OHSU

Terms & Conditions

Contracts for the Purchase of Goods

Standard Terms and Conditions for Professional Service Contracts

Standard Terms and Conditions for Purchase of Service or Goods and Medical Devices

  

Facilities Project Management Contracts

CM/GC

General Contractor

Architectural Services

Engineering Services

 

VGTI-Specific Terms and Conditions are available here.

 

General Terms and Conditions for:

 

Right To Know and Product Stewardship

End Stage Renal Disease - ESRD

Pediatric Advanced Life Support - PALS

Community Nurse Training - CNT

Organ Procurement - PNTB

Network Connectivity Services - VPN

 

COMPLIANCE WITH APPLICABLE LAWS AND POLICIES

Independent contractor: the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Oregon revenue and taxation law, and Oregon workers' compensation law. Cite: Equal Employment Opportunity and Civil Rights (EO 11246) found at http://www.dol.gov/compliance/guide/discrim.htm.

Notification of Employee Rights under Federal Labor Laws: (EO 13496): http://www.dol.gov/olms/regs/compliance/EO13496.htm

Office of Federal Contract Compliance Programs (OFCCP): http://www.dol.gov/dol/cfr/Title_41/Chapter_60.htm

False Claims Act (42 USC Section 1396a(a)): FCA statute http://www.law.cornell.edu/uscode/text/31/3729;OHSU polices about waste and abuse: https://o2.ohsu.edu/policies-and-compliance/ohsu-policy-manual/chapter-9-fees-schedules/ohsu-policy-09-10-040.cfm

Safety and Health Requirements: Goods and services provided shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements and with all Oregon safety and health requirements, including those of the State Worker's Compensation Division. See https://www.osha.gov/ .

Workers Compensation: Contractor shall maintain in force at its own expense Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, and as defined by ORS 656.027). See http://www.leg.state.or.us/ors/656.html

 

DIVERSITY

See ORS 353.130 where OHSU subscribes to state contracting policies: http://www.oregonlaws.org/ors/353.130

OHSU's public info about diversity efforts: http://www.ohsu.edu/xd/about/vision/center-for-diversity-inclusion/index.cfm

 

EXPORT COMPLIANCE

International Traffic in Arms Regulation:

http://www.pmddtc.state.gov/regulations_laws/itar_official.html

The U.S. Department of State through the Directorate of Defense Trade Controls (DDTC) administers the International Traffic in Arms Regulations (22 CFR §§120-130), or "ITAR," which regulate items and information inherently military in design, purpose, or use. Referred to as "defense articles," such items are found on the U.S. Munitions List (USML). This term includes technical data recorded or stored in any physical form, models, mockups, or other items that reveal technical data directly relating to items designated in the USML. It does not include basic marketing information on function or purpose or general system descriptions.

 

Export Administration Regulations (EAR):

The U.S. Department of Commerce administers the Export Administration Regulations(15 CFR §§730-774), or "EAR," which regulate the export of "dual-use" items. These items include goods and related technology, including technical data and technical assistance, which are designed for commercial purposes, but which could have military applications, such as computers, aircraft, and pathogens.

 

The list of EAR-controlled items (the Commerce Control List, or "CCL") is published at 15 CFR §774, Supplement 1. An alphabetical list of CCL items is accessible at:

http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf.

 

FEDERAL AND STATE PROGRAM ELIGIBILITY

Debarred Contractors

Federal legal and regulatory requirements call for health care providers receiving federal health care funding (from Medicare, Medicaid, CHAMPUS) screen potential and current employees and contractors to assure that they are not excluded from federal health care programs or debarred from other federal programs.Individuals or contractors may be excluded for such reasons as convictions for patient abuse or neglect, fraud or kickbacks.The penalties for hiring or contracting with excluded individuals or entities include $10,000 for each item or service furnished by the excluded individual and may include paying three times the amount claimed for each item or service.Those most severe penalty would be exclusion of OHSU from participation in federal health care programs.The foregoing language covers this.For the federal government's commentary on the background and meaning of "excluded" and "debarred" contractor's, search on the Office of Inspector General List of Excluded Individuals/Entities (http://oig.hhs.gov/fraud/exclusions/exclusions_list.asp, and choose the Online Searchable Database) and the General Services Administration Excluded Parties List (http://epls.arnet.gov/, and choose Search-Current Exclusions, then >Advanced Search)

 

HAZARD COMMUNICATION

Oregon Administrative Rule, OAR 437-002-0360, see: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_437/437_002.html

Code of Federal Regulation, 29 CFR 1910.1020, see:

http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol6/xml/CFR-2011-title29-vol6-sec1910-1020.xml

 

INSPECTIONS

Oregon Revised Statute, ORS 72.6020 and ORS 72.6080, see:

http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2011ors072.html

 

REGISTERING TO DO BUSINESS IN OREGON (Representation and Warranties section)

https://secure.sos.state.or.us/ABNWeb/

 

PARKING AND TRANSPORTATION

OHSU Parking office, see: http://www.ohsu.edu/parking/

TAX COMPLIANCE CERTIFICATION

Oregon Revised Statute, ORS 305.380(4), see: http://www.oregonlaws.org/ors/2007/305.380