee, contractor, or volunteer may request an appeal of this policy, in writing,
                    directly to the Superintendent.
          M.        Spiritual questions should be referred to the treatment team for review and/or to Pastoral Services.
                    1.        Patients, if they wish, should be allowed to participate in religious/spiritual activities
                              wherever and whenever possible. Patients shall not, however, be required to participate in
                              such activities.
                    2.        Involvement of children and adolescents under age 14 in ongoing religious/spiritual groups
                              and activities must have parental and/or guardian approval in writing.
                    3.        When patients ask staff religious/spiritual questions:
                              a.        Staff, excepting Pastoral Services, are not allowed to provide religious training,
                                        teaching, or counseling to patients;
                              b.        Ongoing discussions of religious/spiritual issues shall necessitate incorporation into
                                        treatment team planning and involvement of the Pastoral Services Department;
                              c.        Conversations with patients about religious/spiritual issues are to be discussed in
                                        clinical supervision and documented in the progress notes.
                    4.        If patients or their families request specific activities, staff shall refer the request to the
                              Pastoral Services Department.
IV.        REFERENCES
           ORS 192.496 and 179.505, relating to disclosure of records.
           OAR 309-102-000 through 309-116-025, MHDDSD Administrative Rules relating to Patient and Resident Rights.
           Medical Records Procedures Section 3.000.
          OSH Policies and Procedures 5.014, Conflict of Interest; 2.008, Confidentiality and Security of Patient Information;
         5.004, Valuing Diversity; and 7.005, Patient Rights.
         SEIU Contract Article 23.2 C,E,G – Client Complaint Investigation
Replaces OSH Policy and Procedure 5.009, Staff-Patient Relationships, dated 4/22/2003
RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 60 of 74
                                                                    EXHIBIT D – Part 3



             Administrative Services                              DHS Background Request                                        301 HR C
             Office of Human Resources
             Oregon State Hospital                            Use for department contractors
Section 1 — To be completed by the hiring unit.
Please give instruction sheets separately so the subject individual can keep them.
Name of subject individual:
                                          (Last)                                                (First)                             (Middle)

Title of position:                                                                              Work site:
Division/program:                      DO                AS               SPD                 AMH                  DMAP                    PH/PSOB

Human resource analyst for division/program:                                                                         Phone:
Requires direct contact with:                      Children                 Adults                    Elderly
                                                   Confidential information                           Secure facilities
                                                   Finances/financial records                         Information technology systems
Requires driving to conduct state business?                      Yes                 No

 Point of contact:                                                                                                Phone:

 Point of contact worksite:
                                        (Office)                                     (City)                                   (District)

 Interview coordinator:                                                                                           Phone:

 I have verified the identity of the subject individual.
        Current/valid government issued photo ID checked:
                    Name                   Date of birth                                            Address                                Photo
        ID not available/current/valid. Explain:


 (Signature of interview coordinator)                                                                          (Date)


 Date position offered:                                                              Date 301 HR sent to BCU:


                      Preliminary hire allowed?                     Yes         No
                      By: __________________________                                                           Date: ________________
    BCU/HR Use only




                      Date prints requested: ______________            By: _____________________               Date to OSP: ______________
                         Residency            Identity              Disclosed out-of-state DL                Disclosed out-of-state criminal history

                      Results:
                      Potentially disqualifying crimes?            Yes           No
                      ODL:          Valid              Suspended   ID only       None           Concealed handgun license
                      Completed by BCU staff: ____________________________________ Date: ________________
                      Final fitness determination:       Approved               Restricted approval        Denied                            Closed
                      Final FD made by:                  BCU                    HR ______________________________                     ___________
                                                                                      (Signature)                                     (Date)

Notice of Fitness Determination (300HR) must be issued to SI and a copy maintained.
RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                                        Page 61 of 74
  Section 2 — To be completed by the subject individual.                                                      Please read
  instructions first.
 Name:                                                                                              Date of birth:
           (Last)                                    (First)                   (Middle)                           (Month/Day/Year)

 All other names used:                                                        SSN or INS number (voluntary:)

 Sex:                   Male               Female              Daytime or message phone:

 Street address:                                                      City:                            State:          ZIP:

 Driver’s license ID number:                                        State:                                                    :
  If additional space is needed for any of the following questions, attach additional pages.
  If you disclose criminal history, attach your responses to “Question to Answer.” (see instructions)
  During the last five years, have you been outside of Oregon for 60 days or more in a row?                     Yes               No
  If yes, list the locations and dates.
  City/State/Country                                                                      From (Month/Year)       To (Month/Year)




  Have you ever been charged, arrested and/or convicted of a crime?                           Yes               No
  If yes, complete information requested below and attach answers to “Questions to Answer.” (see instructions)
  Date
  (or estimate)             Charge, arrest or conviction                     County         State    Outcome




 I have read and understand the instructions for completing this form. I understand that a criminal
 records check will be completed on me and the information will be shared with the Department of
 Human Services, Office of Human Resources, resulting in a fitness determination. My signature
 authorizes DHS to request and receive any police reports needed to complete this criminal records
 check. I certify the information I have provided is correct and complete. I understand that if I provide
 false or incomplete information, I may be denied the position. I understand the check may be repeated
 during the time I hold this position. If a new check is requested, I will be required to complete a new
 backgrounc check request form in order for the department to complete a fitness determination.



 Signature of subject individual                                       Date




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                            Page 62 of 74
              Administrative Service                                  DHS Background Request                        301 HR C
              Office of Human Resources
              Background Check Unit                            Instructions for subject individuals
 Read all the instructions before completing the form
 Subject Individual: The “subject individual” is the person whose history is being checked. You, the
 subject individual, must complete page 2.
 Listing your social security number (SSN) is optional. If you do not provide your SSN, fingerprints may be
 required. If you do not have an SSN but do have an INS number, write in your INS number. The
 department requests the SSN or INS number solely for the purpose of positively identifying you during the
 criminal records check process.
 Disclose all criminal history: You must accurately and completely disclose all history requested. This
 includes all criminal history (felonies, misdemeanors, probation violations and failures to appear). If you
 fail to list any part of your criminal history, you may be denied. Serious traffic offenses, such as Reckless
 Driving, Driving Under the Influence of Intoxicants (DUII) and Driving While Suspended (DWS) must be
 listed. Failure to Appear, even for a minor traffic violation, must be listed. If you are not sure if something
 should be listed, you should list it. For each arrest, charge or conviction, include the date, location and the
 outcome. Minor traffic, moving and non-moving violations are not required to be listed.
 Questions to Answer: If you have criminal history which is potentially disqualifying, the
 department will determine whether you are fit for the position for which you are applying by
 conducting a question to answer.
 If you have any criminal history, you should provide the following information:
        • What happened leading up to the arrest, charge or conviction?
        • List any requirements resulting from each arrest, charge or conviction.
        • Describe any treatment, education and training specifically related to criminal history.
        • How is your criminal history relevant to your job or position?
        • Explain why your history does not pose a risk to the department, its clients or
             vulnerable individuals?
        • How has your life changed since the criminal history?
        • List any other information you believe would be helpful for the department in its weighing test.
        • Attach documentation to support the information provided.
                                     Denial: Denials may occur for some convictions, unresolved arrests, probation violations,
  notice of fitness determination)
  Outcome of background check




                                     warrants, sex offender status or false statement about criminal history. The department will
                                     conduct a weighing test. If you are denied you may not hold the position or job and must be
        (you will be given a




                                     terminated immediately. This decision may be appealed.
                                     Approved: You will be approved if you have no criminal history or, after a weighing test the
                                     Department determines that more likely than not you pose no risk to the department, its clients
                                     or vulnerable individuals. An approved fitness determination does not guarantee placement as
                                     a contractor.
                                     Restricted approval: If you have potentially disqualifying criminal history, you might be
                                     approved to work or volunteer with restrictions to a specific client, specific work site or set of
                                     duties. This decision may be appealed.
                                     Case closed: If you do not cooperate with this background check process, your application
                                     may be closed without a fitness determination. There are no appeal rights.

RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                                 Page 63 of 74
 Instructions for subject individuals continued
 Authority: The Department of Human Services (DHS) is authorized by state law (ORS 181.534,
 181.537) to complete criminal records checks for DHS program administration. These checks are to
 determine whether or not you, the subject individual, more likely than not pose a risk to the
 department, its clients or vulnerable individuals. For complete information, including potentially
 disqualifying crimes and conditions, how fitness determinations are conducted and the appeals
 process, see Oregon administrative rules 407-007-0000 to 407-007-0100. Checks are processed by
 the DHS Background Check Unit (BCU).
 Results: Results from this request shall be returned to the DHS Office of Human Resources.
 Sources checked: In doing this check, DHS may use information from the Driver and Motor Vehicle
 Services Division; Department of Corrections; Oregon State Police; Federal Bureau of Investigation; local
 and state and federal courts. DHS may use information from other criminal justice, corrections and law-
 enforcement agencies and other state and local government agencies. Fingerprints may be requested by
 DHS. In addition, DHS may check current and previous employers.
 Challenging criminal information: If you want to obtain a copy of the criminal record or challenge
 information in it, the subject individual must contact the Oregon State Police, 503-378-3070, extension
 330 (for Oregon criminal history); or local courts or the Federal Bureau of Investigation, 304-625-3878 (for
 national criminal history). You may request a copy of the national FBI report from the DHS Background
 Check Unit.
 Rechecks: This background check process may be repeated by DHS at any time while you work or
 otherwise continue in this position. If a new check is requested, you will be required to complete a new
 background check request form.

  You must notify DHS within 5 days if you are arrested or convicted for any misdemeanor or
  felony.

  Send the completed page 1 and 2 by FAX or mail; do not do both.
  FAX:              503-945-9910

  Address:                      OSH Human Resources
                                2600 Center Street NE
                                Salem, Oregon 97301-2682


  If you have questions or need this form in large print or in an alternative format, call the DHS
  Background Check Unit: (toll-free) 1-888-272-5545 or 503-378-5470.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                        Page 64 of 74
                                                     EXHIBIT D
                                                       Part 5

                                                 Oregon State Hospital
Portland – Salem


Policies and Procedures


SECTION 7:          Patient Rights                                                        POLICY: 7.008

SUBJECT:            Abuse of Hospitalized Patients, and Reporting
                    Allegations of Abuse of Non-Hospitalized
                    Children, Adults and Elderly Persons




APPROVED:           MARVIN FICKLE, M.D.                                            DATE: June 13, 2006
                    SUPERINTENDENT


I.        POLICY
          A.        It is the policy of Oregon State Hospital (OSH) that every individual is deserving of
                    safe, respectful and dignified treatment provided in a caring environment. To that
                    end, all employees, volunteers, contractors and their employees, as well as visitors
                    will conduct themselves in such a manner that individuals are free from abuse.
          B.        An employee, volunteer, contractor, or contractor’s employee of Oregon State
                    Hospital shall only be subject to disciplinary or other appropriate action up to and
                    including dismissal if found responsible for:
                    1.        Abusing a patient.
                    2.        Failing to report an alleged incident of abuse; or
                   3. Refusing to give information or giving untruthful information during an
                          investigation of alleged abuse.
          C.        In all situations where abuse or the failure to report an alleged incident of abuse has
                    been found, the action shall be commensurate with the seriousness of the conduct
                    and any aggravating or mitigating circumstances, and may include consideration of
                    previous conduct of record (Official Personnel File).
         D.        Any employee dismissed for violating the abuse policy will not be rehired in any
                   capacity, nor will the person be permitted to visit or otherwise have contact with
                   individuals in any manner.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                       Page 65 of 74
         E.        Any volunteer found violating the abuse policy may be denied visitation or any
                   other contact with individuals.
         F.        Any contractor found violating the abuse policy will be at risk of immediate
                   termination of the contract. Any employee of the contractor found in violation of
                   the abuse policy may be excluded from the grounds and could be referred to the
                   appropriate law enforcement or regulatory agency.
         G.        Any visitor found in violation of the abuse policy may be excluded from the
                   grounds and may be referred to the appropriate law enforcement agency or subject
                   to other appropriate actions as determined by the Superintendent or designee.
II.       DEFINITIONS
          A.       "Abuse" means any act or absence of action by a staff, contractor, volunteer or
                   visitor inconsistent with prescribed treatment and care that violates the well-being
                   or dignity of the Individual.
                    Listed below are examples of the types of conduct which constitute abuse. This list
                    of examples is by no means exhaustive and represents general categories of
                    prohibited conduct. Conduct of a like or similar nature is also obviously prohibited.
                    Examples include, but are not limited to:
                    1.        Physical Abuse: Examples include hitting, kicking, scratching, pinching,
                              choking, spanking, pushing, slapping, twisting of head, arms, or legs,
                              tripping, the use of physical force which is unnecessary or excessive or
                              other physical contact with an individual inconsistent with prescribed
                              treatment or care.
                    2.        Verbal Abuse: Verbal conduct may be abusive because of either the
                              manner of communicating with or the content of the communication with
                              individuals. Examples include yelling, ridicule, harassment, coercion,
                              threats, intimidation, cursing, foul language or other forms of
                              communication which are derogatory or disrespectful of the individual,
                              remarks intended to provoke a negative response by the individual, or
                              nicknames not requested by the individual or which are demeaning or
                              ridiculing.
                    3.        Abuse by Failure to Act: This includes neglecting the care of the
                              individual resulting in death (including suicide), physical or psychological
                              harm, or a significant risk of harm to the individual either by failing to
                              provide authorized and prescribed treatment or by failing to intervene when
                              a individual needs assistance such as denying food or drink or leaving the
                              individual unattended when staff presence is mandated.
                    4.        Sexual Abuse: Examples include:
                              a.        Contact of a sexual nature between staff, contractor, volunteer or
                                        visitor and individuals;
                              b.        Failure to discourage sexual advances toward staff, contractor,
                                        volunteer or visitor by individuals; and



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 66 of 74
                              c.        Permitting the sexual exploitation of individuals or use of
                                        individual sexual activity for staff, contractor, volunteer or visitor
                                        entertainment or other improper purpose.
                    5.        Condoning Abuse: Permitting abusive conduct toward an individual by
                              any other staff, individual, or person.
                    6.        Statutory Terms of Abuse: As defined in ORS 430.735 any death caused
                              by other than accidental or natural means; any physical injury caused by
                              other than accidental means, or that appears to be at variance with the
                              explanation given of the injury; willful infliction of physical pain or injury
                              and sexual harassment or exploitation, including but not limited to any
                              sexual contact between an employee and an adult, and neglect that leads to
                              physical harm or significant mental injury through withholding of services
                              necessary to maintain health and well being.
          B.       Self-Defense: At times, persons may be required to utilize self-defense. This
                   includes control procedures that are designed to minimize physical injury to the
                   individual or other persons. Employees are expected to use the least restrictive
                   procedures necessary under the circumstances for dealing with an individual’s
                   behaviors or defending against an individual’s attack. Abuse does not include acts
                   of self-defense or defense of an individual or other person in response to the use or
                   imminent use of physical force, provided that only the degree of force reasonably
                   necessary for protection is used. When excessively severe methods of control are
                   used or when any conduct designated as self-defense is carried beyond what is
                   necessary under the circumstances to protect the individual or other persons from
                   further violence or assault, that conduct then becomes abuse.
          C.        "Child Abuse" as defined under ORS 418.775. Examples include physical injury to
                    a child which has been caused by other than accidental means; sexual exploitation;
                    neglect; maltreatment of a child.
          D.        "Elder Abuse" as defined under ORS 124.050. Examples include physical injury
                    caused by other than accidental means; neglect which leads to physical harm;
                    abandonment; willful infliction of physical pain or injury.
          E.        "Abuse of Any Adult Receiving Developmental Disability or Mental Health
                    Services" as defined under ORS 430.735 means physical injury or death caused by
                    other than accidental or natural causes, willful infliction of physical pain or injury,
                    or sexual harassment or exploitation.
          F.        "Nursing Home Abuse" as defined under ORS 441.630. Examples include physical
                    injury other than accidental, neglect resulting in physical harm, failure to provide
                    direct patient care including food, failure to maintain required staff.
          G.        An "Alleged Abusive Act" should be considered to have occurred for the purpose
                    of these procedures if:
                    1.        A staff member has reasonable cause to believe abuse has been committed,
                              or




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                          Page 67 of 74
                    2.        Information has been reported by any patient or other person to a staff
                              member which, if true, would constitute abuse.
         H.        “Administrator” means the Assistant Department of Human Services Director for
                   Seniors and People with Disabilities and the Office of Mental Health and Addiction
                   Services or their designee.
         I.        “Department” means Seniors and People with Disabilities or Office of Mental
                   Health and Addiction Services, organizational units within the Department of
                   Human Services.
         J.        “Derogatory” means an expression of a low opinion or a disparaging remark.
         K.        “Disrespectful” means lacking regard or concern; or to treat as unworthy or lacking
                   value as a human being.
         L.        “Employee” means an individual employed by the state and subject to rules for
                   employee conduct.
         M.        “Inconclusive” means the available evidence does not support a final decision that
                   there was reasonable cause to believe that abuse occurred or did not occur.
         N.        “Individual” means a person who is receiving services in a residential training
                   center for people with developmental disabilities or at a state hospital for people
                   with mental illness.
         O.        “Not Substantiated” means the evidence does not support a conclusion that there is
                   reasonable cause to believe that abuse occurred.
         P.        “Office of Investigations and Training (OIT)” means the Department of Human
                   Services office responsible for the investigation of allegations of abuse made at
                   state hospitals and residential training centers.
         Q.        “Individual” means a patient or resident of Oregon State Hospital.
         R.        “Staff” means employees, contractors and their employees, and volunteers.
         S.        “Substantiated” means the evidence supports a conclusion that there is reasonable
                   cause to believe that abuse occurred.
         T.        “Superintendent” refers to the chief executive officer of OSH who serves as the
                   designee of the Administrator to receive allegations of abuse concerning individuals
                   and his or her designee.
         U.        “Visitor” means all other persons not included, as staff who visit the facility for
                   business purposes or to visit individuals or staff.
III.      PROCEDURES
         A.        Any person who has information about an alleged abusive act that has occurred at
                   Oregon State Hospital must immediately report the incident directly to the
                   Superintendent via hand delivered memorandum, AS/400, LAN, telephone call or in
                   person. Report during regular work hours to the Superintendent (503-945-2870) or
                   via the Assistant to the Superintendent (503-945-2852). Report after hours to the
                   Superintendent via the Oregon State Hospital Communication Center (503-945-
                   2800). Regardless of the manner of reporting, a written report also must be


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                  Page 68 of 74
                   submitted which includes details of the incident, date of the report, and signature of
                   the reporter.
          B.        If any staff has knowledge of an Oregon State Hospital patient that gives them
                    reasonable cause to believe that a child, elderly person, past nursing home resident,
                    or adult currently receiving services at Oregon State Hospital has been the victim or
                    perpetrator of abuse, and that the abuse took place when the person was not a
                    patient at Oregon State Hospital, that staff must report that information to the
                    Superintendent, using the following steps:
                    1.        The staff who has knowledge of such abuse shall immediately consult with
                              the Program Director to determine if a report is required.
                    2.        The staff and Program Director shall complete the Abuse Report Form as
                              part of this consultation;
                    3.        The staff and Program Director shall determine whether the alleged abuse
                              comes within the definition of child abuse under ORS 418.740, patient
                              abuse under ORS 441.630, or elderly abuse under ORS 124.050 and, if so,
                              ensure that reports are forwarded to the Superintendent within 24 hours.
Reporting Requirements
                   1.         Any person participating in good faith in reporting alleged abuse and who
                              has reasonable grounds for reporting has immunity from any civil liability
                              that otherwise might be imposed or incurred based on the reporting or the
                              content of the report under ORS 430.753(1).
                   2.         The identity of the person reporting alleged abuse is confidential. The
                              Department of OIT will reveal the names of abuse reporters to law
                              enforcement agencies, public agencies who certify or license facilities or
                              persons practicing therein, public agencies providing services to the
                              individuals, private agencies providing protective services for the
                              individual, and the protection and advocacy system for individuals
                              designated by federal law. The identity of the person reporting alleged
                              abuse may also be disclosed in certain legal proceedings including, but not
                              limited to, Human Resources or other administrative proceedings and
                              criminal prosecution.
Preliminary Procedures
                    1.       Once a report of alleged abuse if made, the following steps will be taken to
                             ensure both a proper investigation and appropriate action are taken to ensure
                             that individuals are free from any threat of abuse:
                              a.        No later than two hours after receipt of the allegation except for
                                        circumstances with good cause the Superintendent will notify the
                                        Office of Investigations and Training (OIT) of the report of alleged
                                        abuse. OIT will determine whether the allegation, if true, would fit
                                        within the definition of abuse. This determination will be made in
                                        consultation with the Superintendent. The determination must be
                                        made within 24 hours of receipt of the report of abuse;


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                      Page 69 of 74
                              b.        If the allegation is determined to not fit the definition of abuse, the
                                        Superintendent may take other appropriate action, such as a referral
                                        to Human Resources for review as a performance issue, worksite
                                        training, or take other systemic measures to resolve problems
                                        identified;
                              c.        The Superintendent with OIT will further ensure that if the
                                        allegation meets the definition of child abuse under ORS
                                        41913.005, or elder abuse under ORS 124.050 it has been reported
                                        to the appropriate agency.
                    2.       Immediately and no later than 24 hours after determining that the allegation
                              comes within the definition of abuse under this policy or other applicable
                              laws, the Superintendent will:
                              a.        Provide appropriate protective services to the individual that may
                                        include arranging for immediate protection of the individual and the
                                        provision of appropriate services including medical, legal or other
                                        services necessary to prevent further abuse;
                              b.        Determine with OIT if there is reason to believe that an investigation
                                        by an appropriate law enforcement agency is necessary, and if so,
                                        request that such agency determine whether there is reason to
                                        believe a crime has been committed;
                              c.        Make a report to any other appropriate agencies, e.g., State Office
                                        for Children, Adults and Families (CAF) (formerly State Office for
                                        Services to Children and Families) or Seniors and People with
                                        Disabilities (SPD) or Office of Mental Health and Addiction
                                        Services (OMHAS).
                              d.        Promptly notify the legal guardian (of an adjudicated incapacitated
                                        individual) of the alleged incident and give and explanation of the
                                        procedures that will be used to investigate and resolve the matter, as
                                        well as the facility’s responsibility to provide appropriate protective
                                        services;
                              e.        Contact the Administrator of the Department if the individual has
                                        sustained serious injury.
                  INVESTIGATION BY THE OFFICE OF INVESTIGATIONS AND TRAINING
                   1.         Investigation of allegations of abuse will be thorough and unbiased. An
                              investigation of the allegation will be conducted by the Office of
                              Investigations and Training (OIT).
                   2.         OIT will conduct interviews with any party alleging an incident of abuse,
                              the individual allegedly abused, and the person accused. OIT will also
                              include interviews with persons appearing to be involved in or having
                              knowledge of the alleged abuse or surrounding circumstances.
                   3.         All records necessary for the investigation will be available to OIT for
                              inspection and copying. OIT will collect information which has relevance


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 70 of 74
                              to the alleged event. This may include, but is not limited to, individual or
                              facility records, statements, diagrams, photographs and videos.
                   4.         If the facts in the case are disputed and a law enforcement agency does not
                              produce an investigation report, OIT will determine the manner and
                              methods of conducting the investigation.
                   5.         When a law enforcement agency is conducting a criminal investigation of
                              the alleged abuse, OIT may also perform its own investigation unless OIT is
                              advised by the law enforcement agency that a concurrent OIT investigation
                              would interfere with the criminal investigation.


                                           ABUSE INVESTIGATION REPORT
              1.        OIT will complete its investigation and submit a draft report to the
                        Superintendent within 30 calendar days after initiating an investigation unless
                        other laws or regulations require a shorter time frame. The investigation must be
                        complete within 30 calendar days unless the Administrator grants and extension.
                        The Administrator may grant an extension when a key party is unavailable, new
                        evidence is discovered, the investigation is complex (e.g. large numbers of
                        witnesses need to be interviewed, taking into account scheduling difficulties and
                        limitations, consultation with experts, or a detailed review of records over an
                        extended period of time is required) or for some other mitigating reason. The
                        Administrator will specify the length of the extension.
              2.        The Superintendent along with OIT is responsible for reviewing the OIT and/or
                        law enforcement investigation report. The Superintendent and OIT will also
                        review and discuss and other relevant reports or information.
              3.        OIT will determine whether the evidence does or does not substantiate the
                        allegation of abuse. In some instances, OIT may determine that the evidence is
                        inconclusive. The determination must be made within 15 calendar days from
                        completion of the draft investigation report, unless a key party is unavailable,
                        additional evidence is discovered, or the Administrator grants and extension for
                        some other mitigating reason. Any determination not made within the 15 day
                        period must be made as soon as reasonably possible thereafter.
              4.        Once this review is complete, a final report will be prepared by OIT, which
                        includes:
                             a.         A statement of the alleged incident being investigated, including the
                                        dates(s), location(s) and time(s);
                             b.         An outline of steps taken in the investigation, a list of all witnesses
                                        interviewed and a summary of the information provided by each
                                        witness;
                             c.         A summary of findings and conclusion concerning the allegation of
                                        abuse;
                             d.         A specific finding of substantiated, inconclusive or not substantiated


RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                        Page 71 of 74
                              e.        A plan of action necessary to prevent further abuse of the individual;
                              f.        Any additional corrective action required by the hospital or
                                        residential training center and deadlines for the completion of these
                                        actions;
                              g.        A list of any notices made to licensing agencies;
                              h.        The name and title of the person completing the report; and
                              i.        The date it is written.
              5.        If the allegation of abuse is substantiated, the Superintendent will direct that
                        appropriate action be taken against the responsible person commensurate with
                        the seriousness of the conduct and any aggravating or mitigating circumstances,
                        including consideration of previous conduct of record. If Human Resources is
                        involved, as necessary to comply with laws related to employee rights,
                        additional investigation maybe conducted.
              6.        If the allegations are found to be inconclusive; the Superintendent may request a
                        review by the Human Resources Department to determine the need for any
                        training or disciplinary action, as warranted by the facts and any follow-up
                        investigative work.
              7.        The Superintendent will ensure that appropriate documentation exists as to the
                        action taken as a result of an abuse investigation.
              8.        The Superintendent will ensure that a copy of the law enforcement investigation
                        report is forwarded to OIT.
                   DISCLOSURE OF INVESTIGATION REPORT AND RELATED DOCUMENTS
             1.          Investigation reports prepared by OIT are subject to the following:
                         a.        Portions of the abuse investigation report and underlying investigatory
                                   documents are confidential and not available for public inspection.
                                   Pursuant to ORS 430.763, names of persons who make reports of abuse,
                                   witnesses, and the alleged abuse victim are confidential and shall not be
                                   available for public inspection. Investigatory documents, including
                                   portions of the abuse investigation report that contains “Individually
                                   identifiable health information”, as that term is defined under ORS
                                   192.519 and 45 CFR160.103, are confidential under HIPAA privacy
                                   rules, 45 CFR Part 160 and 164, and ORS 192.520 and 179.505 to 509.
                         b.        Notwithstanding subsection (a) of this rule, the Department and OIT will
                                   make the confidential information, including any photographs,
                                   available, if appropriate, to any law enforcement agency, to any public
                                   agency that licenses or certifies facilities or licenses or certifies the
                                   persons practicing therein, and to any public agency providing
                                   protective services for the adult. The Department and OIT will also
                                   make the protective services report and underlying investigatory
                                   materials available to any private agency providing protective services




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                          Page 72 of 74
                                   for the adult and to the protection and advocacy system designated
                                   pursuant to ORS 192.517(1).
                         c.       Persons or entities receiving confidential information pursuant to this
                                  rule must maintain the confidentiality of the information and may not
                                  re-disclose the confidential information to unauthorized persons or
                                  entities, as required by state or federal law.
                         d.       When the report is completed, a redacted version of the abuse
                                  investigation report not containing any confidential information, the
                                  disclosure of which would be prohibited by state or federal law, will be
                                  available for public inspection.
               2.          The OIT report will be disclosed by OIT or the Superintendent to:
                           a.     The Administrator of the Department; and
                           b.     Any person designated by the Superintendent for purposes related to the
                                  proper administration of the hospital such as assessing patterns of abuse
                                  or to respond to personnel actions and may be disclosed at the
                                  Superintendent’s discretion;
                           c.     The individual involved;
                           d.     The guardian of an adjudicated incapacitated person; and
                           e.     The person or persons who allegedly abused the individual.
               3.          Copies of all reports will be maintained by the Superintendent in a place
                           separate from personnel files of employees. The chart of the individual
                           allegedly abused must contain a reference to the report sufficient to enable
                           authorized persons to retrieve and review the report.
               4.          Upon completion of the report the Superintendent shall immediately give
                           notice to:
                           a.           The individual or guardian;
                           b.           The employee, volunteer, contractor, or contractor’s employee or
                                        other person accused of abuse; and
                           c.           The Administrator of Health Services,
                           stating whether the allegation was substantiated, unsubstantiated, or
                           inconclusive.
IV.       Training and Education
          A.        Each individual must be informed upon admission and his or her guardian, if any,
                    or his or her family will also be informed orally and in writing of the rights,
                    policies, abuse definitions and procedures concerning prohibition of abuse of
                    individuals.
          B.        All staff will be provided a copy of this rule, either at the commencement of their
                    employment, and/or duties, or, for current staff, within 90 days of the effective date



RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                     Page 73 of 74
                    of this rule and once a year thereafter. All staff must sign a form acknowledging
                    receipt of this information on the date of receipt.
          C.        A clear and simple statement of the title and number of this policy and how to seek
                    advice about its content will be prominently displayed in areas frequented by
                    individuals at Oregon State Hospital.
                    A summary of this Policy and Procedures shall be posted outside the Oregon State
                    Hospital – Salem Communication Center, in the lobby of the Administration
                    Building for Oregon State Hospital – Salem, and in the reception area at Oregon
                    State Hospital – Portland. The complete copy will be provided to any member of
                    the public upon request.
          D.        No hospital employee or other person will retaliate against any person who reports
                    in good faith suspected abuse or against the individual with respect to any report.
          E.        Any state hospital employee or other person who retaliates against any person
                    because of a report of suspected abuse or neglect will be liable according to ORS
                    430.755, in a private action to that person for actual damages and, in addition, will
                    be subject to a penalty of up to $1,000, notwithstanding any other remedy provided
                    by law.
V.        REFERENCES
         OAR 410-011-0000 through 410-011-0120
         ORS 124.050, Elder Abuse;
         ORS 418.746, Child Abuse;
         ORS 441.630, Nursing Home Abuse;
         ORS 430.735, Abuse of Adults Receiving Developmental Disability or Mental Health
         Services;
         ORS 179.505, Confidentiality;
         OSH Policies and Procedures 8.019, Staff Response to Alleged Criminal Acts, Including
         the Introduction of Contraband;
         Mental Health and Developmental Disability Services Division Handbook on
         Confidentiality.
Replaces OSH Policy and Procedure 7.008, Abuse of Hospitalized Patients, and Reporting
Allegations of Abuse of Non-Hospitalized Children, Adults and Elderly Persons, dated 12/17/
2002.




RFP #3138 Hematology Analyzer Final 2010 09 09.doc                                   Page 74 of 74

				
DOCUMENT INFO