Community College Purchasing Rules

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.206 Emergency Contracts (Including Oil or Hazardous Material Removal)

CCR.208 Equipment Repair and Overhaul (Including Maintenance Agreements)

CCR.212 Intellectual Property (Periodicals/Library Books, Proprietary Software

Licenses, Art, and Other Products of the Creative Process

CCR.214 Intergovernmental Cooperative Purchasing Participation (Oregon Cooperative

Purchasing Program, Western States Contracting Alliance, Association of Educational

Purchasing Agencies, Oregon Educational Technology Consortium, US Communities

& Government Purchasing Alliance, Etcetera)

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.224 Request for Proposals

CCR.226 Requirements Contracts

CCR.228 Resale – Items for

PERSONAL SERVICES CONTRACTING RULES

CCR.250 Personal Services – General

PUBLIC IMPROVEMENT CONTRACTS EXCEPTIONS AND EXEMPTIONS

CCR.280 Alternate Contracting Methods

CCR.282 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 Amount: 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)

APPENDIX A: PROCUREMENT-RELATED COLLEGE PROCEDURES/POLICIES INCORPORATED HEREIN BY REFERENCE

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 Sale of Goods and Services

D002 Purchasing—General

D005 Disposition of Surplus College Assets

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, ADOPTED ON DECEMBER 27, 2005, BY THE STATE OF OREGON, DEPARTMENT OF JUSTICE, GENERAL COUNSEL DIVISION, EFFECTIVE JANUARY 1, 2006.

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 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 Affirmative Action; Limited Competition Permitted

137-046-0210 Subcontracting to and Contracting with Emerging Small Businesses

137-046-0300 Preference for Oregon Goods and Services; Nonresident Bidders

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.)

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 Competitive Range, Multi-tiered and Multistep Proposals

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

137-047-0750 Judicial Review of Other Violations

137-047-0760 Review of Prequalification and Debarment Decisions

137-047-0800 Contract Amendments

DIVISION 48 CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS (See also CCR.301.)

137-048-0100 Application; Effective Date

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 RFP or RFQ Cancellation; 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 Effect of Material Alteration or Delay of Project

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

137-049-0400 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

137-049-0650 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

137-049-0820 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(z). (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 profitmaking 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) “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.

(5) “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.

(6) “Closing” means the date and time specified in a Solicitation Document as the deadline for submitting Offers.

(7) “Code” means the Public Contracting Code, as defined in ORS 279A.010.

(8) “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.

(9) “Competitive Range” means the Offerors with whom the College will conduct discussions or negotiate if the College intends to conduct discussions or negotiations in accordance with its own rules.

(10) “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.

(11) “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.

(12) “Contract” means a “Public Contract,” as defined in ORS 279A.010(1)(x), 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.

(13) “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.

(14) “Contract Review Authority” means the College’s Local Contract Review Board as set forth in ORS 279A.060.

(15) “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; and (3) total estimated expenses incurred for which the College would be required to report to the Internal Revenue Service (e.g., 1099).

(16) “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.

(17) “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.

(18) “Descriptive Literature” means Written information submitted with the Offer that addresses the Goods and Services included in the Offer.

(19) “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.

(20) “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.

(21) “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.

(22) “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.

(23) “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.

(24)“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.

(25) “Enterprise Funds” means funds intended to be profitmaking and/or self-sustaining for providing product or services to the College’s customers. (See also “Auxiliary 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.

(26) “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.

(27) “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.

(28) “Facsimile” means electronic equipment that communicates and reproduces both printed and handwritten material.

(29) “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.

(30)“Goods and Services” or “Goods or Services” have the meaning set forth in ORS 279B.005(1)(b).

(31) “Invitation to Bid” (ITB) means all documents used for soliciting Bids in accordance with either ORS 279B.055 or 279C.335. (See also “Competitive Sealed Bidding.”)

(32) “Life Cycle Costing” means determining the cost of a product for its estimated useful life, including its disposal.

(33) “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.

(34) “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.

(35) “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.

(36) “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.

(37) “ORS” means Oregon Revised Statutes.

(38) “Offer” means a response to a Solicitation Document that is binding on the Offeror.

(39) “Offeror” means a Person, who submits an Offer.

(40) “Opening” means the date, time and place announced in the Solicitation Document for the public opening of Written sealed Offers.

(41) “PCC” means Public Contracting Code as it is defined in ORS 279A.010(z).

(42) “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.

(43) “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.

(44) “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.

(45) “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.)

(46) “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.

(47) “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.

(48) “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.

(49) “Proposal” means an Offer in response to a Request for Proposals.

(50) “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)(x)).

(51) “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.

(52) “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 the predominant basis for contract award.

(53) “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.

(54) “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 279.070, 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,