COMMUNITY COLLEGE RULES
OF
PROCUREMENT
(DATED FEBRUARY 16, 2005, AND EFFECTIVE MARCH 1, 2005)
Last Modified SEPTEMBER 2008
ADOPTED IN ACCORDANCE WITH
ORS 279A.065(5)(a) and ORS 279A.070
BY
THROUGH
BOARD RESOLUTION
DATED
SEPTEMBER 17, 2008
These Community College
Rules of Procurement shall remain in effect unless modified, in writing, and
adopted by the College’s Local Contract Review Board through Board Resolution.
TABLE OF
CONTENTS
SECTION 100
GENERAL INFORMATION
CCR.102 Purpose and Statutory Authority
CCR.104 Definitions
SECTION 200
PUBLIC CONTRACT SPECIAL PROCUREMENTS
AND
RULES OF
PROCEDURE
GENERAL CONTRACT PROVISIONS
CCR.202 Advertisement
Contracts
CCR.204 Bid
Security and Bond Requirements, Waiver of
CCR.205 Donated
Materials and/or Services
CCR.206 Emergency
Contracts (Including Oil or Hazardous Material Removal)
CCR.208 Equipment
Repair and Overhaul (Including Maintenance Agreements)
CCR.210 Federal Contracts, Purchases
under
CCR.212 Intellectual Property
(Periodicals/Library Books, Proprietary Software
Licenses, Art, and Other Products of
the Creative Process
CCR.214 Intergovernmental Cooperative
Purchasing Participation (
Purchasing
Program, Western States Contracting
Purchasing
Agencies,
& Government
Purchasing
CCR.216 Life
Cycle Costing/Best Value
CCR.218 Perishables
(Chemicals, Food, Laboratory Supplies)
CCR.220 Personal
Property, Used (Purchase of)
CCR.222 Price
Regulated Items (Including Gas, Diesel Fuel, Heating Oil,
Lubricants, Asphalts, Distilled
Alcohol, Postage, and Certain Utilities)
CCR.226 Requirements
Contracts and Price Agreements
CCR.228 Resale
– Items for
CCR.230 Telecommunications
Services
PERSONAL SERVICES CONTRACTING RULES
CCR.250 Personal
Services – General
PUBLIC IMPROVEMENT CONTRACTS EXCEPTIONS AND EXEMPTIONS
CCR.280 Alternative
Contracting Methods
CCR.281 Donated
Public Improvements
CCR.282 First-Tier
Subcontractors; Disclosure and Substitution
CCR.283 Limited
Negotiations with Bidder
SECTION 300 SUPPLEMENTARY PROVISIONS – CONTRACTING RULES
These Community College Rules
of Procurement were drafted by participating statewide community college
representatives with the intent that Sections 100 and 200 be adopted in their
entirety and remain unchanged by their respective institutions unless modified
by participating committee members at a later date and subsequently ratified by
all their Local Contract Review Boards.
Section 300 has been specifically set aside to address the unique
philosophies, cultures, and/or concerns of the various community colleges,
voting districts, and Local Contract Review Boards. In the event of conflict between rules or
sections within these Community College Rules of Procurement, the rules in
Section 300 (excluding Appendix B), shall take precedence over the rules in
Sections 100 and/or 200 except as otherwise expressly provided in Sections 100
and 200; in all cases, Sections 100, 200, and 300 (excluding Appendix B), shall
take precedence over Appendix B.
CCR.301 Consultant
Selection: Architectural, Engineering,
Land Surveying and Related Services Contracts (See also OAR 137, Division
48, contained in Appendix B.)
CCR.302 Contract Amendments &
Reinstatements (See also OAR 137-047-0800 contained in Appendix B.)
CCR.304 Cumulative Awards of Small
Contracts (i.e., Anti-Fragmenting Rule)
CCR.308 Energy Management Controls
Systems
CCR.310 Exception (Including Sole Source)
– Purchases of Goods or Services through
CCR.312 Personal Services Contracts (Amends
CCR.250.)
CCR.314 Public Contracts Under Certain
Dollar Amounts: Small Procurements and
Intermediate
Procurements (See also ORS 279B.065 and 279B.070.)
CCR.316 Rejection of an Offer (Amendments
to OAR 137-047-0640 and 137-049-0440 contained in Appendix B.)
CCR.318 Space Rentals (hotels,
conferences, temporary offices, etcetera)
CCR.320 Special Risk Insurance Policies
APPENDIX A:
Unless
otherwise indicated, the “College’s Board Policies and/or Administrative Rules
incorporated herein by reference” shall mean the College’s Policies and
Procedures that have been adopted and which are in effect at the time of the
procurement transaction and/or contract award.
5050 Purchasing,
Insurance, Inventory, and Bids
5110 LBCC Contract Review Board
5120
D002 Purchasing—General
D005 Disposition of
D006 Disposal of Items Acquired for
Student Instructional Experiences and Subsequent Resale
D008 LBCC Contract Review Board Rules
APPENDIX B: OREGON ATTORNEY
GENERAL’S MODEL PUBLIC CONTRACT RULES (OREGON ADMINISTRATIVE RULES), AS
EXPRESSLY IDENTIFIED BY RULE NUMBER, AND INCORPORATED HEREIN BY
REFERENCE--DIVISIONS 46, 47, 48, AND 49, PREPARED AND MAINTAINED BY THE STATE
OF OREGON, DEPARTMENT OF JUSTICE, GENERAL COUNSEL DIVISION, EFFECTIVE JANUARY
1, 2008.
Sections 100, 200, and/or 300 (excluding Appendix
B), in these Community College Rules of Procurement shall prevail in every
instance where there is a conflict or similarity between the Oregon Attorney
General’s Model Public Contract Rules, (Appendix B), and these Community
College Rules of Procurement, effective March 1, 2005, subsequently
reviewed/modified pursuant to ORS279A.065(5)(b). Rules from the Oregon Attorney General’s
Model Public Contract Rules that have been identified but which are shown with
a line drawn through them have been stricken and have not been adopted by the
College.
DIVISION 46 GENERAL PROVISIONS RELATED TO
PUBLIC CONTRACTING
137-046-0100 Content
and General Application; Federal Law Supremacy
137-046-0110 Definitions
for the Model Rules
137-046-0120 Policy
137-046-0130 Application
of the Code and Model Rules; Exceptions
137-046-0200 Notice
to Advocate for Minorities, Women and Emerging Small Businesses
137-046-0210 Subcontracting
to and Contracting with Emerging Small Businesses; DBE Disqualification
137-046-0300 Preference
for
137-046-0310 Reciprocal
Preferences
137-046-0320 Preference
for Recycled Materials
137-046-0400 Authority
for Cooperative Procurements
137-046-0410 Responsibilities
of Administering Contracting Agencies and Purchasing Contracting Agencies
137-046-0420 Joint
Cooperative Procurements
137-046-0430 Permissive
Cooperative Procurements
137-046-0440 Advertisements
of Intent to Establish Contracts or Price Agreements through a Permissive
Cooperative Procurement
137-046-0450 Interstate
Cooperative Procurements
137-046-0460 Advertisements
of Interstate Cooperative Procurements
137-046-0470 Protests
and Disputes
137-046-0480 Contract
Amendments (See also CCR.302.)
137-046-0500 Repealed Rules
DIVISION 47 GENERAL PROVISIONS
137-047-0000 Application
137-047-0100 Definitions
137-047-0250 Methods
of Source Selection
137-047-0255 Competitive
Sealed Bidding
137-047-0257 Multistep
Sealed Bids
137-047-0260 Competitive
Sealed Proposals
137-047-0261 Procedures
for
137-047-0262 Competitive
Range, Discussions and Negotiations
137-047-0263 Multistep
Sealed Proposals
137-047-0265 Small
Procurements
137-047-0270 Intermediate
Procurements
137-047-0275 Sole-Source
Procurements (See ORS
279B.075.)
137-047-0280 Emergency
Procurements
137-047-0285 Special
Procurements
137-047-0290 Cooperative
Procurements
137-047-0300 Public
Notice of Solicitation Documents
137-047-0310 Bids
or Proposals are Offers
137-047-0320 Facsimile
Bids and Proposals
137-047-0330 Electronic
Procurement
137-047-0400 Offer
Preparation
137-047-0410 Offer
Submission
137-047-0420 Pre-Offer
Conferences
137-047-0430 Addenda
to Solicitation Document
137-047-0440 Pre-Closing
Modification or Withdrawal of Offers
137-047-0450 Receipt,
Opening, and Recording of Offers; Confidentiality of Offers
137-047-0460 Late
Offers, Late Withdrawals and Late Modifications
137-047-0470 Mistakes
137-047-0480 Time
for Agency Acceptance
137-047-0490 Extension
of Time for Acceptance of Offer
137-045-0500 Responsibility
of Bidders and Proposers
137-047-0525 Qualified
Products Lists
137-047-0550 Prequalification
of Prospective Offerors
137-047-0575 Debarment
of Prospective Offerors
137-047-0600 Offer
Evaluation and Award
137-047-0610 Notice
of Intent to Award
137-047-0620 Documentation
of Award
137-047-0630 Availability
of Award Decisions
137-047-0640 Rejection
of an Offer (See CCR.316.)
137-047-0650 Rejection
of All Offers (See CCR.316.)
137-047-0660 Cancellation
of Procurement or Solicitation
137-047-0670 Disposition
of Offers if Procurement or Solicitation Canceled
137-047-0700 Protests
and Judicial Review of Special Procurements
137-047-0710 Protests
and Judicial Review of Sole-Source Procurements
137-047-0720 Protests
and Judicial Review of Multiple-Tiered and Multistep Solicitations
137-047-0730 Protests
and Judicial Review of Solicitations
137-047-0740 Protests
and Judicial Review of Contract Award
137-047-0745 Protest
and Judicial Review of Qualified Products List Decisions
137-047-0750 Judicial
Review of Other Violations
137-047-0760 Review
of Prequalification and Debarment Decisions
137-047-0800 Amendments
137-047-0810 Termination
of Price Agreements
DIVISION
48 CONSULTANT SELECTION: ARCHITECTURAL,
ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS (See also CCR.301.)
137-048-0100 Application
137-048-0110 Definitions
137-048-0120 List
of Interested Consultants; Performance Record
137-048-0130 Applicable
Selection Procedures; Pricing Information
137-048-0200 Direct
Appointment Procedure
137-048-0210 Informal
Selection Procedure
137-048-0220 Formal
Selection Procedure
137-048-0230 Ties
Among Proposers
137-048-0240 Protest
Procedures
137-048-0250 Solicitation
Cancellation, Delay or Suspension, Rejection of All Proposals or Responses;
Consultant Responsibility For Costs
137-048-0260 Two-Tiered
Selection Procedure for Local Contracting Agency Public Improvement Projects
137-048-0300 Prohibited
Payment Methodology; Purchase Restrictions
137-048-0310 Expired
or Terminated Contracts; Reinstatement
137-048-0320 Contract
Amendments
DIVISION
49 GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES
137-049-0100 Application
137-049-0110 Policies
137-049-0120 Definitions
137-049-0130 Competitive Bidding Requirement
137-049-0140 Contracts for Construction Other Than
Public Improvements
137-049-0150 Emergency Contracts; Bidding and
Bonding Exemptions
137-049-0160 Intermediate Procurements; Competitive
Quotes and Amendments
137-049-0200 Solicitation Documents; Required
Provisions; Assignment or Transfer
137-049-0210 Notice and Advertising Requirements;
Posting
137-049-0220 Prequalification of Offerors
137-049-0230 Eligibility to Bid or Propose;
Registration or License
137-049-0240 Pre-Offer Conferences
137-049-0250 Addenda to Solicitation Documents
137-049-0260 Request for Clarification or Change;
Solicitation Protests
137-049-0270 Cancellation of Solicitation Document
137-049-0280 Offer Submissions
137-049-0290 Bid or Proposal Security
137-049-0300 Facsimile Bids and Proposals
137-049-0310 Electronic Procurement
137-049-0320 Pre-Closing Modification or Withdrawal
of Offers
137-049-0330 Receipt, Opening and Recording of
Offers; Confidentiality of Offers
137-049-0340 Late Bids, Late Withdrawals and Late
Modifications
137-049-0350 Mistakes
137-049-0360 First-Tier Subcontractors; Disclosure
and Substitution
137-049-0370 Disqualification of Persons
137-049-0380 Bid or Proposal Evaluation Criteria
137-049-0390 Offer Evaluation and Award;
Determination of Responsibility
137-049-0395 Notice of Intent to Award
137-049-0400 Documentation of Award; Availability of
Award Decisions
137-049-0410 Time for Contracting Agency Acceptance;
Extension
137-049-0420 Negotiation With Bidders Prohibited
137-049-0430 Negotiation When Bids Exceed Cost
Estimate
137-049-0440 Rejection of Offers (See CCR.316.).
137-049-0450 Protest of Contractor Selection,
Contract Award
137-049-0460 Performance and Payment Security;
Waiver
137-049-0470 Substitute Contractor
137-049-0490 Foreign Contractor
137-049-0600 Purpose (Alternative Contracting
Methods)
137-049-0610 Definitions for Alternative Contracting
Methods
137-049-0620 Use of Alternative Contracting Methods
137-049-0630 Findings, Notice and Hearing
137-049-0640 Competitive Proposals; Procedure
137-049-0645 Requests for Qualifications (RFQ)
137-049-0650 Requests for Proposals (RFP)
137-049-0660 RFP Pricing Mechanisms
137-049-0670 Design-Build Contracts
137-049-0680 Energy Savings Performance Contracts
(ESPC)
137-049-0690 Construction Manager/General Contractor
(CM/GC)
137-049-0800 Required Contract Clauses
137-049-0810 Waiver of Delay Damages Against Public
Policy
137-049-0815 BOLI Public Works Bond
137-049-0820 Retainage
137-049-0830 Contractor Progress Payments
137-049-0840 Interest
137-049-0850 Final Inspection
137-049-0860 Public Works Contracts
137-049-0870 Specifications; Brand Name Products
137-049-0880 Records Maintenance; Right to Audit
Records
137-049-0890 Contracting Agency Payment for Unpaid
Labor or Supplies
137-049-0900 Contract Suspension; Termination
Procedures
137-049-0910 Changes to the Work and Contract
Amendments
SECTION 100 - GENERAL INFORMATION
Purpose and Statutory
Authority CCR.102
(1) Purpose. These rules prescribe public contract Special Procurements (exemptions), whereby a Local Contract Review Board may approve a special procurement (pursuant to ORS 279B.085), personal services contracting rules, competitive procurement process rules, and supplementary provisions for community colleges, who have formally adopted through board resolution, these Community College Rules of Procurement, hereinafter referred to as Rules or CCRP.
(2) Statutory Authority. These Rules are authorized by Public Contracting Code 279A.050 (Procurement Authority), 279A.055 (Personal Services Contracts), 279A.060 (Local Contract Review Boards), and 279A.070 (Rules). All references to PCC shall mean Public Contracting Code as defined in ORS 279A.010(1)(bb). (Note: Under ORS 279A.065(4), public contracting agencies in Oregon will be operating under the State of Oregon Attorney General’s Model Rules unless they have taken special action to opt out and adopt their own contracting rules.)
(3) These Community College
Rules of Procurement (CCRP), were drafted through a statewide, collaborative
effort by representatives of Participating Oregon Community Colleges
(POCC). Pursuant to the POCC
participatory agreement, Sections 100 and 200 of the CCRP shall remain unchanged
unless modified by the POCC at a later date and subsequently ratified by each
institution’s Local Contract Review Board.
Any member of the POCC that adopts changes to Sections 100 and/or 200 of
the CCRP that have not been mutually agreed upon and adopted by all other POCC
members, shall by and through its actions, no longer qualify as a member of the
POCC cooperative procurement group and shall not represent itself as such.
Definitions for these Community College
Rules of Procurement CCR.104
The
following terms, when they appear capitalized in these Community College Rules
of Procurement, shall have the meaning set forth below unless otherwise
indicated:
(1) “Addendum” or “Addenda” means an addition or deletion to, a material change in, or general interest explanation of a Solicitation Document. Addenda shall be labeled as such and distributed to all interested persons in accordance with these rules.
(2) “Auxiliary Funds” means funds intended to be profit making and/or self-sustaining for providing product or services to the College’s customers. (See also “Enterprise Funds.”) Examples of Auxiliary Fund or Enterprise Fund operations may include: bookstores; food services; printing services; medical/dental/science stores; student automotive and mechanical stores; and miscellaneous student stores for the resale of books and computers for instruction.
(3) “Award” or “Intent to Award” means, as the context requires, either the act or occurrence of the College’s identification of the Person with whom the college will enter into a Contract following the resolution of any protest of the College’s selection of that Person, and the completion of all Contract negotiations.
(4) “Best Value” means evaluation or assessment of performance factors and other aspects of service and product quality, as well as pricing, which may include, but not be limited to, combinations of quality, services, time, and cost considerations over the useful life of the acquired item.
(5) “Bid” means a competitive offer in response to an Invitation to Bid in which price, delivery (or project completion), and conformance to specifications will be the predominant award criteria.
(6) “Bidding/Proposing Period” means the span of time between the date of the Solicitation Document and the time and date set for receipt of Offers. The time period shall be stated in the Solicitation Document. Generally a period of fourteen (14) calendar days shall be provided, but in no case shall the time provided be less than five (5) calendar days.
(7) “Closing” means the date and time specified in a Solicitation Document as the deadline for submitting Offers.
(8) “Code” means the Public Contracting Code, as defined in ORS 279A.010.
(9) “College” means Community College District or Community College Service District established under ORS chapter 341, hereinafter known as the specific College whose name appears on the Solicitation Document and/or subsequent Contract and whose Local Contract Review Board has adopted by resolution or ordinance these Community College Rules of Procurement.
(10) “
(11) “Competitive Sealed Bidding” means the issuing of Invitations to Bid, which follow the formal process for advertising, submitting bids, and conducting of public bid openings as required by ORS 279B.055.
(12) “Competitive Sealed Proposals” means the issuing of Request for Proposals, which follow the formal process for advertising, submitting proposals, and conducting of public openings as required by ORS 279B.060.
(13) “Contract” means a “Public Contract,” as defined in ORS 279A.010(1)(z), a sale or
other disposal, or a purchase, lease, rental or other acquisition, by a contracting
agency of personal property, services, including personal services, public
improvements, public works, minor alterations, or ordinary repair or
maintenance necessary to preserve a public improvement. “Public Contract” does not include
grants. The “Contract” includes
the College’s Solicitation Document and the accepted portions of a Solicitation
Document, whether attached or incorporated by reference, between the College
and Contractor describing the work to be done and the obligations of the parties. Depending upon the goods and services being
procured, the College may use “Contract” as meaning a purchase order, price
agreement, or other contract document in addition to the College’s Solicitation
Document and the accepted portions of a Solicitation Document. If the Contract is for a public improvement
or public work, the “Contract” may consist of the College’s Solicitation
Document, including any addenda, the general and special and/or supplementary
conditions or other conditions governing the work, the accepted portions of the
Solicitation Document, the performance and payment bond (if required),
certificates of insurance, plans, technical specifications, approved shop
drawings, Construction Change Directive or written order for a minor change in
the Work, Notice of Award, Notice to Proceed, and any contract amendments,
including approved change orders.
(14) “Contract Price” means, as the context requires, (i) the maximum monetary obligation that
the College will or may incur under a Contract, including bonuses, incentives,
approved alternates, fully executed change orders or amendments, and
contingency amounts, if the Contractor fully performs under the Contract, (ii)
the maximum not-to-exceed amount of payments specified in the Contract, or
(iii) the unit prices for Goods or Services set forth in the Contract.
(15) “Contract Review Authority”
means the College’s Local Contract Review Board as set forth in ORS 279A.060.
(16) “Contract Value” - in determining the applicability of dollar threshold requirements for competitive procurements within these Community College Rules of Procurement, “Contract Value” means the gross amount of goods and/or services procured by or for the College and shall take into consideration, but not be limited to, the following elements: (1) Contract Price; (2) total amount estimated to be generated, if contract is anticipated to be revenue generating; (3) economic value, and (4) total estimated expenses incurred for which the College would be required to report to the Internal Revenue Service (e.g., 1099).
(17) “Contractor” means the Person with whom the College enters into a Contract and shall
be synonymous with “Independent Contractor” (i.e., a person or business that
provides services to the College in which the College neither controls nor has
the right to control the means or manner by which work is performed). The College may control the results of the
services, but not control the means or manner of the Contractor’s performance
of the Work.
(18) “Cost” means not only the product price but also other items of expense such as
the actual or reasonably estimated costs related to quality or conversion, and
may include such actual or estimated items as shipping, delivery, setup,
installation, and training.
(19) “Descriptive Literature” means Written information submitted with the
Offer that addresses the Goods and Services included in the Offer.
(20) “Disadvantaged Business Enterprise (DBE)” means a small business concern pursuant to
ORS 200.005(1), which is at least 51 percent owned by one or more socially and
economically disadvantaged individuals, or, in the case of any corporation, at
least 51 percent of the stock of which is owned by one or more socially and
economically disadvantaged individuals and whose management and daily business
operations are controlled by one or more of the socially and economically
disadvantaged individuals who own it.
(21) “Effective Date of Contract” means the date established in the Contract
for the Contractor’s work to begin, or the date the Contract has been fully
executed and received all required approvals, whichever date is later.
(22) “Electronic Advertisement” means notice of the College’s request for
Offers or request for quotes, available over the Internet via (a) The World
Wide Web or some other Internet protocol; or (b) the College’s electronic
procurement system. An Electronic
Advertisement may include a Solicitation Document.
(23) “Electronic Offer” means a response to the College’s request for
Offers or request for quotes submitted to the College via email or through the
College’s Electronic Procurement System.
(24) “Electronic Procurement System” means an information system that Persons may
access through the Internet, using the World Wide Web or some other Internet
protocol, or that Persons may otherwise remotely access using a computer, that
enables the College to post Electronic Advertisements, receive Electronic
offers, and conduct other activities related to a procurement.
(25) “Emergency” means circumstances that were not reasonably foreseen by the governing
body of the College, its President or another officer authorized by the
College, and create a substantial risk of loss, damage or interruption of
services; a substantial threat to property, public health, welfare or safety of
the environment that requires prompt execution of a contract to remedy the
condition or deal with the risk.
(26) “
(27) “Evidence of Competition” means College documentation demonstrating
competitive solicitation of responses/offers from Person(s) in selecting a
Contractor in accordance with the College’s public contracting rules.
(28) “Expert Witness” means Contracts for services of witnesses for
the purposes of evaluating a claim or cause of action, preparing for or
assisting with actual or likely litigation or otherwise assisting in resolving
a dispute. This includes a person
possessing specialized knowledge, skills, or experience of a particular subject
or profession engaged to assist or consult on the College’s presentation of its
case in legal, administrative, and other official proceedings, regardless of whether
the Contractor is called to testify.
(29) “Facsimile” means
electronic equipment that communicates and reproduces both printed and
handwritten material.
(30) “Gift” means something of economic value given to a public official or the
public official’s relative without an exchange of valuable consideration of
equivalent value, including the full or partial forgiveness of indebtedness,
and which is not extended to others who are not public officials or the
relatives of public officials on the same terms and conditions; and something
of economic value given to a public official or the public official’s relative
for valuable consideration less than that required from others who are not
public officials.
(31) “Goods and Services” or
“Goods or Services” have the meaning set forth in ORS 279A.010(1)(j).
(32) “Interstate
Agreement” means any agreement between the College and a unit of local
government or state agency of another state.
(33) “Invitation to Bid” (ITB) means all documents used for soliciting Offers
in accordance with ORS 279A.010(2)(bb).
(See also “Competitive Sealed Bidding.”)
(34) “Life Cycle Costing” means
determining the cost of a product for its estimated useful life, including its
disposal.
(35) “Local Contract Review Board” (LCRB) means the LCRB and/or Board of Education as
established by Board resolution or ordinance by each respective College
adopting these Community College Rules of Procurement, to serve as its public
contract review authority.
(36) “Lowest Responsible Bidder” means:
(a) the bidder whose Offer substantially complies with the requirements
and criteria set forth in the Invitation to Bid and with all prescribed public
procurement procedures and requirements; or (b) When the invitation to bid
specifies or authorizes the award of multiple contracts to the responsible
bidders, the bidder whose bids substantially comply with the requirements and
criteria set forth in the Invitation to Bid and with all prescribed public
procurement procedures and requirements and who qualify for the award of a
public contract under the terms of the Invitation to Bid. (ORS 279B.055(10) Depending upon the requirements of the
Solicitation Document, “Lowest Responsible Bidder” may also mean one who, in
the determination of the Advocate for Minority, Women and Emerging Small
Businesses, has undertaken both a policy and practice of actively pursuing
participation by minority and women-owned business in all bids, both public and
private, submitted by such bidder, pursuant to ORS 200.025 and 200.045.
(37) “Model Rules” means the State of Oregon’s Attorney General’s model rules of procedure
for Public Contracting, which are set forth in OAR Chapter 137, divisions 46,
47, 48, and 49.
(38) “ORPIN” System: The on-line electronic Oregon Procurement Information Network (ORPIN) administered through the State Procurement Office of the Procurement, Fleet and Surplus Services Division of the Oregon Department of Administrative Services.
(39) “ORS” means Oregon Revised Statutes.
(40) “Offer” means a response to a Solicitation Document that is binding on the
Offeror.
(41) “Offeror” means a Person,
who submits an Offer.
(42) “Opening” means the date, time and place announced in the Solicitation Document
for the public opening of Written sealed Offers.
(43) “PCC” means Public
Contracting Code as it is defined in ORS 279A.010(1)(bb).
(44) “Person” means any of the following with legal capacity to enter into a Contract:
individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, governmental agency, public corporation or any other legal or
commercial entity.
(45) “Personal Property” means everything subject to ownership, which
is not real property and has exchangeable value; includes all chattels and
movables, such as boats and vessels, merchandise and stock in trade, furniture
and personal effects, goods, livestock, vehicles, farming implements, movable
machinery, movable tools and movable equipment pursuant to ORS 307.020.
(46) “Personal Services Competitive Solicitation” means a documented process providing an
equal and open opportunity to qualified parties, which culminates in a
selection based on criteria that include, but are not limited to, the
Contractor’s availability, capacity, experience, reputation, responsiveness to
time limitations, responsiveness to solicitation requirements, quality of
previous performance and fees or costs.
(47) “Personal Services Contract” or “Contract for Personal Services” means a contract or member of a class of contracts, other than a
contract for the services of an Architect, Engineer, Land Surveyor or Provider
of Related Services (which are subject to ORS 279C.105, ORS 279C.110 or ORS
279C.120, and which are defined as Personal Contracts pursuant to ORS
279C.100(5)), that the College’s Local Contract Review Board has designated as
a Personal Services Contract pursuant to ORS 279A.055, whose primary purpose is
to acquire specialized skills, knowledge and resources in the application of
technical or scientific expertise, or the exercise of professional, artistic or
management discretion or judgment, including, without limitation, a contract
for the services of a(n): accountant; physician, dentist or lawyer; educator;
consultant(s) for information technology, travel, banking, investing,
collections, or other consultant; broadcaster or artist (including a
photographer, filmmaker, painter, weaver, or sculptor). (See also Personal Services Contracting Rules
section within these Community College Rules of Procurement for an expanded
definition.)
(48) “Personal Services Contractor” means an Independent Contractor that performs
a Contract for Personal Service(s) for the College, when the College has no
right to and does not control the means and manner of performing the contract,
except as to the delivery schedule, determining compliance with the Statement
of Work, and accepting or rejecting the deliverables or results required under
the Contract.
(49) “Prequalification of Offeror” means a process followed by the College, in
advance of issuance of Solicitation Documents, to determine the qualifications
of prospective Offerors to perform public contracts.
(50) “Product Sample” means the exact Goods or a representative portion of the Goods offered by the Offeror in response to the Solicitation Document. Unless otherwise provided in the Solicitation Document, the Product Sample shall be the exact product or a representative portion of that product offered by the Offeror.
(51) “Proposal” means an Offer in
response to a Request for Proposals.
(52) “Public Contract” means a sale or other disposal, or a
purchase, lease, rental or other acquisition, by the College of personal
property, services, including personal services, public improvements, public
works, minor alterations, or ordinary repair or maintenance necessary to
preserve a public improvement. (ORS
279A.010(1)(z)).
(53) “Public Notice” means a public notice of Solicitation Document that is published at least
once in at least one newspaper of general circulation in the area where the contract
is to be performed and in as many additional issues and publications as the
College determines or is published electronically.
(54) “Request for Proposals” or “RFP” means all documents
used for soliciting Proposals in accordance with either ORS 279B.060 or
279C.110, where proposal evaluation and contract award is based on criteria
such as proposer qualifications and experience, product features and
characteristics, service quality and efficiency, and conformance with the
specifications and requirements of the Solicitation Document. Price may be evaluation criterion for an RFP,
but will not necessarily be the predominant basis for contract award.
(55) “Request for Qualifications” means a written document describing the
College’s circumstances and the type of service(s) desired, setting forth all
significant evaluation factors and their relative importance, written
qualifications, and, if appropriate, price.
The Request for Qualifications will not result in a Contract but is
intended to establish a list of qualified Contractors from which to seek Offers
and select a Contractor.
(56) “Request for Quotes” or “RFQ” means the solicitation by the College of offers from competing vendors in an effort to obtain competitive quotes. The solicitation may be by advertisement or by the College initiating a request to vendors to make an offer in accordance with the provisions of Small Procurements and Intermediate Procurements as these categories are defined in ORS 279B.065 and 279B.070, pursuant to the rules established by the College’s Local Contract Review Board for competitive thresholds. The solicitation may be accomplished by advertisement or by the College initiating a request to vendors to make an offer. The solicitation and the offer may be electronic, in writing, or oral.
(57) “Requirements Contract” means a price agreement that constitutes a firm offer by the Contractor, regardless of whether any order or purchase has been made or any performance has been tendered under the price agreement and is enforceable for the period stated in the price agreement and is not revocable by the Contractor. A price agreement does not constitute an exclusive dealing commitment on the part of the College or the Contractor unless the price agreement expressly so provides. (ORS 279B.140)
(58) “Responsible Offeror” (also, “Responsible Bidder” or “Responsible Proposer,” as applicable), means a Person that has
submitted an Offer and meets the standards set forth in ORS 279B.100 and/or ORS
279B.110, and that has not been debarred or disqualified by the College. When used alone, “Responsible” means meeting
the aforementioned standards.
(59) “Responsive Offer” (also, “Responsive Bid” or “Responsive Proposal,” as applicable), means an Offer that
substantially complies in all material respects with applicable solicitation
requirements. When used alone, “Responsive” means having the characteristic of substantially complying in all
material respects with applicable solicitation requirements.
(60) “Service Contract” means a contract that calls primarily for a contractor’s time and effort rather than for an end product.
(61) “Signed” means, as the context requires, that a Written document contains a
Signature or that the act of making a Signature has occurred.
(62) “Signature” means any Written mark, word or symbol that is made or adopted by a
Person with the intent to be bound and that is attached to or logically
associated with a Written document to which the Person intends to be bound and
executed or adopted by a Person with the intent to be bound.
(63) “Solicitation Document” means an Invitation to Bid, Request for
Proposals or other document issued to invite offers from prospective
contractors pursuant to ORS Chapter 279B or 279C, and includes all documents
incorporated by reference.
(64) “Special
Procurement” means, unless the context requires otherwise, a Class Special
Procurement, a Contract-Specific Special Procurement or both (ORS
279B.085). A “Class Special Procurement”
means a contracting procedure that differs from the procedures described in ORS
279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering
into a series of contracts over time for the acquisition of a specified class
of goods or services (ORS 279B.085(1)(a)).
“Contract-Specific Special Procurement” means a contracting procedure
that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065
and 279B.070 and is for the purpose of entering into a single contract or a
number of related contracts for the acquisition of specified goods or services
on a one-time basis or for a single project (ORS 279B.085(1)(b)).
(65) “Specification” 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 a Contract.
Specifications generally will state the result to be obtained and may,
on occasion, describe the method and manner of doing the Work to be
performed. Specifications may be
incorporated by reference and/or through attachment to the Contract.
(66) “Standard Fee Contract” means a contract awarded for service to be
performed for a standard fee, when the standard fee is established by the
College, and a like contract is available to all qualified applicants.
(67) “Statement of Work” means a written statement that specifically
describes the phases of work or services, major tasks, or areas of responsibility
the Contractor is to perform at a particular site, or within a particular
locale during a stated period of time, according to a schedule of
delivery. The statement must identify
specific objectives that the Contractor is to attain or describe, in detail,
and the deliverables that the Contractor is to provide.
(68) Telecommunications”
means 1-way and 2-way transmission of information over a distance by means of
electromagnetic systems, electro-optical systems, or both.
(69) “Work” means the furnishing of all materials, equipment, labor and incidentals
necessary to successfully complete any individual item in a Contract or the
entire Contract, and successful completion of all duties and obligations
imposed by the Contract.
(70) “Writing” means letters, characters and symbols inscribed on paper by hand, print,
type or other method of impression, intended to represent or convey particular
ideas or meanings. “Writing,” when
required or permitted by law, or required or permitted in a Solicitation Document,
also means letters, characters and symbols made in electronic form and intended
to represent or convey particular ideas or meanings.
(71) “Written” means existing in
Writing.
SECTION
200 - PUBLIC CONTRACT SPECIAL PROCUREMENTS
Advertisement
Contracts CCR.202
The College may purchase
advertising, which does not include contracting with advertising agencies,
regardless of dollar amount, without competitive bidding. Where it is determined to be cost effective,
the College may publish its public notices electronically, via the college’s or
other public entity’s electronic procurement system or world wide web site
instead of, or in addition to, a newspaper of general circulation.
* * * * *
Bid Security and Bond
Requirements, Waiver of CCR.204
Pursuant to ORS 279C.390, the College may, at its discretion, exempt certain contracts or classes of contracts from all or a portion of the requirement for bid security and from all or a portion of the requirement that good and sufficient bonds be furnished to ensure performance of the contract and payment of obligations incurred in the performance.
The College may waive bid security requirements and/or performance/payment bond requirements pursuant to ORS 279C.390 and this rule under the following conditions:
(1) If the contract is for a public improvement or a public work and the amount of the contract does not exceed $75,000 or another threshold as indicated by rule amendment in Section 300, and the contractor has filed a public works bond with the State of Oregon Construction Contractors Board;
(2) If the contract is not for a public improvement;
(3) Where bidders are drawn exclusively from a list of certified Emerging Small Businesses maintained by the Advocate for Minority, Women and Emerging Small Business, and the College has been provided funds by the legislature for the purpose of assisting Emerging Small Businesses;
(4) In cases of emergency, or when the interest or property of the College or the public agency or agencies for whose benefit the contract was awarded probably would suffer material injury by delay or other cause and a declaration of such emergency has been made in accordance with rules adopted under ORS 279A.065.
The College shall not use Bid or Proposal security to discourage competition. The Offeror shall forfeit Bid or Proposal security after award of the contract if the Offeror fails to execute the contract and promptly return it with any required Performance Bond and Payment Bond.
* * * * *
Donated Materials and/or Services CCR.205
The College may authorize a Person to perform services and/or provide materials regardless of dollar amount, if:
(1) The Person has agreed to donate all, or a portion of, the materials and/or services necessary to perform the work; and
(2) The Person enters into a license or agreement with the College whereby the Person agrees to comply with the public contract requirements applicable to the particular project and any requirements that the College deems necessary or beneficial in order to protect the College.
* * * * *
Emergency
Contracts (Including Oil or Hazardous Material Removal) CCR.206
(1) Pursuant to the requirements of this rule, the College may, at its
discretion, enter into a public contract without competitive solicitation if an
emergency exists. Emergency means
circumstances that could not have been reasonably foreseen which create a
substantial risk of loss, damage, interruption of services or threat to public
health, welfare, or safety, and require prompt execution of a contract to
remedy the condition (ORS 279A.010(1)(f)).
(2) Regardless of the dollar value of the contract, when entering into an emergency contract the College shall:
(a) Make a written declaration of emergency, including findings
describing the emergency circumstances that require the prompt performance of
the contract, stating the anticipated harm from failure to establish the
contract on an expedited basis; and
(b) Encourage competition to the extent reasonable under the circumstances; and
(c) Record the measures taken under subsection (b) of this section to encourage competition, the amounts of the bids, quotes or proposals obtained, and the reason for selecting the contractor.
(3) Pursuant to ORS 279B.080, if an emergency exists as defined in
subsection (1) of this rule, the Board of Education, its President, or another
officer authorized by the College shall declare the existence of the emergency
as required by subsection (2) of this rule, which shall authorize the College
to enter into an emergency contract.
(4) The written declaration of an Emergency and resulting contract are solely entered into at the discretion of the College’s President or authorized officer.
(5) If the total award exceeds the threshold for formal public bidding, the Board shall be notified at its next available public meeting and provided with an opportunity to discuss the emergency, the award, and ratification thereof.
(6) Any Public Improvement contract awarded under this exemption shall be awarded within 60 days following declaration of the emergency unless an extension is granted by the Board (ORS 279C.335(5)).
(7) Oil or Hazardous Material Removal: The College may enter into public contracts without competitive bidding, regardless of dollar amount, when ordered to clean up oil or hazardous waste pursuant to the authority granted the Department of Environmental Quality (DEQ), under ORS 466.605 through 466.680 and such DEQ order necessitates the prompt establishment and performance of the contract in order to comply with the statutes regarding spill or release of oil or hazardous material that has created an emergency condition. In exercising its authority under this exemption, the College shall:
(a) (1) To the extent reasonable under the circumstances, encourage competition by attempting to make informal solicitations or to obtain informal quotes from potential suppliers of goods or services;
(1) Make written findings describing the circumstances requiring clean up or a copy of the DEQ order ordering such cleanup;
(2) Record the measures taken under subsection (a) of this section to encourage competition, the amount of the quotes or proposals obtained, if any, and the reason for selecting the contractor selected.
(b) The College shall not contract pursuant to this exemption in the absence of an order from the Department of Environmental Quality to clean up a site with a time limitation that would not permit hiring a contractor under the usual competitive bidding procedures.
* * * * *
Equipment Repair
& Overhaul (Including Maintenance Agreements) CCR.208
(1) The College may enter into a public contract
for equipment repair, maintenance agreements, or overhaul of equipment without
competitive bidding, subject to the following conditions:
(a) Service and/or parts
required are unknown, and the cost cannot be determined without extensive
preliminary dismantling or testing; and/or
(b)
Service
and/or parts required are for sophisticated equipment for which specially
trained personnel are required and such personnel are available from only one
source;
(c)
Maintenance
agreements must be procured from the provider of the equipment and/or software
being maintained in order to be valid, preserve warranties, provide the best
possible service, or conform to other similar agreements being provided by the
same provider for maximizing economy and/or servicing functions;
(d)
The
College shall conduct its procurement for equipment repair, maintenance
agreements, or overhaul of equipment pursuant to methods and parameters
established in (2) of this rule.
(2) The
following limitations shall apply:
(a) At the discretion of the College, if it is
practical to competitively procure equipment repair, maintenance agreements, or
overhaul of equipment using quotations or other forms of Solicitation Documents
then these competitive processes shall be utilized. If not, the file should be documented with
the reasons for invoking this exemption from competitive procurement,
specifically supporting the impracticality of a competitive procurement.
(b) If the contract exceeds or is anticipated to
exceed the thresholds for Small or Intermediate Procurements as these
thresholds are defined in Section 300, the College shall document in its
procurement file the reasons why a competitive procurement process was deemed
impractical, and the College may directly enter into the contract.
* * * * *
Federal Contracts, Purchases under CCR.210
When the price of goods and services has been established by a contract with the federal government pursuant to a federal contract award, the College may purchase the goods and services in accordance with the federal contract. In exercising this authority under this class special procurement, the College must:
(1) Include in the contract file a memorandum confirming the federal official who granted permission to the College to purchase under the federal contract; and
(2) Include documentation in the contract file showing the cost savings to be gained from anticipated purchases from the federal contract.
Comment:
In order to utilize GSA contracts, a class special procurement must be adopted by the local contract review board. For those GSA schedules available for use by local governments or any other federal contracts for goods and/or services, this rule requires a two-prong test be met prior to its use.
Findings of Fact
1. Federal contracts for goods and/or
services are established by federal agencies with private vendors through
competitive processes, which meet the standards of the Public Contracting
Code. These processes include open
competitive bidding, to which all interested vendors are invited to
participate. No
2. The prices or rates for goods and
services under federal contracts are based upon competitive bids or proposals. This rule requires the College to document
the cost savings to be gained from the anticipated purchase(s) from the federal
contract. Documentation might include
competitive comparison of previous bid prices obtained from other sources,
including local
3. This rule requires that the College obtain the permission of both the federal agency and the federal vendor to use the federal contract.
* * * * *
Intellectual
Property (Periodicals, Library Books, Proprietary Software Licenses, Art, and
Other CCR.212
Products of the Creative
Process)
If
the contract is for the purchase of Intellectual Property, which shall include,
but not be limited to, Periodicals, Library Books, Subscription Services,
Proprietary Software Licenses, Art, and Other Products of the Creative Process,
the College may contract for the purchase of the product(s) without competitive
procurement, regardless of dollar amount when the product(s) are protected
under copyright law, and/or there is only one known supplier (e.g.,
manufacturer, copyright holder), available for such products.
Examples of copyrighted materials typically covered by
this Special Procurement include, but are not limited to: magazines and other
periodicals; textbooks; workbooks; curriculum kits; reference materials; audio
tapes; video tapes; calculators such as those used for aircraft navigation; and
most software and products of the visual, aural and written arts. It should be noted that if there is more than
one supplier of copyrighted materials (especially software), and the product(s)
are not being purchased directly from the writer, manufacturer or other
original source, every attempt should be made to establish a competitive
selection process in order to achieve the greatest economy.
* * * * *
Intergovernmental
Cooperative Purchasing Participation CCR.214
Examples
of intergovernmental cooperative purchasing participation may include, but not
be limited to: Oregon Cooperative
Purchasing Program (ORCPP), Western States Contracting Alliance (WSCA),
Association of Educational Purchasing Agencies (AEPA), Organization for Educational
Technology and Curriculum (OETC), and US Communities Government Purchasing
Alliance.
Pursuant to Oregon Revised Statutes 279A.205,
279A.210, 279A.215, and 279A.220, other governmental agencies, bodies, or
districts may participate in any joint cooperative procurement and/or
subsequent contract award resulting from any solicitation which has been
accomplished in compliance with Oregon Revised Statutes, as if said agencies
had generated the solicitation and made the award on their own behalf.
Comment
In
general, the results of any solicitation, formal or informal, which has taken
place under the requirements of Oregon Revised Statutes and has resulted in an
award, and is current (i.e., not closed, terminated, in abeyance or in
default), may be utilized by the College pursuant to Oregon Revised Statutes
279A.205, 279A.210, 279A.215, and 279A.220.
* * * * *
Life Cycle Costing/Best
Value CCR.216
(1) In determining the lowest bid or best proposal, in the award of a contract, the College may use the concept of life cycle costing if it complies with section (2) of this rule:
(2) (a) At the time of writing specifications for the product, the College shall identify those factors which will have cost implications
over the life of the product, and which, for evaluation purposes, will be used to adjust the bid or proposal price of the product;
(b) The solicitation document shall set out clearly the factors and methodology to be used in life cycle cost adjustments; and
(c) The results of life cycle costing adjustments shall be applied to the bid or proposal price of the product(s) offered, and the bid or proposal that results in the lowest overall ownership cost or “best value” as it is determined by ORS 279.015(5), taking into account the life cycle costing adjustments, and other aspects of service and product quality, as well as pricing.
* * * * *
Perishables (Chemicals, Food, Laboratory
Supplies) CCR.218
Competitive procurement need not be used for the
procurement of perishables under this Special Procurement provided that the
perishability and commensurate quality is of greater importance than the cost
to the College.
Comment
If
longevity is not an issue and multiple sources exist, standard procurement
practices shall be utilized.
* * * * *
Personal
Property, Used (Purchase of) CCR.220
Competitive procurement need not be used for
the procurement of Used Personal Property if the College has determined that
the purchase will result in cost savings and will not diminish competition or
encourage favoritism.
For purchases of used personal property or
equipment costing $25,000 or more, or an amount otherwise indicated in Section
300, the College shall, where feasible, obtain three competitive quotations,
unless such comparisons are highly impractical to obtain. Procurement files pertaining to Used Personal
Property shall contain documentation of price comparisons and attempts to
secure competitive pricing as much as is practical.
When the value of any such purchase exceeds
the threshold for Intermediate Procurements as that threshold is defined
herein, Section 300, Supplementary Provisions of the Community College Rules of
Procurement, such purchases shall be authorized and/or delegated only by the
College President, who shall notify the LCRB of such purchases at the next
regularly scheduled meeting of the LCRB.
Comment
Used Personal Property is property which has
been placed in use by a previous owner or user for a period of time recognized
in the relevant trade or industry as qualifying the personal property or
equipment as “used,” at the time of purchase.
Used Personal Property generally does not
include property or equipment of which the College was the previous or current
user, whether under a lease, as part of a demonstration, trial or pilot
project, or similar arrangement.
* * * * *
Price Regulated
Items (Including Gas, Diesel Fuel, Heating Oil, Lubricants, Asphalts, CCR.222
Distilled Alcohol, Postage, and
Certain Utilities
The College may, without competitive bidding, contract for the direct purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state, or local regulatory authority (ORS 279A.025(2)(f) and ORS 279A.025(2)(i).
Comment
If
competition exists and it is practical to solicit quotations, bids, or
proposals for Price Regulated Items, then these procurement methods should be
utilized in an effort to obtain best value.
* * * * *
Request for Proposals CCR.224
The College may, at its
discretion, use Request for Proposal competitive procurement methods subject to
the following conditions:
(1) The procurement is advertised and a written solicitation document is issued that invites the submission of sealed, written offers to be opened publicly at a designated time and place; and
(2) Contractual requirements are stated clearly in the solicitation document; and
(3) Evaluation criteria to be applied in awarding the contract and the role of an evaluation committee are stated clearly in the solicitation document. Criteria used to identify the proposal that best meets the College needs may include but are not limited to cost, quality, service, compatibility, product reliability, operating efficiency and expansion potential, and proposer’s qualifications and experience; and
(4) The solicitation document clearly states all complaint processes and remedies available; and
(5) The solicitation document states the provisions for proposers to comment on any specifications that they feel limit competition.
* * * * *
Requirements
Contracts and Price Agreements CCR.226
(1) Requirements
contracts, for the purposes of this Rule, mean price agreements, services
agreements, and sales that may be established for the purposes of minimizing
paper work, achieving continuity of product, securing a source of supply,
reducing inventory, combining college requirements for volume discounts,
standardization among agencies, and reducing lead time for ordering. The College may enter into requirements
contracts whereby it is agreed to purchase supplies and/or services for an
anticipated need at a predetermined price provided the contract is let by a
competitive procurement process pursuant to the requirements of ORS 279ABC and
these Rules.
(2) The
College may purchase the supplies and/or services from a contractor awarded a
requirements contract without first undertaking additional competitive
solicitation.
(3) The
term of the contract including renewals, must not exceed the maximum term
stated in the original solicitation.
* * * * *
Resale – Items for CCR.228
Competitive procurement processes need not be used
for the procurement of product or services being purchased strictly for
resale. This Special Procurement applies
to products or services that are specifically for resale as opposed to internal
use or consumption.
* * * * *
Telecommunications Services CCR.230
(1) This rule is intended to allow the College to secure the most competitive, cost-effective telecommunications services of the quality needed to meet all service, performance requirements while minimizing administrative and service delivery costs.
(2) In determining the appropriate procurement method for telecommunications services, the College must determine whether competition exists. The College may consider the following factors:
(a) The extent to which alternative
providers exist in the relevant geographic and service market. The relevant market will vary with the
geographic area and from service category to service category, depending on
changes in the regulatory environment and competitive marketplace. Thus, the relevant market will depend on the
facts and circumstances of each case.
For example, an alternative local access service or private line
provider might offer services in
(3) Upon determining that competition does not exist for the relevant service and geographical area, the College may proceed to secure the service on a sole source basis, as described in these Rules.
* * * * *
PERSONAL SERVICE CONTRACTING
RULES
Personal Services Contracts CCR.250
I. Definition - General
(1) A contract for "Personal Services" is a public contract that calls for specialized skills, knowledge, and resources in the application of highly technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment. Qualifications and performance history, expertise, knowledge and creativity, and the ability to exercise sound professional judgment are typically the primary considerations when selecting a Personal Services Contractor, with price being secondary.
(2) The College may waive the requirement for a competitive selection process and directly negotiate a Personal Services Contract, if the contract price is not more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions. Regardless of the dollar value of the contract, the College may, at its discretion, enter into a Personal Services Contract without complying with formal or informal solicitation requirements if an Emergency, as defined in CCR.206 exists.
(a) Unless there are compelling reasons not to do so, competitive selection processes for Personal Services contractors should take place at intervals not greater than five years.
(b) The screening and selection procedures for the award of Personal Services Contracts are governed by ORS 279A.055 and are subject to the competitive procurement provisions of the Personal Services Contracting rules and procedures adopted herein. Every contract for Personal Services shall be based upon these screening and selection procedures developed by the College. Personal Services Contracts are considered "public contracts" as defined in ORS 279A.010.
(3) The College may enter into Personal Services Contracts with an independent contractor when:
(a) The work to be performed requires specialized skills, knowledge and resources in the application of highly technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment;
(b) The College will not control the means or manner of the contractor's performance, but must rely on the Contractor's specialized skills, knowledge and expertise to accomplish the work. Note: The College’s reservation of the right to determine and modify the delivery schedule, evaluate the quality of completed performance, and accept or reject the completed performance does not mean that the College will control the means and manner of performance; and
(c) Selecting a Contractor primarily on the basis of qualifications, rather than price, in accordance with the provisions of the Personal Services Contracting Rules and Procedures adopted herein would most likely meet the College’s needs and result in obtaining satisfactory contract performance and optimal value for the College.
(4) Pursuant to ORS 279A.055(2), the College has the authority to designate certain service contracts or classes of service contracts as Personal Services Contracts. Personal Services Contracts may include, but are not limited to, contracts for services performed in a professional capacity such as:
(a) Contracts for the services of an accountant;
(b) Contracts for the services of an attorney;
(c) Contracts for the services of a physician or dentist,
(d) Contracts for the services of an information technology consultant,
(e) Contracts for the services of a broadcaster;
(f) Contracts for services as an artist in the performing or fine arts including, but not limited to, any person identified as a photographer, filmmaker, painter, weaver, or sculptor;
(g) Contracts for services that are specialized, creative and research-oriented;
(h) Contracts for services as a consultant;
(i) Contracts for educational services;
(j) Contracts for investment services;
(k) Contracts for travel services;
(l) Contracts for banking services;
(m) Contracts for auditing services;
(n) Contracts for student loan and college receivables;
(o) Contracts for real estate services (ORS 279A.025(2)(e));
(p) Contracts for property management;
(q) Contracts for employee benefit insurance (ORS 279A.025(2)(r));
(r) Contracts for investments (ORS 279A.025(2)(q)(c));
(s) Contracts for energy savings performance contracts (ORS 279C.335(1)(f));
(t) Contracts for agents of record (examples where agents of record may be used are advertising, general insurance, sales of surplus property, workers compensation insurance, etcetera);
(u) Contracts for speakers, lecturers, and performers; and
(v) Contracts for human custodial care services;
(w) Contracts for food service management; and
(x) Contracts for telecourse providers.
(5) Personal Services Contracts do not include:
(a) Contracts, even though in a professional capacity, if primarily for equipment, supplies or materials, e.g., a contract to supply all hardware and standard software is not a Personal Services Contract, but a contract with a technology consultant to design or develop a new computer system is a Personal Services Contract;
(b) Contracts with a temporary service or personnel agency to supply labor, which is of a type that can generally be done by any skilled worker (e.g., janitorial, security guard, crop spraying, laundry, and landscape maintenance service contracts)
(c) Contracts for services of a trade-related activity, even though a specific license is required to engage in the activity. Examples are repair and/or maintenance of all types of equipment or structures.
II. Screening and Selection Procedures and
Assistance
These rules set forth procedures for the College to follow
when entering into Personal Services Contracts.
(1) The policy of the College is to select Contractors based on demonstrated qualifications and competence to perform the required services, encourage competition, discourage favoritism and obtain services at a fair and reasonable price. The purpose of this rule is to specify the College’s policies and procedures for screening and selection of Contractors to perform Personal Services.
(2) The College shall comply with the procedures set out in these rules for screening and selecting Contractors to perform Personal Services Contracts.
(3) The College shall provide Evidence of Competition for all Public Contracts where competition exists or justify entering into contracts by direct negotiation if an exemption from the screening and selection process is utilized. While qualifications are the primary criteria, whenever the College determines that the services offered by two or more individuals or firms are equally able to meet the College’s needs and are of equal value, the College shall award the contract to the individual or firm offering the service at the lowest price.
(4) The College may procure Personal Services from Contractors who are under contract with another governmental entity pursuant to a Cooperative Agreement as permitted and subject to ORS 279A.200 to 279A.225, if such action is expressly permitted under the original contract and if the administering agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055, 279B.060 or uses a competitive bidding process substantially equivalent to the competitive bidding process in ORS chapter 279C.
III. Solicitation Requirements
A. General
(1) All formal solicitations must satisfy the requirements of this rule. Request for Proposals and Request for Qualifications must be in writing and must be advertised in accordance with the following procedures:
(a) All advertisements for a formal solicitation shall be placed in at least one newspaper of general circulation and in as many additional issues and publications as may be necessary or desirable to achieve adequate competition. At the option of the College, the College may publish its public notices electronically instead of, or in addition to, a newspaper of general circulation. The advertisement(s) for a formal solicitation shall be first published and appear at least once, no fewer than fourteen (14) calendar days before close of the solicitation, unless the governing body of the College, its President, or another officer authorized by the College declares in writing that a shorter period is deemed necessary in the public interest for a particular procurement. Conversely, the College shall broaden and extend public notice if deemed necessary to serve the public’s interest for a particular procurement; and
(b) All advertisement(s) shall describe, at a minimum, a brief summary of the proposed contract, the services sought, where copies of the solicitation may be obtained, and the deadline for submitting a proposal.
(2) The Solicitation Document must provide that the College may, at any time during the solicitation process, reject any or all proposals or cancel the solicitation without liability if it is in the public interest to do so.
(3) Unless compensation is expressly provided for in the Solicitation Document, the Request for Proposals or Request for Qualifications must provide that the College is not responsible for any costs of any Offeror incurred while submitting Offers and that all Offerors who respond to solicitations do so solely at their own expense
(4) The Solicitation Document must:
(a) Notify proposers of potential Solicitation Document addenda. Failure to provide such notice in any solicitation may prevent addenda from being incorporated into any resulting contract, and include protest procedures for all formal solicitation and selection.
B. Formal
Selection Procedures
The College shall use a formal selection procedure whenever the cost of the services is estimated or anticipated to be equal to or more than the Intermediate Threshold for Personal Services contracts as this threshold is defined in Section 300--Supplementary Provisions. Under these formal procedures, Requests for Proposals (RFP) or Requests for Qualifications must be advertised in at least one newspaper of general circulation or through electronic means as indicated in Section 200, Rule 202, and in as many other issues or electronic procurement systems, and publications as may be necessary or desirable to achieve adequate competition.
(1) Request for Qualifications. A Request for Qualifications may be used to determine whether competition exists to perform the needed services or to establish a list of qualified Contractors prior to issuing an RFP (Note: It is not mandatory that the College issue a Request for Qualifications; it may elect to forego using a Request For Qualifications before issuing an RFP.)
(a) At a minimum, the Request for Qualifications shall describe the particular specialty desired, the qualifications the Contractor(s) must have in order to be considered, and the evaluation factors and their relative importance. The Request for Qualifications may require information including, but not limited to: the Contractor's particular capability to perform the required services; the number of experienced staff available to perform the required services, including specific qualifications and experience of personnel; a list of similar services the Contractor has completed, with references concerning past performance; and any other information necessary to evaluate Contractor qualifications.
(b) A qualifications pre-submission meeting (voluntary or mandatory) may be held for all interested Contractors to discuss the proposed services. If the meeting is mandatory, the Request for Qualifications shall include the date, time and place of the meeting(s).
(c) Unless the Request for Qualifications establishes that competition does not exist or unless the solicitation process is canceled or all qualification statements rejected, all respondents (who met the published qualifications) shall receive a notice (or other materials as appropriate) of any required services and have an opportunity to submit an Offer in response to the College’s subsequent RFP.
(2) Request for Proposals. The RFP is used as a formal competitive solicitation that describes specific services to be performed within a defined period of time. The solicitation sets forth criteria and methods for screening, selecting and ranking the best proposal(s). The RFP may result in contracts with more than one provider.
(a) The RFP must either describe the situation and background for which Offers are being requested and state the outcome(s) desired, or propose a Statement of Work. The RFP must describe any conditions affecting the delivery of the services and the time period in which the services are to be completed. The RFP must, at a minimum, address the following information:
(i) Minimum standards and qualifications required to be met by the Offeror(s) to be eligible to provide the services;
(ii) The evaluation process and criteria to be used to select the Contractor(s), including the weight or points applicable to each criterion. Information must include the manner in which the Offeror’s cost and pricing proposal will be evaluated;
(iii) A requirement to provide a list of similar services completed by the proposer(s) with references concerning past performance;
(iv) The closing date and time of the solicitation and the delivery location(s) for proposals;
(v) Reservation of the right to seek clarifications of each proposal, and the right to negotiate the Statement of Work within the scope of work described in the RFP;
(vi) Reservation of the right to reject any or all Proposals, if such rejection would be in the public interest;
(vii) Reservation of the right to cancel the solicitation, if such cancellation would be in the public interest;
(viii) Contractual provisions that will be contained in the resulting contract;
(ix) The possibility of interviews; and
(x) Any other information to be used to evaluate, rank and select the best proposer(s). This should include, but is not limited to: anticipated contract award date, and at the College’s discretion, funding information and budget requirements.
(b) A pre-proposal meeting (voluntary or mandatory) may be held for all prospective Contractors to discuss the proposed services, solicitation provisions and contract requirements. The RFP shall include the date, time and place of the meeting(s).
(c) An evaluation committee shall evaluate Proposals. The College’s Purchasing Department shall provide the evaluation committee with guidelines for completing evaluations consistent with the process described in the RFP. The evaluation committee may consist of College employees and, if desired, members of the community with experience in related services. Evaluators shall be selected on the basis of their ability to provide an objective, impartial evaluation of the proposals. If there is a conflict of interest, the evaluator shall declare this in writing and shall be excluded from participating in the evaluation.
(d) The proposal evaluation committee shall review, score and rank all responsive proposals according to the evaluation criteria in the RFP, which may include, but are not limited to, the following:
(i) Availability and capability to perform the work;
(ii) Experience of key staff on comparable projects, or in performing comparable services;
(iii) Demonstrated ability to successfully complete similar projects or perform similar services on time and within budget;
(iv) References from past clients, public and private;
(v) Performance history in meeting deadlines, submitting accurate estimates, producing quality work, and meeting financial obligations;
(vi) Status and quality of any required licensing or certification;
(vii) Knowledge and understanding of the required services as shown through the proposed approach to staffing and scheduling needs;
(viii) Fees or costs;
(ix) Results from oral interviews, if conducted;
(x) Availability of any specific required resources or equipment;
(xi) Geographic proximity to the project or the area where the services will be performed;
(xii) Identity of proposed subcontractors and their qualifications; and
(xiii) Any other criteria deemed relevant to the provision of services.
(e) Final ranking will be based on the evaluation criteria consistent with the process described in the RFP. Price will be considered, but will not necessarily govern selection of the Contractor(s).
(f) Contracts entered into under the formal selection procedure may be amended, provided the original contract allows for the particular amendment and the services to be provided under the amendment are included within, or directly related to, the scope of the project or the scope of the services described in the solicitation document.
C. Informal Selection
Procedures
The College may use an informal
selection process to obtain services if the estimated fee or contract price is
less than the Minimum Threshold for Personal Services Contracts as this
threshold is defined in Section 300-Supplementary Provisions.
(1) The informal selection process shall solicit Offers from at least three qualified contractors offering the required services. Prospective contractors may be drawn from the ORPIN System and/or from the certified list of the Advocate for Minority, Women and Emerging Small Business or its list of Contractors. The College may place the solicitation on the ORPIN System and/or use the system-generated potential Offer list to meet the three (3) responses/proposals requirement for informal solicitations.
(2) The informal selection process shall be competitive. The selection and ranking may be based on criteria including, but not limited to, each Offeror’s:
(a) Particular capability to perform the services required;
(b) Experienced staff available to perform the services required, including each Offeror’s recent, current, and projected workloads;
(c) Performance history;
(d) Approach and philosophy used in providing services;
(e) Fees or costs;
(f) Geographic proximity to the project or the area where the services are to be performed; and
(g) Work volume previously awarded by the College, with the object of effecting an equitable distribution of contracts among qualified Contractors, provided such distribution does not violate the policy of selecting the most highly-qualified Contractor to perform the services at a fair and reasonable price.
(3) All proposals received shall be reviewed and documented and the most qualified Contractor(s) selected.
(4) If the scope of the services is revised to the extent that the estimated cost of the services is considered to be equal to or more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, and the services are still required, the College shall either (a) terminate the contract and issue a new solicitation using the formal selection procedures or procedures allowed by subsequent rules set forth in this Section, unless waived under the provisions of Section CCR.250(I)(2), or (b) seek approval by the College’s Local Contract Review Board for contract amendment.
D. Selection by
Negotiation
(1) The College may procure Personal Services with Contractors directly through negotiation if the contract price is less than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions.
(2) If the scope of the services is revised to the extent that the estimated cost of the services is equal to or more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, the College shall solicit for a new Contractor(s) using applicable selection procedures under these rules.
* * * * *
PUBLIC IMPROVEMENT CONTRACTS EXCEPTIONS AND EXEMPTIONS
Alternative Contracting
Methods CCR.280
The College may, at its
discretion, exempt public improvement contracts from competitive bidding
requirements utilizing Alternative Contracting Methods (ORS 279C.335(3)(a)). These methods shall take into account market
realities and modern practices that are consistent with the public policy of
encouraging competition. Examples of Alternative
Contracting Methods are Request for Proposals for the selection of construction
manager/general contractor firms (CM/GC), and Design/Build firms.
The College shall prepare written findings that support the use of this exemption from competitive bidding and obtain approval from its Local Contract Review Board. A public hearing shall be held before final adoption (ORS 279C.335(4)(a)) of the exemption. The findings must show compliance with ORS 279C.330, and shall include, but not be limited to, information regarding:
(a) Operational, budget and financial data;
(b) Public benefits;
(c) Value engineering;
(d) Specialized expertise required;
(e) Public safety;
(e) Market conditions;
(f) Technical complexity; and
(g) Funding sources but shall not be based solely on funding sources, such as a particular bond fund, or by the method of procurement.
* * * * *
Donated Public Improvements CCR.281
The College may authorize a Person to construct a public improvement without competitive bidding or other competitive process regardless of dollar amount, if:
(1) The Person has agreed to donate all of the labor, materials and services necessary to construct the public improvement and perform the work; and
(2) The Person enters into a license or agreement with the College whereby the Person agrees to comply with the public contract requirements applicable to the particular project, requirements of the Public Contracting Code, and any requirements that the College deems necessary or beneficial to protect the College.
* * * * *
First-Tier
Subcontractors; Disclosure and Substitution CCR.282
This rule amends (i.e.,
additions are indicated by italics and deletions are indicated by a line
drawn through the word(s) that has been stricken.), Appendix B of these
Community College Rules of Procurement (i.e., Model Public Contract Rules
adopted on December 27, 2005, by the State of Oregon, Department of Justice,
General Counsel Division, effective January 1, 2006, Division 49), as follows:
OAR 137-049-0360(2)(b) shall be replaced with:
“(b) The College may, at its discretion, Oopen
Bids publicly immediately after the Bid Closing; and or it may open Bids publicly immediately following the deadline for
submission of the first-tier subcontractor disclosure forms, or some other time
as permitted or not prohibited by Oregon Revised Statutes.”
* * * * *
Limited Negotiations with
Bidder CCR.283
I. Definitions
For
purposes of this rule, the terms below shall be defined, as follows:
“College’s Cost Estimate” shall mean the
fixed limit of construction cost that has been agreed upon by the College and
the College’s consultant.
“Value Engineering and Other Options” refers
to a process agreed upon by the College, which involves the lowest responsive,
responsible bidder and may include other consultants to identify deletions or
adjustments to the project to reduce the cost of such work.
“Significantly Changed” with
reference to the scope of the project, shall mean deletion or adjustment of
components of the project or elements of the work, which in the aggregate are
estimated to cost in excess of twenty-five percent of the College’s Cost
Estimate as originally designed.
II. Limited Negotiations and
College’s Cost Estimate
(1) If a project is competitively bid and all the responsive bids from responsible bidders exceed the College’s Cost Estimate, the College may, prior to award, negotiate with the Lowest Responsible Bidder utilizing Value Engineering and Other Options to bring the contract price within the College’s Cost Estimate.
(2) The College’s negotiation with the Lowest Responsible Bidder shall not result in award of the contract to such bidder if the scope of the project is Significantly Changed from that specified in the Invitation to Bid at the time of bidding.
(2) If the College elects to use the negotiation process under this rule, the College will not produce for public inspection prior to award or termination of the negotiation process, any records of the Lowest Responsible Bidder. After award of the contract or termination of the negotiation process, the College will make available for public inspection such records as are subject to inspection under any other provision of law.
III. Negotiation and Award Process
(1)
If the Lowest
Responsible Bidder’s Bid exceeds the College’s Cost Estimate, the College may,
but shall not be required to, negotiate with the Lowest Responsible Bidder to
bring the cost of the project within the College’s Cost Estimate.
(2) If the College elects to negotiate with the Lowest Responsible Bidder, the College shall give written notice to the Lowest Responsible Bidder of its intent, within ten (10) days of bid Opening. The notice shall include disclosure to the Lowest Responsible Bidder of the College’s Cost Estimate.
(3) During any such negotiations, the Lowest Responsible Bidder’s bid shall remain firm for the period prescribed in the Bid. At all times until such expiration of the Bid, and notwithstanding the occurrence of negotiations under this rule, the College shall have the right to accept the original Bid.
(4) Upon and within five (5) days of receipt of the College’s notice of intent to negotiate, the Lowest Responsible Bidder and the College’s representative shall meet and present to each other, in writing, any proposals either may have for Value Engineering and Other Options to bring the project within the College’s Cost Estimate.
(5) The College and the Lowest Responsible Bidder shall negotiate in good faith regarding value engineering and other options, exerting their best efforts to bring the cost of the project within the College’s Cost Estimate.
(6) If the College and the Lowest Responsible Bidder are able to reach agreement through value engineering and other options to identify measures which bring the project within the college’s Cost Estimate, but do not Significantly Change the scope of the project, such value engineering and other options shall be reduced to writing and signed by the Lowest Responsible Bidder as an amendment to its bid and will be incorporated into the Contract at the time of award.
(7) Upon award, the terms and conditions of the amendment to the Bid shall be made public.
(8) Any protest of this negotiation process shall be subject to the Protest Process specified in the Invitation to Bid.
* * * * *
SECTION 300
SUPPLEMENTARY PROVISIONS – CONTRACTING RULES
These Community College
Rules of Procurement were drafted by participating statewide community college
representatives with the intent that Sections 100 and 200 be adopted in their
entirety and remain unchanged by their respective institutions unless modified
by participating committee members at a later date and subsequently and unanimously
ratified by their Local Contract Review Boards.
Section 300 has been specifically set aside to address the unique
philosophies, cultures, and/or concerns of the various community colleges,
voting districts, and contract review boards.
In the event of conflict between rules or sections within these
Community College Rules of Procurement, the rules in Section 300 shall take
precedence over the Appendices in Section 300, and the rules in Sections 100
and/or 200 except as otherwise expressly provided.
* * * * *
Consultant
Selection: Architectural, Engineering,
Land Surveying and Related Services Contracts CCR.301
This rule amends (i.e.,
additions are indicated by italics and deletions are indicated by a line
drawn through the word(s) that has been stricken.), Appendix B of these
Community College Rules of Procurement (i.e., Model Public Contract Rules
adopted on December 27, 2005, by the State of Oregon, Department of Justice,
General Counsel Division, effective January 1, 2006, Division 48), as follows:
OAR 137-048-0210(1) shall be
replaced with: “The College Contracting
Agencies may use the informal selection procedure described in this rule to
obtain a contract if the Estimated Fee is expected not to meet or exceed
$75,000 $150,000.”
OAR 137-048-0210(5) shall be
replaced with: “The College Contracting
Agency shall terminate the informal selection procedure and proceed with
the formal selection procedure under OAR 137-048-220 137-048-0220 if
the scope of the anticipated Contract is revised during negotiations so that
the Estimated Fee will meet or exceed $75,000 $150,000. Notwithstanding the foregoing, the College
Contracting Agency may continue Contract negotiations with the
Proposer selected under the informal selection procedure if the College Contracting
Agency makes written determinations that contracting with that Proposer
will:
(a) Promote efficient use of the College’s Contracting
Agency’s resources and result in substantial cost savings to the College
Contracting Agency; and
(b) Protect the integrity of the Public
Contracting process and the competitive nature of the procurement by not
encouraging favoritism or substantially diminishing competition in the award of
the Contract.
* * * * *
Contract Amendments
& Reinstatements CCR.302
A. The
College may award an amendment(s) to a Public Contract for additional work or
product which is reasonably related to the scope of work under the original
contract, including change orders, extra work, field orders, or other changes
in the original specifications that increases the original Contract Price
subject to the following conditions:
(1) Contract amendments must be made in writing;
(2) Amendments to contracts must fall within the scope of the original solicitation. Amendments shall not be used to circumvent rules establishing approvals at certain monetary thresholds;
(3) The original contract was let by competitive bidding or alternate contracting method or is a Special Procurement that has been exempted from competitive processes;
(4) Such amendment(s) shall not exceed a total of thirty-three percent (33%) of the original Contract Price for goods and services or twenty-five percent (25%) over the original Contract Price if the Contract is for public improvements, public works, or general trade services and the amount of the amended Contract is defined as a Small or Intermediate Procurement as these thresholds are defined in Section 300, “Public Contracts Under Certain Dollar Amounts,” Supplementary Provisions of the Community College Rules of Procurement;
(5) Such amendment(s) shall not exceed a total of fifty percent (50%) of the original Contract Price, if the original Contract Price exceeds the threshold for Intermediate Procurements as this threshold is defined in Section 300, “Public Contracts Under
Certain Dollar Amounts,” Supplementary Provisions of the Community College Rules of Procurement, and the Contract is for public improvements, public works, or general trade services;
(6) The Local Contract Review Board approves the amendment if the contract is for a Public Contract and the amended value of the contract is equal to or in excess of $100,000.
B. The “Reinstatement of Expired Contracts” means the action of reinstatement of an expired Contract that was previously properly executed containing all the required approval signatures and following all required procurement processes. The College may approve reinstatement of an expired Contract if the following conditions are met:
(1) The College determines concisely, in writing, that the failure to extend or renew the Contract in a timely manner was due to unforeseen or unavoidable conditions;
(2) The written reinstatement justification is presented to Purchasing for approval within ninety (90) days after expiration of the original Contract; and
(3) The reinstatement is exclusively for the purpose of permitting completion of the work or services for no additional compensation; or
(a) When the services are of a continuing or repetitive nature, which are compensated at an hourly, daily or similar periodic rate, the reinstatement either:
(i) Does not increase the rate of compensation; or
(ii) Does not increase the rate of compensation so as to exceed the rate of the increase determined by comparing the Portland, Oregon Metropolitan Area Consumer Price Index (all items), published immediately prior to the date the original contract was established with the same Index published immediately prior to the date of the reinstatement and extension.
(4) When a Contract is reinstated pursuant to this Rule, the College may compensate the Contractor, at the rate of compensation established in the original Contract, for work performed in the interim between the expiration of the original Contract and the execution and approval(s) of the extension or amendment.
(5) This rule authorizes only one reinstatement of a Contract.
(6) No reinstatement of a Contract must modify the original contract except with respect to the time for performance.
(7) If the reinstatement of a Contract pursuant to this rule raises the aggregate amount of compensation to a level that requires approval by the Local Contract Review Board, the College must obtain such approval before the extension becomes binding and before any services may be performed under the reinstated contract.
(8) Once a contract is reinstated, it is in full force and effect, as if it had not expired.
Stat. Auth: ORS 279A.065(5)(a); ORS 279A.070
* * * * *
Cumulative Awards
of Small Contracts (i.e., Anti-Fragmenting Rule) CCR.304
When the College awards a series of small contracts with values less than $50,000, intends to award a series of such contracts, or is likely to award a series of such contracts within one fiscal year, the sum of which will, or is likely to, meet or exceed $50,000, and the Work of which is similar, identical, or within the same operational domain, the College shall submit findings to its Local Contract Review Board to the effect that:
(1) The contracts are not intentionally fractionalized to avoid sealed, competitive public procurement; and,
(2) Competition is not being diminished by the awarding of such contracts and the consequent avoidance of public advertising of the requirement; and,
(3) Other requirements such as those of the Bureau of Labor and Industries, (prevailing wage rates), bonding, insurance and OMWESB (Office of Minority, Women and Emerging Small Business, reporting requirements), will not be avoided by the award of such contracts;
or, the College shall formulate and issue a formal solicitation for the totality of such annual requirements, and shall, as a result of such solicitation, establish a requirements contract naming one or more qualified providers, for the provision of the required goods or services.
* * * * *
Energy
Management Controls Systems CCR.308
Competitive procurement need not be used for Energy Management Controls Systems provided the hardware or software is required to match or be specifically compatible with existing equipment (see Brand Names or Marks, “or Equal,” Single Seller and Sole Source), or that the items are available from only one source and the College has determined that competition does not exist.
In determining
the appropriate procurement method for Energy Management Controls Systems or
whether competition exists, the College may consider the following
factors: the extent to which alternative
services offered are comparable or substitutable in technology; service
provided; performance; the extent to which latest upgrades and options are
offered by the manufacturer; upward and downward compatibility; and the extent
to which alternative providers can respond to the College’s interests in
consistency and continuity of services throughout its service area, volume
discounts, equitable service for all users, centralized management, and
limiting College liability.
* * * * *
Exception (Including
Sole Source) – Purchases of Goods or Services through CCR.310
Competitive procurement
processes need not be used for the procurement of goods or services when
waived, in writing, by the college’s chief fiscal officer or designee with such
approved waiver(s) being placed on file in the Purchasing office or other
designated official location; notification shall subsequently be given to the
college’s Local Contract Review Board. The
college is entitled to negotiate with any sole source Contractor to obtain a
favorable price, terms, and/or conditions.
This exception is to be used infrequently and only when deemed by the
chief fiscal officer or designee to be in the best interest of the
College.
* * * * *
Personal
Services Contracts (CCR.250 Amended) CCR.312
This rule replaces and amends Personal Services Contracts Rule CCR.250(I.)(2) to read:
(2) The College may waive the requirement for a competitive selection process and directly negotiate a Personal Services Contract, if the contract price is not more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, Rule CCR.312. “Minimum Threshold” means $25,000; “Intermediate Threshold” means $50,000. Regardless of the dollar value of the contract, the College may, at its discretion, enter into a Personal Services Contract without complying with formal or informal solicitation requirements if an Emergency, as defined in CCR.206 exists.
(a) Unless there are compelling reasons not to do so, competitive selection processes for Personal Services contractors should take place at intervals not greater than five years.
(1) Informal Selection Procedures may be used for contracts less than the Minimum Threshold (i.e., $25,000), but are not required to be used for contracts less than the Minimum Threshold.
(2) Informal Selection Procedures shall be used for contracts estimated or anticipated to be equal to or more than $25,000, but which are not estimated or anticipated to be more than or equal to the Intermediate Threshold (i.e., $50,000).
(3) Formal Selection Procedures shall be used for contracts estimated or anticipated to be equal to or more than the Intermediate Threshold (i.e., $50,000), but may be used for contracts of any estimated dollar value if it is deemed to be in the college’s best interest.
(b) The screening and selection procedures for the award of Personal Services Contracts are governed by ORS 279A.055 and are subject to the competitive procurement provisions of the Personal Services Contracting rules and procedures adopted herein. Every contract for Personal Services shall be based upon these screening and selection procedures developed by the College. Personal Services Contracts are considered "public contracts" as defined in ORS 279A.010.
This rule replaces and amends Personal Services Contracts Rule CCR.250(I.) to add:
(6) If the procurement is grant-funded, “Minimum Threshold” means the amount as identified by the grant-funding agency, if the grant-funding agency’s threshold requirements are more restrictive than the College’s. The College will follow the provisions of Personal Services contracting rules of the grant-funding agency and/or those of the College, or a combination thereof, as identified by the grantor.
This rule replaces and amends Personal Services Contracts Rule CCR.250(III.)(B)(2)(c) to read:
(c ) An evaluation committee shall evaluate Proposals. The College’s Purchasing Department shall provide the evaluation committee with guidelines for completing evaluations consistent with the process described in the RFP. The evaluation committee may consist of one or more College employees and, if desired, members of the community with experience in related services. Evaluators shall be selected on the basis of their ability to provide an objective, impartial evaluation of the proposals. If there is a conflict of interest, the evaluator shall declare this in writing and shall be excluded from participating in the evaluation.
* * * * *
Public Contracts Under Certain Dollar Amounts CCR.314
(1) The College may, at its discretion, enter into public contracts not to exceed $50,000 for the purchase of goods, materials, supplies, and services, and not to exceed $75,000 for contracts for architectural, engineering, land surveying, and related services, and public improvements or general trade services, without issuing a formal competitive Solicitation Document, if the College has determined that the awarding of the contract without issuing a formal competitive Solicitation Document will result in cost savings and the following conditions are met:
(a) The contract is for a single project, and is not a component of or related to any other project;
(b) When the amount of the contract does not exceed $5,000, defined herein as a “Small Procurement,” the College shall, where feasible, obtain competitive quotes, unless the contract is for architectural, engineering, land surveying, and related services procedures in which case a Direct Appointment (see Appendix B, 137-048-0200) may be made for contracts with Estimated Fees less than $25,000;
(c) When the amount of the contract is more than $5,000, but less than $50,000, defined herein as an “Intermediate Procurement,” and is not for architectural, engineering, land surveying services, or related services, and when the amount of the contract for architectural, engineering, land surveying services, or related services, is more than $25,000, but less than $75,000, the College shall obtain a minimum of three informally solicited competitive quotes. One of the three quotes may be obtained from a Minority/Women/Emerging Small Business firm. The College shall keep a written record of the source and amount of the quotes received. If three quotes are not available, a lesser number will suffice provided that a written record is made of the effort to obtain the quotes;
(d) The College will abide by ORS 279A.025(4), regarding Qualified Nonprofit Agencies, unless the required goods, materials, supplies or services are unavailable from a Qualified Nonprofit Agency as provided in ORS 279.835 to 279. 855;
(e) The
College shall encourage Minority, Women-owned and Emerging Small Businesses to
participate in its purchasing processes, where applicable, by notifying the
Advocate for Minority, Women and Emerging Small Business as required by ORS
200.035; and
(f) The goods or services, or class of goods or services, are available from only one source and the determination of a sole source is based upon written findings in accordance with the provisions set forth in ORS 279B.075.
(2) The College may, at its discretion, enter into public contracts for trade-related projects, i.e., construction, maintenance, repair, or similar labor and materials contracts without competitive bidding if the College has determined that the awarding of the contract without competitive bidding will result in cost savings and the following conditions are met:
(a) The contract is for a single project, and is not a component of or related to any other project;
(b) When the amount of the contract does not exceed $5,000, the College should, where feasible, obtain competitive quotes (ORS 279B.065);
(c) When the amount of the contract is more than $5,000, but less than $50,000 the College shall obtain a minimum of three competitive quotes. The College shall keep a written record of the source and amount of the quotes received. If three quotes are not available, a lesser number will suffice provided that a written record is made of the effort to obtain the quotes; and
(d) When the contract is for a “public improvement” as defined in ORS 279A.010(1)(aa) and/or for “public works” as defined in ORS 279C.800(5), and the contract price exceeds $25,000, the College and the contractor shall comply with:
(i) The prevailing wage provisions of ORS 279C.800 to 279C.870, when applicable;
(ii) The contractor registration requirements of ORS 701; and
(iii) Any other law applicable to such a contract.
(3) If more than one supplier may be available and the total purchase is estimated to exceed $50,000, the College shall select a contractor through a formal competitive solicitation process;
(4) Pursuant to ORS 279C.105, when the contract
is for architectural, engineering, land surveying, and related services, and
the Estimated Fee is $75,000 or greater, the College shall screen and select a
contractor through a formal competitive solicitation process as these
procedures are defined in Appendix B, 137-048-0220, of these Community College
Rules of Procurement.
(5) Renegotiated
Contracts for Supplies and Services
The College may
renegotiate the terms and conditions, including the Contract Price, of a
Contract without additional competition and amend a Contract if it is in the
best interest of the College subject to the following conditions:
(a) The
College must determine that, with all things considered, the renegotiated
Contract is at least as favorable to the College as the original Contract; and
(b) The renegotiated Contract will not have a
total term greater than allowed in the original Solicitation Document, Contract
or approval of a Special Procurement after combining the initial and extended
terms. For example, a one-year Contract,
renewable each year for up to four additional years, may be renegotiated as a
two to five-year Contract, but not beyond a total of five years. Also, if Contracts with a single Contractor
are restated as a single contract, the term of the single Contract may not have
a total term greater than any one of the prior Contracts.
(c) If a Contractor offers a lower price in
exchange for a change in term or condition that was expressly rejected in the
original solicitation, the amended Contract may be structured with this changed
term as an optional, but not as a mandatory Contract term.
(d) If the Contract is the result of a
Cooperative Procurement, the amended Contract must be within the Scope of the
Original Contract and may not materially change the terms, conditions, and
prices of the Original Contract.
(6) Contracts awarded under CCR.314.1.(b) shall
be subject to preference, first for
college service units, and second for in district vendors. The College
is committed to the procurement of high quality services and products that
represent a good value to the College. The College will support its own service
units and the vendors within the local two-county district to the extent
possible. It is acknowledged that there will be some situations where service
units will not meet the needs of the college departments and purchases will be
made off campus.
(a) In order to maintain quality and
value of service and product, and for the convenience and consistency of same,
college departments are to first attempt to procure such services or products
from the college units assigned to provide them whenever feasible. Departments
purchasing off campus should consider all costs involved in the purchase.
(b) In order to support local businesses
within the district, departments are encouraged to procure services or products
from local vendors when a college service unit cannot meet the request. This
should not be done if the cost is significantly greater than from vendors
outside the district.
(7) Contracts awarded under CCR.314.1.c and 314.2.c shall be competitive and
contracts shall be presumptively awarded on the basis of lowest offered cost.
If two or more offers are submitted with equal costs, the contract shall be
awarded by the drawing of lots with such drawing supervised by the College’s
Director of Fiscal and Auxiliary Services.
(8) The College reserves the right to exercise
its sound discretion in awarding of all contracts under section 314.7, and may
award a contract to an offeror who has not submitted the lowest cost offer.
Before the College awards a contract to an offeror who has not submitted the
lowest cost offer, the Director of Fiscal and Auxiliary Services shall be
required to issue a written finding that the accepted offer represents higher
value for the College. (e.g., goods or supplies have a higher guarantee of
quality, goods or supplies can be furnished in a more timely manner, poor prior
performance of the low cost offeror, etc.)
(9) If the procurement is grant-funded, “Minimum Threshold” means the amount as identified by the grant-funding agency, if the grant funding agency’s threshold requirements are more restrictive than the College’s. The College will follow the provisions of the Public Contracting rules of the grant-funding agency and/or those of the College, or a combination thereof, whichever are more restrictive.
* * * * *
Rejection of an Offer CCR.316
This rule amends (i.e.,
additions are indicated by italics and deletions are indicated by a line
drawn through the word(s) that has been stricken.), Appendix B of these
Community College Rules of Procurement (i.e., Model Public Contract Rules
adopted on December 27, 2005, by the State of Oregon, Department of Justice,
General Counsel Division, effective January 1, 2006, Divisions 48 and 49), as
follows:
OAR 137-047-0640(1)(b) shall be replaced with:
“(b) The
College shall may reject an Offer upon the College’s finding that
the Offer:”
OAR
137-049-0440(1)(b) shall be replaced with:
“(b) The
College shall may reject an Offer upon the College’s finding that
the Offer:”
* * * * *
Space
Rentals (hotels, conferences, temporary offices, etcetera) CCR.318
Competitive procurement
need not be used for the rental of real estate, floor space or other short- or
long-term rentals of physical space.
* * * * *
Special
Risk Insurance Policies CCR.320
Types of Special Risk Insurance Policies shall include, but not be limited to, policy/policies for: Accidental Death and Dismemberment for Board of Education Travel; Student Athletic Accident and Injury; College Volunteers; Day Care Students; optional Medical coverage for Students; and International Student (federally mandated), coverage. The College may, at its discretion, exempt Special Risk Insurance Policies from competitive bidding requirements, subject to the following conditions:
The College shall take into consideration market realities and determine:
(a) whether comparable benefits/services at competitive prices are available;
(b) Contractor’s ability to assure continuous quality delivery of services;
(c) if it is cost effective for the College to contract for the direct right for the insurer or the insurer’s agent; and
(d) if applicable, whether Contractor’s past performance has been satisfactory.