PERSONAL SERVICE CONTRACTS
The Oregon Department of Veterans' Affairs (ODVA) will contract for services only when the work cannot be done in a reasonable time with the ODVA's own work force; when it will be less expensive to contract for the work; when the required skills are not available within the ODVA; or when an impartial opinion is required. The selection of the most qualified contractor will be based on, but not limited to, cost, the contractor's demonstrated capabilities, experience, and project approach. Efforts will be made to encourage disadvantaged and emerging small businesses, minorities, and women to submit proposals.
Stat. Auth.: ORS 279.051, ORS 291.021, ORS 406.030 & ORS 407.115
Stats. Implemented:ORS 279.051, ORS 279.712, ORS 291.021, ORS 406.030, ORS 407.115, ORS 407.169, ORS 407.177, ORS 407.179, ORS 407.181, ORS 407.275, ORS 407.377, ORS 407.465 & ORS 408.360
Hist.: DVA 19-1982, f. & ef. 8-16-82; DVA 4-1992(Temp), f. & cert. ef. 4-1-92; DVA 8-1992, f. & cert. ef. 8-3-92; Renumbered from 274-005-0005; DVA 5-1996, f. & cert. ef. 7-22-96
Informal Process ($75,000 and Under)
(1) When the amount of the contract will be equal to or less than $75,000 the Oregon Department of Veterans' Affairs (ODVA) may use an informal selection process. Under this process the ODVA may solicit qualifications or proposals in writing or by telephone, from a minimum of three prospective contractors and immediately select the most qualified contractor.
(2) The ODVA may make immediate and direct appointments whenever conditions require prompt action to protect loss of life or property.
Stat. Auth.: ORS 279.051, ORS 291.021, ORS 406.030 & ORS 407.115
Stats. Implemented: ORS 279.051, ORS 279.712, ORS 291.021, ORS 406.030, ORS 407.115, ORS 407.169, ORS 407.177, ORS 407.179, ORS 407.181, ORS 407.275, ORS 407.377, ORS 407.465 & ORS 408.360
Hist.: DVA 4-1992(Temp), f. & cert. ef. 4-1-92; DVA 8-1992, f. & cert. ef. 8-3-92; DVA 5-1996, f. & cert. ef. 7-22-96; DVA 5-2000, f. & cert. ef. 4-24-00
Formal Process (Over $75,000)
(1) Except as provided under subsection (3)(b) and section (4) of this rule or OAR 274-005-0045, the Director of Veterans' Affairs (director) shall make a public announcement to obtain a list of contractors interested in providing professional services to the director. The director will request statements of qualifications or proposals, or both, for either single projects or groups of projects. The announcement will be made in trade periodicals or newspapers of general circulation, and electronically through the Department of Administrative Services on-line Vendor Information Program (VIP) and may include the following:
(a) Description of project type(s);
(b) Typical project(s) scope;
(c) Anticipated project start and completion dates;
(d) Any special requirements;
(e) Closing date by which statements of interest and qualifications must be received; and
(f) Evaluation criteria and selection procedure.
(2) Initial screening:
(a) The director shall establish an evaluation committee. The committee shall, for each proposed project, evaluate statements of qualifications and performance data. The committee shall evaluate each firm on areas including, but not limited to:
(A) Approach to the project;
(E) Performance data (when applicable); and
(F) Proposed project cost.
(b) Based on the established evaluation criteria, the committee shall select, in order of preference, a list of at least three firms (short list) deemed to be most highly qualified to provide the required services;
(c) The evaluation committee will interview the short listed firms and make a recommendation to the director on which one should be hired. When a proposal is requested, the evaluation committee may elect to eliminate the interview step and recommend the most qualified firm to the director.
(3) Final Selection:
(a) The director or designee shall select the most qualified firm and negotiate a contract with that firm. In making the final selection, the director shall consider the estimated value of the services to be rendered, the project scope, and complexity:
(A) Should the director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm will be formally terminated. The director will then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the director will terminate negotiations. The director will then undertake negotiations with the third most qualified firm.
(B) Should the director be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualifications and continue negotiations in accordance with this section until an agreement is reached or a decision not to contract for professional services is made.
(b) When the director determines that only one firm exists that is capable of performing the required services, within the required time frame, the director may negotiate a sole source contract with that firm. "Sole source" means a consultant providing professional or technical expertise of such a unique nature that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be based on either the uniqueness of the service or sole availability at the location required. A sole source designation eliminates the necessity for a selection process.
(4) Special Services. In cases where the service needed is one performed only by a specialized group such as Certified Public Accountants and other similar specialties (and a list of qualified persons, companies, or firms interested in providing this service is maintained by a state or federal agency, a company specializing in maintaining such a list, or is available from another source) the director may obtain and use such a list in lieu of making a public announcement. The director may also include on any such list persons, companies, or firms known by the director to be interested or qualified to provide the needed services. The director will utilize the process set out in sections (2) and (3) of this rule to select the contractor.
Stat. Auth.: ORS 279.051, 279.712, 406.030,
407.115, 407.169, 407.177, 407.179, 407.181 & 407.275
Stats. Implemented: ORS 279.051, 279.712, 406.030, 407.115, 407.169, 407.177, 407.179, 407.181, 407.275, 407.377, 407.465 & 408.360
Hist.: DVA 4-1992(Temp), f. & cert. ef. 4-1-92; DVA 8-1992, f. & cert. ef. 8-3-92; DVA 7-1993, f. 5-18-93, cert. ef. 5-21-93; DVA 5-1996, f. & cert. ef. 7-22-96; DVA 5-2000, f. & cert. ef. 4-24-00; DVA 2-2005, f. & cert. ef. 4-22-05; DVA 1-2015(Temp), f. & cert. ef. 3-26-15 thru 9-21-15
Bond Counsel and Financial Advisor Procurement and Contracting
(1) Pursuant to ORS 286A.130 (7), the Public Contracting Code does not apply to procurement processes and contracts for bond counsel or financial advisor services of the Department of Veterans’ Affairs.
(2) Subject to review and approval of the terms and conditions of bond counsel contracts by the State Treasurer and the Attorney General, the department is authorized to establish its own procedures for procurement of and contracting for the services of bond counsel so long as such contracts:
(a) Are for a period of not less than one year during any biennium in which there are bonds outstanding that were issued for the department or during any biennium in which the department expects the State Treasurer to issue bonds for a department program; and
(b) Do not authorize bond counsel to advise or represent the state on matters that are committed by statute to the Attorney General, except as allowed under ORS 286A.130 (3).
(3) Subject to the approval of financial advisor contracts by the State Treasurer, the department is authorized to establish its own procedures for procurement of and contracting for the services of financial advisors.
(4) The department chooses to maintain maximum reasonable discretion in the procurement of services from bond counsel and financial advisors and the execution of contracts with same given the statutorily-recognized complex and often unique factors that may be relevant over time in such relationships. Neither the model rules of the Attorney General adopted pursuant to ORS 279A.065 nor OAR 274-005-0040 nor other rules of this division govern the department’s procurement and contracting under this section. The department may act in such manner as is deemed by the department to best serve the purposes of the department and will consider the Attorney General’s model rules and the processes and standards identified in OAR 274-005-0040 and other rules of this division for guidance in exercising its procurement and contracting discretion under this section. The department may consider other factors and employ other procedures as they may be deemed appropriate by the department in the procurement of or contracting for such services, including, but are not limited to factors and procedures such as :
(a) The value or importance of continuity of services;
(b) Unique or additive knowledge or experience of specific firms or persons;
(c) The subject matter of the proposed contract and appropriate means to ensure successful performance at competitive costs where practical;
(d) Specificity with respect to communication and reservation of rights in any procurement;
(e) Clarity in the naming and description of parties as well as consideration of appropriate preferences;
(f) Ascertaining and obtaining appropriate representations and warranties as to the qualifications of parties;
(g) Specificity with respect to consideration and applicable time periods;
(h) Specificity with respect to terms and covenants, particularly as to standards applicable to the performance of all work or delivery of goods;
(i) Identification of remedies and their suitability to protect Department and program interests; and
(j) Use of appropriate terms with respect to standard provisions such as governing law, venue, waiver, exhibits, merger, etc.
(5) As a general standard, the department will seek to employ procedures as are practical to introduce competitive efficiencies and sound selections given the particular circumstances, complex regulations and governing law applicable to such legal and financial considerations.
Stat. Auth: ORS 406.050, 406.115
Stats. Implemented: ORS 279A.065, 286A.130
Hist.: DVA 1-2015(Temp), f. & cert. ef. 3-26-15 thru 9-21-15
(1) The Director of Veterans' Affairs (director) will maintain as a public record a list of those individuals who are authorized to sign personal service contracts on behalf of the director.
(2) The director will maintain a file and complete record of all personal service contracts and the administration and development of contract negotiations. The contract file will include:
(a) Statement of agency justification for the contract;
(b) Written justification for negotiation in lieu of competitive procurements when negotiation is used for personal service contracts in excess of$75,000 per agreement per fiscal year.
(3) For contracts in excess of $75,000 per fiscal year, the contract file will include the following:
(a) A copy of the request for proposal;
(b) List of prospective contractors who were requested to submit proposals;
(c) Method used to advertise/notify other possible prospective contractors;
(d) A copy of each proposal
(e) Method of evaluating proposals;
(f) Record of negotiations and results;
(g) How the contractor was selected, including the basis for awarding the contract; and
(h) Resulting contact, if awarded; and
(i) A completed Form W-9, Payer's Request for Taxpayer Identification Number and Certification, as applicable.
(4) For contracts of $75,000 or less, the contract file will include the following:
(a) The names of firms or individuals and cost estimates/quotations considered;
(b) The basis for selection of the contractor;
(c) How reasonableness of price was determined; and
(d) A completed Form W-9, Payer's Request for Taxpayer Identification Number and Certification, as applicable.
[ED. NOTE: The Form(s) referenced in this rule is not printed in the OAR compilation. Copies are available from the agency.]
Stat. Auth.: Ch. 214, OL 1997, ORS 406.030, ORS 407.115 & ORS 407.125
Stats. Implemented: Ch. 214 OL 1997, ORS 407.115 & ORS 407.125
Hist.: DVA 19-1982, f. & ef. 8-16-82; DVA 4-1992(Temp), f. & cert. ef. 4-1-92; DVA 8-1992, f. & cert. ef. 8-3-92; Renumbered from 274-005-0010; DVA 7-1993, f. 5-18-93, cert. ef. 5-21-93; DVA 5-1996, f. & cert. ef. 7-22-96; DVA 5-2000, f. & cert. ef. 4-24-00
(1) During the course of the contract project deviations, amendments, or needs of change may be encountered. Such deviations will be renegotiated by the Department of Veterans' Affairs.
(2) Any amendments must comply with the provisions of OAR 125-246-0560.
Stat. Auth.: ORS 279A, 291.021, 406.030 & 407.115
Stats. Implemented: ORS 406.410, 407.115, 407.225, 407.377, 407.465 & 408.360
Hist.: DVA 19-1982, f. & cert. ef. 8-16-82; DVA 4-1992(Temp), f. & cert. ef. 4-1-92; DVA 8-1992, f. & cert. ef. 8-3-92, Renumbered from 274-005-0015; DVA 5-1996, f. & cert. ef. 7-22-96; DVA 10-2006, f. & cert. ef. 7-27-06
Oregon State Archives • 800 Summer St. NE • Salem, OR 97310