BID NO. 256102 OXYGEN BOTTLES AND SERVICE

BID NO. 256102 OXYGEN BOTTLES AND SERVICE X CITY OF SALEM, OREGON CONTRACTS & PROCUREMENT FOR THE SALEM FIRE DEPARTMENT OXYGEN BOTTLES AND SERVICE BID NO. 256102 CLOSING DATE: FEBRUARY 18, 2026 CLOSING TIME: 11:00 a.m. (LOCAL TIME) Invitation to Bid Page 1 CITY OF SALEM, OREGON CONTRACTS & PROCUREMENT INVITATION TO BID OXYGEN BOTTLES AND SERVICE The Contracts and Procurement Manager of the City of Salem will receive bids electronically through Equity Hub’s Bid Locker , until, but not after 11:00 a.m., (Local Time) FEBRUARY 18, 2026, at which time said bids will be publicly opened and read virtually using Zoom. The Zoom call in information will be posted on OregonBuys at least 3 days prior to bid opening date and time. ***********************************NOTICE************************************** Bidders may obtain these bid documents by registering on the OregonBuys website and downloading them. Bidders shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The City shall advertise all Addenda on OregonBuys. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Bid documents will not be mailed to prospective Bidders. ******************************************************************************* Bids must be submitted on the bid forms furnished by the City. Completed bids must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept bids submitted in any other manner. NO LATE BIDS WILL BE ACCEPTED. Your bid must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non -receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each bid is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Need Help with Equity Hub’s Bid Locker ? Please contact Equity Hub at help@equityhub.us or (267) 225 -1407 for technical questions related to your submission. The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker. WORK DESCRIPTION: Oxygen Bottles and Service. The City reserves the right to cancel this procurement or reject any or all bids, when the cancellation or rejection is in the best interest of the City. Prices quoted shall be firm offers, irrevocable, valid and binding for a period of thirty (30) calendar days after the closing date. Any question upon this bid must be submitted in writing to the Contracts & Procurement Division, Office of the Contracts and Procurement Manager, by email: sself@cityofsalem.net. They must be received no later than FEBRUARY 11, 2026 at 5:00 PM (local time). Invitation to Bid Page 2 The attention of Bidders is directed to the provisions of Chapter 97, Salem Revised Code, concerning unlawful employment practices. Violation of such provisions shall be grounds for immediate termination of this agreement without recourse by the Successful Bidder. Successful Bidders and subcontractors shall use recyclable products to the maximum extent economically feasible in the performance of the work. The City Council of the City has approved Salem Revised Code (SRC) 2.380(b), which provides for Contractor Disclosure requirements in City contracts. All Bidders submitting a bid in response to this Invitation to Bid are encouraged to review these requirements when preparing their competitive bid. The City is an Equal Employment Opportunity Employer. The City will provide ADA accommodations upon request to the Contracts & Procurement Manager. HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non -discrimination laws . The City’s complete Title VI Plan may be viewed at www.cityofsalem.net. Successful Bidder agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a n agreement by the City. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the successful Bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful Bidder of the successful Bidder's obligations under this agreement, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. Inquiries concerning the bid specifications shall be directed to: Kelsey Hutchinson, Contract Administrator, Phone: 503-589-2134 or email: khutchinson@cityofsalem.net The Ci ty Buyer for this bid is Lindsey Bergerson, phone: 503 -588-6093 or email: libergerson@cityofsalem.net Shawna Self, CPPB, Manager Contracts & Procurement BID NO. 256102 CLOSING DATE: FEBRUARY 18, 2026 11:00 a.m. (LOCAL TIME) Instructions/Information for Bidders Page 1 INSTRUCTIONS/INFORMATION FOR BIDDERS 1. FORM OF PROPOSAL: A form for bidding is attached. All bids must be clearly and distinctly typed or written with ink or indelible pencil. All bids shall be on the form furnished by the City, and in addition to necessary unit price items and total prices in the column of totals to make a complete bid, all applicable blanks giving general information must be filled in and the bid signed, in ink, by the Bidder or a duly authorized agent. Any statement accompanying and tending to qualify a bid may cause rej ection of such bid, unless such statement is required in a proposal embracing alternative bids. The City shall not consider, and is not responsible for, bids submitted in any manner other than that required or permitted in the solicitation document. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Unless otherwise specified, Bidders shall bid on all bid items included in this solicitation document and the low Bidder shall be determined as noted in the AWARD statement within these Instructions/Information for Bidders. Except as provided herein, bids which are incomplete, or fail to reply to all items required in this solicitation document, will be rejected. 2. RECEIPT OF BID: The Bidder is responsible for ensuring the City receives the bid at the required delivery point prior to the closing date and time, regardless of the method used to submit the bid. 3. LATE BIDS, LATE WITHDRAWALS AND LATE MODIFICATIONS: Bids received after the scheduled closing time for filing bids, as set forth in the Invitation to Bid will be rejected and returned unopened to the Bidder unless such closing time is extended by the City. A Bidder's requests for modification of a bid, or withdrawal of a bid, received after closing is late. The City shall not consider late bids, late requests for modifications or late withdrawals. 4. MODIFICATION OR WITHDRAWAL OF BID: A Bidder may modify their bid, in writing, prior to bid closing. The Bidder shall initial and submit any correction or erasure to its bid prior to the opening, in accordance with the instructions for submitting a bid set forth in this document. 5. REJECTION OF BIDS: The City reserves the right to reject any or all bids in whole or in part or waive irregularities when in the best interest of the City. 6. PRICE DISCREPANCY: In case of discrepancy between unit prices and extensions, the unit prices shall govern. 7. HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 a nd other federal non -discrimination laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net. Successful Bidder agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded an agreement by the City. Instructions/Information for Bidders Page 2 Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the successful Bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful Bidder of the successful Bidder's obligations under this agreement, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The Bidder agrees that no person shall, on the grounds of race, religion, color, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this contract when employed by Bidder. Bidder agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Bidder agrees not to discriminate against a disadvantaged business enterprise, a minority- owned business, a woman-owned business, a business that a service -disabled veteran owned, or an emerging small business enterprise certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110. 8. F.O.B. POINT: The bid price shall include delivery, F.O.B. City of Salem destination point. 9. TIME DISCOUNTS: Due to the City's schedule for payment of invoice, discounts allowed for payment in less than thirty (30) calendar days from receipt of material and invoice cannot be considered in the award of the bid. 10. ALTERNATE BIDS: Bids which contain conditions which will alter or modify the bid form, specifications, or other bidding documents shall not be considered as responsive bids and are unacceptable. 11. FACSIMILE BIDS: will not be accepted. 12. FEDERAL EXCISE TAXES: Prices bid shall exclude federal excise taxes from which municipal agencies are exempt. 13. REQUEST FOR CHANGES TO SPECIFICATIONS: Technical questions relating to the requirement of this bid and/or the bid process should be directed in writing to Shawna Self, CPPB, Manager, Contracts and Procurement, email: sself@cityofsalem.net. Any person who contemplates submitting a bid in response to this Invitation to Bid and who finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any part of the bid document must submit to the Contracts and Procurement Manager of the City a written request for a clarification or interpretation thereof no later than FEBRUARY 11, 2026 at 5:00 PM (local time). Any clarification or interpretation of the bid documents will be made only by written notification. The City is not responsible for any explanation, clarification or interpretation given in any manner except by written notification. Any person who contemplates submitting a bid in response to this Invitation to Bid and who wishes to have the City consider a change in any part of the bid document must submit to the Contracts and Procurement Manager of the City a written request for a change or substitution no later than FEBRUARY 11, 2026 at 5:00 PM (local time). The request must include the proposed change and the reason for the change. Changes to this bid document shall only be by written Instructions/Information for Bidders Page 3 addenda. 14. PROTEST OF SOLICITATION DOCUMENT AND THE PROCUREMENT PROCESS : A prospective Bidder may protest the procurement process or the solicitation document for a n agreement. A prospective Bidder must deliver a written protest to the City Manager ’s Office, 555 Liberty Street SE, Room 220, Salem OR 97301, no later than FEBRUARY 11, 2026 at 5:00 PM (local time). In addition to the information required by ORS 279B.405(4), a prospective Bidder's written protest shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective Bidder believes will remedy the conditions upon which the prospective Bidder based its protest. Protests to addenda are described in paragraph 26 of this Instructions/Information for Bidders. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. A full description of the City's protest policy as presented in the Public Contracting Rules are available at: www.cityofsalem.net, Contracts & Procurement. 15. OBLIGATION TO AWARD: The City's obligation to award this bid is contingent upon appropriation or approval of funds. 16. AGREEMENT: The successful Bidder will be required to sign a n agreement to deliver to the City at the prices bid for a period of twelve (12) months beginning the date of contract execution meeting the specifications and conditions set forth herein. It is the City’s intent to award an Agreement in substantially the form of the Agreement attached to this bid document. Bidders may submit an alternative Agreement for City’s review. The City, at its sole determination, may approve the Bidder’s offered Agreement as is, require modifications, or reject the Bidder’s Agreement and require that the City’s Agreement be executed for the purpose of this bid. 17. AWARD: shall be made to the lowest responsive Bidder TOTAL BID. All items must be bid. It is anticipated that this bid will be awarded within thirty (30) calendar days after closing date of bid. The quantities of service required are estimates only. The compensation to the successful Bidder will be based upon the actual quantities of work provided, paid for at the rate bid. 18. EVALUATION OF BIDS: Bids shall be evaluated only as set forth in the solicitation document, and in accordance with the Public Contracting Rules (PCR) and any other applicable law. 19. NONRESIDENT BIDDERS: In determining the lowest responsive bid or most advantageous proposal, the City shall apply the reciprocal preference. When evaluating bids, a percentage increase shall be added to the bid of a non -resident Bidder equal to the percentage, if any, of the preference that would be given to that Bidder in the state in which the Bidder resides. The list prepared and maintained by the Oregon Department of Administrative Services pursuant to ORS 279A.120(4) will be used to determine wh ether the non-resident Bidder's state gives preference to in-state Bidders and the amount of such preference. 20. CLARIFICATION OF BIDS: After opening, the City may engage in discussions with apparent Instructions/Information for Bidders Page 4 responsive Bidders for clarification of bids, to assure full understanding of the bids and to determine whether an offer is responsive. All Bidders submitting bids needing clarification shall be afforded an opportunity to clarify their bids. 21. NEGOTIATIONS PROHIBITED: The City will not negotiate with any Bidder. 22. BRAND NAMES: are used only to establish an acceptable standard of quality and are not intended to eliminate competitive bidding. If you anticipate bidding item(s) that are not listed in this solicitation document, product information outlining the product(s) compliance with the bid specifications, must be submitted to and received at the email: contracts@cityofsalem.net, Contracts & Procurement Division, Office of the Contracts and Procurement Manager no later than FEBRUARY 11, 2026 at 5:00 PM (local time ). For Samples of the products which you intend to submit a bid on, along with a written request to have the product approved as an equal must accompany the product information and be mailed to Contracts & Procurement Division, 555 Liberty St SE, Room 330, Salem, OR 97301 .No bids will be accepted for products that are not listed in this solicitation document or for which a request for approval as an approved equal has not been received by the above stated deadline. The City will make a determination of the acceptability of the product as an approved equal. If the determination has not been reached prior to three (3) City business days before the bid closing, you may submit a bid based on the item in question. The b id shall be opened and read at the scheduled bid closing time; however, no recommendation for award of the bid will be made until the question of product acceptability has been resolved. "APPROVED EQUALS" Any specification that is followed by the words "or approved equal": may be reviewed, at the Bidder's request, ONLY IF THE BIDDER PROPERLY SUBMITS A SUBSTITUTION REQUEST FORM in the manner described as follows: A. "OR APPROVED EQUAL" materials, products, or services require approval by addendum PRIOR TO BID CLOSING. Materials, products, or services which the Bidder proposes to substitute, and which they consider equal to those specified, MUST BE SUBMITTED ON THE SUBSTITUTION REQUEST FORM AND RECEIVED BY THE CONTRACTS & PROCUREMENT MANAGER NOT LATER THAN FEBRUARY 11, 2026 at 5:00 PM (local time ) City staff reserves the right to request additional information that will aid them in their substitution evaluation. Approval of materials, products, or services determined to be equivalent will be issued by addendum prior to the bid closing date. Substitution Request Forms are located at the end of this Instructions/Information for Bidders section. 23. COOPERATIVE PURCHASING: Pursuant to ORS 279A.200 to 279A.225, other public agencies may use the purchase agreement resulting from this invitation to bid unless Bidder expressly notes on the proposal form that the prices quoted are available to the City only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remed ies directly with the successful Bidder; the City accepts no responsibility for performance by either the successful Bidder or such other agency using this agreement. With such condition, the City consents to such use by any Instructions/Information for Bidders Page 5 other public agency. 24. SAFETY DATA SHEETS: Bidder shall furnish material safety data sheets per OAR 437, Division 155, for all chemical items furnished to the City. 25. ADDENDA: In the event that it becomes necessary to revise any part of this Invitation to Bid, the addenda will be posted on OregonBuys. Prospective Bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than 72 hours before closing unless the addenda also ext end the closing date. A request for change to an addendum must be made not later than the close of the next business day following issuance of the addendum. Bids received without properly signed addenda will be considered non-responsive and will not be further considered for contract award. 26. PROTESTS OF ADDENDA: A Bidder may submit a written protest to an addendum within forty-eight hours by the close of the City's next business day after issuance of the addendum. The written protest shall include: (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the groun ds on which the protest is based; (4) identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the Bidder believes will remedy the conditions upon which the Bidder based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. A prospective Bidder must deliver a written protest to the City Manager’s Office, 555 Liberty Street SE, Room 220, Salem, OR 97301 by FedEx, UPS, or USPS only. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. A full description of the City's protest policy as presented in the Public Contracting Rules are available at: www.cityofsalem.net, Contracts & Procurement. 27. INCURRED COSTS: Neither the City, nor its agents, are liable for any cost incurred by Bidders prior to issuance of an agreement, contract, or purchase order. All prospective Bidders who respond to a City procurement do so solely at the Bidder's cost and expense. 28. LAWS OF THE STATE OF OREGON: By submitting a response to this solicitation, Bidder agrees that: Any terms and conditions stated within any agreement that is awarded as a result of this solicitation shall also include the following: A. The following laws of the State of Oregon are hereby incorporated by reference into the agreement: ORS 279B.220, 279B.225, 279B.230, and 279B.235. B. Any agreement awarded and/or purchase order issued as a result of this solicitation shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under the agreement shall be in the Circuit Court of the State of Oregon for Marion County unless exclusive jurisdiction Instructions/Information for Bidders Page 6 is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. The City and successful Bidder expressly waive any and all rights to maintain an action under the agreement in any other venue and expressly consent that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. C. SUCCESSFUL BIDDER’S COMPLIANCE WITH TAX LAWS Successful Bidder represents and warrants to the City that: Successful Bidder shall, throughout the term of this a greement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Successful Bidder; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Successful Bidder, for a period of no fewer than six (6) calendar years preceding the Effective Date of this agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Successful Bidder; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Successful Bidder’s failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this agreement. Further, any violation of successful Bidder’s warranty, as set forth in this Article, shall constitute a material breach of this agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. Any Work delivered to the City under this Agreement shall be provided to the City free and clear of any and all restrictions on or conditions of its use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mor tgages, security interests, liabilities, charges, and encumbrances of any kind. 29. CONTRACTOR DISCLOSURE REQUIREMENT: The Salem City Council has approved SRC 2.380(b) relating to Contractor Disclosure requirements in City bid documents. The Contractor Disclosure Ordinance requires that prior to agreement award the low Bidder shall provide answers to all five (5) Contractor Disclosure Requirement questions presented on the Proposal pages of this bid document. ALL Bidders are ENCOURAGED to submit the answers to these five (5) questions with their bid. 30. PUBLIC INSPECTION OF BIDS: After bid opening or notice of intent to award is issued, as applicable, bids will be available by submitting a Public Records Request through the City Recorder’s Office: www.cityofsalem.net, City Recorder. Instructions/Information for Bidders Page 7 31. RECYCLED MATERIALS PREFERENCE: In the procurement of goods, preference shall be given to goods manufactured from recycled materials. In comparing goods from two or more Bidders, if at least one Bidder offers goods manufactured from recycled materials, the Bidder offering goods manufactured from recycled materials shall be selected if each of the following four conditions exists: (1) The recycled product is available; (2) The recycled product meets applicable standards, as set forth in the solicitation document; (3) The recycled product can be substituted for a comparable non-recycled product; and (4) The recycled product's costs do not exceed the cost of non-recycled products by more than five percent, or such higher percentage as determined applicable to a specific procurement by the City Manager, in writing and set forth in the solicitation docum ent. The percent preference provided in this subsection shall only apply to the value of that portion of the offer that offers recycled products containing verifiable recycled contents. To be eligible for the preference under this section, a Bidder must: (1) Request the preference in their bid; (2) Indicate in the offer the materials considered relevant for the preference; and (3) Identify the minimum or, if available, the approximate or exact, percentage of recycled product in all goods offered. 32. NOTICE OF INTENT TO AWARD: The City intends to award a procurement contract for those items required within this bid, seven (7) days after bid closing date and time. The City shall post the written notice of intent to award on OregonBuys. No further written notice will be provided to Bidders. 33. PROTEST OF INTENT TO AWARD: A Bidder may protest the award of a n agreement or the intent to award such a n Agreement, whichever occurs first, if the following conditions are satisfied: (1) The Bidder must be adversely affected because the Bidder would be eligible to be awarded the agreement in the event the protest is successful; (2) The reason for the protest is that all the lower bids or higher ranked proposals are non -responsive, the City has failed to conduct the evaluation of Proposals in accordance with the criteria or processes descri bed in the Solicitation Document, the City has abused its discretion in rejecting the protestor's bid as non - responsive or the City's evaluation of the bids or t he subsequent determination of a ward is otherwise in violation of ORS 279A or 279B. The Bidder must deliver the written protest to the City Manager’s Office, 555 Liberty Street SE, Room 220, Salem OR 97301 , by FedEx, UPS, USPS, within seven (7) days after issuance of the notice of intent to award the agreement or if no notice of intent to award is issued, within forty-eight hours after award. A Bidder's written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a Bidder's agreement award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. A full description of the City's protest policy as presented in the Public Contracting Rules are available at: www.cityofsalem.net, Contracts & Procurement. Instructions/Information for Bidders Page 8 34. DEBARMENT OF BIDDER: The A prospective Bidder must deliver a written protest to the Contracts and Procurement Manager may debar prospective Bidders from consideration for contracts for a period of not more than three years if: (1) The prospective Bidder has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) The prospective Bidder has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently , seriously and directly affects the prospective Bidder’s or proposer’s responsibility as a successful Bidder; (3) The prospective Bidder has been convicted under state or federal antitrust statutes; (4) The prospective Bidder has committed a violation of a contract provision and debarment for such a violation was listed in the contract terms and conditions as a potential penalty. A violation may include, but is not limited to, a failure to perform the terms of a contract or an unsatisfactory performance of the terms of the contract. A failure to perform or an unsatisfactory performance caused by acts beyond the control of the successful Bidder may not be considered to be a basis for debarment; or (5) The prospective Bidder does not carry workers’ compensation or unemployment insurance as required by applicable law. The Contracts and Procurement Manager shall give written notice of the reasons for the debarment and the proposed length of debarment to the person for whom debarment is being considered. The Bidder shall be given not less than fourteen (14) days to respond to the Contracts and Procurement Manager in writing. The Contracts and Procurement Manager shall issue a written decision that states the reason for the action taken and that informs the Bidder of the Bidder’s appeal rights. 35. BIDDING BY CITY EMPLOYEES PROHIBITED: The City will not purchase any goods or services from City employees unless City Council expressly authorizes the purchase or the purchase is necessary during a state of emergency and the City Manager approves the purchase. 36 PAY EQUITY COMPLIANCE: As required by ORS 279B.235, Bidder shall comply with ORS 652.220 and shall not discriminate against any of Bidder’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class. Commencing on January 1, 2019, Bidder must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Bidder’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Bidder’s compliance with this article constitutes a material element of this Agreement and a failure to comply constitutes a breach that entitles the City to terminate this Agreement for cause. Bidder may not prohibit any of Bidder’s employees from discussing the employee’s rate of wage, Instructions/Information for Bidders Page 9 salary, benefits, or other compensation with another employee or another person. Bidder may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. If selected for award and as applicable, Bidder shall submit to the City a true and correct copy of an unexpired Pay Equity Compliance Certificate issued by the Oregon Department of Administrative Services (under ORS 279A.167). The Bidder upon completion of the curriculum and assessment understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Bidder employs 50 or more full time workers and submitted a Bid for a procurement with an estimated contract price that exceeds $500,000. See https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx for training requirements. Substitution Request Form Page 1 SUBSTITUTION REQUEST FORM TO: The City of Salem Contracts & Procurement Division BID NO. 256102 email: contracts@cityofsalem.net Substitution Request Forms must be received no later than FEBRUARY 11, 2026 at 5:00 PM (local time). PROJECT: OXYGEN BOTTLES AND SERVICE Specified Item: Section Page Paragraph Description The undersigned Proposer/ Bidder submits and requests consideration and determination of the following proposed substitution as an "Approved Equal" for the Specified Item: PROPOSED SUBSTITUTION: Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request; applicable portions of the data are clearly identified. The City reserves the right to request additional information of a clarifying nature. Attached data also includes description of changes to contract documents which proposed substitution will require for its proper installation or use. The undersigned states that the following paragraphs, unless modified on the attachments are correct: 1. The proposed substitution does not change the quality from the product description in the bid specifications. 2. The proposed substitution will have no adverse affects when used with existing product(s) described within the specifications, or with delivery schedule, or specified warranty requirements. 3. Support, maintenance, and service parts will be locally available for the proposed substitution. 4. References from satisfied users of the proposed substitution item shall be made available to the City with this request form. The undersigned further states that the function, appearance and quality of the proposed substitution are equivalent or superior to the specified item. Submitted by: Signature Firm Address Date Email: For use by Contract Administrator  Accepted  Accepted as noted  Not accepted  Received too late By Contract Administrator Date Remarks General Conditions Page 1 GENERAL CONDITIONS FOR SERVICES 1. PERMITS AND LICENSES The successful Bidder shall be required to have or to obtain, at their expense, any and all permits and licenses required by the City, State of Oregon, County or other agencies pertaining to the service they propose to furnish. 2. PURPOSE AND USAGE OF CITY ANNUAL REQUIREMENTS CONTRACTS The City appreciates the contractual relationship established between your firm and the City with the purpose of providing goods and services that meet the annual operating requirements the City uses in furnishing services to the citizens of Salem. The terms, conditions, and pricing of agreements between City and successful Bidder shall extend solely to those transactions between City and successful Bidder and shall not be extended to any individual City employee for the City employee’s personal benefit. City employees shall not receive any discounts, favoritism, or other benefits either because of the contractual relationship between City and successful Bidder, or as a result of the employee’s position as a City employee, except for those discounts or other benefits that are available to the general public at large. Successful Bidders are encouraged to report any City employee using his or her status as a City employee to request or otherwise receive any discount, favoritism, or other benefit that is not otherwise available to the general public by notifying the City Contracts and Procurement Manager in writing at City of Salem, Contracts and Procurement, 555 Liberty Street, SE, Room 330, Salem, Oregon 97301. 3. PROJECT FAMILIARITY It shall be the responsibility of the Bidder to inspect and familiarize themselves with the project or projects and all things necessary for the submittal of a competitive bid. 4. INSURANCE The successful Bidder shall not commence work under this agreement until they have furnished the City with satisfactory proof of the insurance specified herein: a. Insurance - Maintain such casualty insurance as will protect the successful Bidder and City from any and all claims which may arise from operations under this agreement or in connection therewith, including all operations of subcontractors. Insurance shall provide limits not less than $2,000,000 combined single limits comprehensive general liability or commercial general for bodily injury, personal injury and property damage, and automobile liability coverage, if the City specifications require the Successful Bidder to drive, in not less than the same limits for bodily injury and property damage. Such insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insured the City, it's officers, agents and employees and those for whose conduct the City is subject to action or suit pursuant to ORS 30.265(1); and shall further provide that the policy shall not be terminated or be canceled prior to the completion of this agreement without thirty (30) days prior written notice to the City. See attached sample. b. WORKERS' COMPENSATION LAW: All subject employers working under this General Conditions Page 2 agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 5. OBSERVANCE/COMPLIANCE OF LAWS, ORDINANCES & REGULATIONS The Successful Bidder shall observe and comply with all Federal, State and local laws, ordinances, regulations and safety codes that in any manner affect the conduct of their work and shall indemnify and save harmless the City and all of its officers, agents and employees agai nst any claim or liability arising from or based upon the violation of any such law, ordinance, or regulations whether by themselves or their employees. The successful Bidder shall be liable for all applicable Federal, State and local taxes. 6. REFERENCES The Bidder may submit with their bid at least three (3) references or letters of recommendation and give the contact name and phone number of each reference. 7. INSPECTIONS Inspections shall be made and billings submitted monthly. Maintenance and repairs shall be performed as required. 8. CHARACTER OF WORKMEN All personnel employed by the successful Bidder shall be experienced in and capable of doing the kind of work assigned to them. The successful Bidder shall furnish the Contract Administrator a list of all employees that will work on City property, ten (10) City business days prior to assigning them to work on any City property. This list shall include the employee's full name. a. The Successful Bidder shall be responsible for on site supervision of the work which their employees are performing under th is agreement to insure its complete and satisfactory performance in accordance with the terms of th is agreement. A supervisor will be available to receive instructions from the City's representatives as to work which is required to be done or improved upon. b. All persons employed on the work force shall, while on the premises, comply with all building regulations. c. The successful Bidder will be responsible to see that their employees do not disturb papers on desks, open desk drawers or cabinets, or use any telephones other than one that may be designated for their use. 9. SUCCESSFUL BIDDER'S DEFAULT: 9.l. Non-Performance of assigned work functions or defective work : In the event the successful Bidder does not perform assigned work functions or refuses to correct any defective work within ten (10) City business days after written notice by the Contract Administrator; or if performance by the successful Bidder is suspended for any reason, the City may, at its option, obtain the services of another successful Bidder to perform such correction or continued service and deduct the difference between the actual price charged by the Successful Bidder plus ten percent (10%) for administrative expense, and General Conditions Page 3 the price posed on unit prices bid by the successful Bidder for the work thus performed from any future payments to the successful Bidder; and, if such replacement costs exceed any sums owing the successful Bidder upon expiration or termination of this agreement, may bring an action against the successful Bidder for their recovery. 9.2. Termination for Cause. In the event the City terminates this agreement for cause, the City may obtain the services of another vendor to perform for the remainder of the term of this agreement, and upon completion of the term may bring an action against the successful Bidder for the recovery of the difference between the actual prices paid to the replacement vendor plus ten percent (10%), and the price based on unit prices bid by the successful Bidder for the same work. 9.3. Termination Without Cause. Either party may terminate this agreement upon thirty (30) calendar days written notice to the other, with or without cause, for any reason whatsoever. Upon the termination of this agreement, for any reason or for no reason, each party shall be released from all obligations and liabilities to the other occurring or arising after the date of such termination, except that any termination of th is agreement shall not relieve client's obligation to pay for services already rende red nor shall any such termination relieve either party of its obligations or from any liability arising from any breach of this agreement. General Conditions of Termination: All warranty obligations, indemnity and defense obligations, and successful Bidder's insurance coverage obligations with respect to occurrences happening before termination of this agreement, shall survive termination of this agreement and such provisions and obligations shall remain in full force and effect as originally specified in the agreement. 9.4. Cause for Termination . Any of the following may, at the City's option, be cause for termination of this agreement: 9.4.l. Failure or refusal of the successful Bidder to actively pursue performance of any assigned work for a period of ten (10) consecutive calendar days. 9.4.2. Failure or refusal of the successful Bidder to complete three or more specific tasks assigned or corrections not covered under Section 9.l, within ten (10) calendar days after written notices to do so. 9.4.3. Cancellation or expiration and/or non -provision of the required workers' compensation, public liability and property damage insurance coverage, fidelity bond, and the performance and payment bond. 9.4.4. Any false or misleading statement made by the successful Bidder or their agent to any agent of the City on, with, or prior to their Proposal and concerning any matter relevant to their qualifications to perform the work subject of this agreement. 9.4.5. Death or adjudication of incompetency of an individual successful Bidder operating as a sole proprietor, or of all individual general partners and individual General Conditions Page 4 joint ventures of successful Bidder operating as a partnership or joint venture. 9.4.6. Dissolution of a corporate successful Bidder. 9.4.7. The filing of voluntary bankruptcy proceedings by the successful Bidder, or adjudication that the successful Bidder is bankrupt. 9.4.8. Any assignment of the successful Bidder's rights or obligations under this agreement, including subcontracts and pledges of amounts receivable by the successful Bidder as collateral, unless approved in writing by the City. 9.5 Manner and Effect of Termination . Termination for any cause specified in 9.4 shall be effective upon receipt by the successful Bidder or their agent of written notice setting forth the grounds therefore. In the case of termination pursuant to paragraph 9.4.3, termination is automatic without further notice by the City, whether or not the City is aware of the cancellation or expiration of the insurance or not. The importance of the provisions concerning maintenance of liability and workers' compensati on coverage is such that automatic termination is imperative and work performed by the Successful Bidder after the date of termination or during a period suspension is hereby agreed to be voluntary and non-compensable under this agreement. 9.6. Reinstatement. After termination and before the City has awarded any agreement to a replacement successful Bidder, the successful Bidder may present evidence or assurance that they have or will remedy the cause for termination and request reinstatement of the agreement. The City may, in its discretion, either deny the request or, in writing, reinstate the Agreement with any amendments or conditions accepted, in writing, by the successful Bidder. 9.7. Attorney Fees . In the event of litigation seeking to enforce the provisions of this agreement, the prevailing party shall recover the reasonable amount of attorney fees necessary to prosecute or defend such action. As used herein, "litigation" includes appeal and judicial review from any judgment entered in a court of law. 10. TERMINATION FOR LACK OF APPROPRIATIONS: The City may terminate all or portions of this agreement for lack of funds, if the successful Bidder is notified by certified mail thirty (30) calendar days in advance. 11. ADDITIONAL WORK Upon written instruction from the City, the successful Bidder shall perform additional work, for which no provision is made herein, as the City may consider necessary and such additional work shall be done in the best workmanlike manner according to the instructions of the City. This work shall be paid for at the rate bid in the successful Bidder's proposal. Any extra work done without prior written authorization by the Contract Administrator will be considered as unauthorized work and will not be paid for by the City. General Conditions Page 5 12. LIQUIDATED DAMAGES FOR NONCOMPLIANCE TO FREQUENCY SCHEDULE AND/OR FOR NONPERFORMANCE If the successful Bidder fails to perform the work in the manner specified in this bid , or if the successful Bidder fails to comply with the scheduled frequency for the performance of any part of the work, the City may, at its option, take the following actions: 12.1. Notify the successful Bidder of the problem (failure to perform or unsatisfactory performance). 12.2. Give the successful Bidder twenty-four (24) hours to correct the problem to the City's satisfaction. 12.3. If the problem has not been corrected by the end of the twenty -four (24) hour period, the City may correct the problem, record the cost for correcting the problem, and deduct the cost from any outstanding amounts earned by, but not yet paid to the successful Bidder. 12.4. If the successful Bidder repeatedly fails to perform according to the terms of the agreement, the City shall document each occurrence and may at its discretion terminate the agreement. 13. CITY HOLIDAYS The City recognizes and observes eleven (11) days a year as legal holidays. During these holidays when a facility is totally closed and no City employees are scheduled to work or where the general public does not have access to use the facility, all services may be suspended for that day. Where any facility is not closed and City employees are scheduled to work or where the general public may have access, the successful Bidder shall perform all duties as spec