Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0040 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contracting Authority. The Department and other Agencies must contract directly
			 with an OFC for a Contract to qualify for the exception from the competitive
			 procurement requirement in ORS
			 279A.025 for Contracts under the Oregon Forward Program. Contracts between multiple
			 Agencies and an OFC satisfy this requirement that the Agencies must contract
			 directly with an OFC.
(2) Contract
			 Disputes. Contract performance issues and disputes arising out of Contracts
			 entered into under the Oregon Forward Program, such as disputes concerning
			 timely delivery of products or performance of services or compliance with
			 specifications, must be resolved exclusively between the OFC and the Agency
			 that is a party to the Contract, and will not be resolved by the Department
			 (except where the Department is a party to the Contract with the
			 OFC).
(3) Temporary Services for
			 State Agencies. In each Contract for the provision of temporary services
			 entered into by a state agency under the Oregon Forward Program, the OFC must
			 monitor the prior and current work assignments of its employees who work under
			 the Contract to ensure that no employee performs services for the state in
			 excess of a total of 1,040 hours in a 12-month period. An Oregon Forward
			 temporary service provider must obtain a written statement from the employee
			 attesting to the total hours worked as a temporary employee for any state
			 agency during the last 12 months. A state agency filling behind an employee on
			 approved leave may continue beyond 1,040 hours in a 12-month period only when
			 the temporary employee replaces a single employee on approved leave. The
			 temporary appointment may not exceed the period of the approved
			 leave.
(4) Competitive Public
			 Contract Bidding by an OFC. If an OFC submits, to any Agency, a competitive
			 bid, proposal, quote or other offer in a competitive procurement for a public
			 Contract that is not subject to ORS
			 279.850(1)(c),
			 then regardless of whether the offer was accepted, that OFC may not, at any
			 time during the initial term of the Contract for which the OFC submitted a
			 competitive offer, make any claim to the Agency that instituted the procurement
			 for the Contract that the product or service that was the subject of the offer
			 should have been subject to the requirements of the Oregon Forward
			 Program.
(5) Selecting an Oregon
			 Forward Provider. If only one OFC provider has been deemed suitable by DAS to
			 provide a needed product or service, the Agency must contract with that
			 provider. In cases where more than one Oregon Forward OFC provider has been
			 determined suitable for an Agency's needs, an Agency may choose one of several
			 methods to select an Oregon Forward provider.
(a) An Agency with knowledge of an OFC's
			 performance, reputation or other factors, and a desire to contract with that
			 Oregon Forward provider, may enter into a Contract with the selected OFC,
			 subject to DAS price determination without a competitive solicitation process.
			 Agencies are encouraged to retain successful Oregon Forward providers whenever
			 possible to support the purpose of the program described in ORS
			 279.840 and to avoid
			 disrupting employment of Individuals with Disabilities.
(b) An Agency may conduct a competitive
			 procurement for a product or service between or among two or more OFCs under
			 ORS
			 279.850(1)(c).
			 The Agency may grant comparative evaluation points, percentages, or values in
			 conducting the substantial equivalent of a request-for-proposals competition.
			 Since the Price Determination is made by DAS after an OFC has been selected and
			 after scope, specifications, terms and conditions have been negotiated between
			 Agency and the chosen OFC, price may not be considered in the evaluation
			 process as an OFC is not able to bind itself to any set Price due to the Price
			 determination requirement under ORS
			 279.850(1)
			 and OAR 125-055-0030(6). Evaluative factors that may be considered include:
(A) References from past or current
			 customers;
(B) Experience
			 fulfilling similar Contracts;
(C)
			 Equipment and other resources as may be used to fulfill the statement of
			 work;
(D) Wages, health care
			 benefits, alternative dispute resolution services, and pension or other
			 retirement arrangements that are better, in the aggregate, than the average
			 wages, health care benefits, alternative dispute resolution services, and
			 pension or other retirement arrangements that private employers provide to
			 employees performing the same or similar job duties in the relevant industry in
			 the county in which the selected OFC will deliver the products or perform the
			 services. The value for any criteria related to compliance with all applicable
			 local ordinances and resolutions that govern labor standards, and wages, health
			 care, etc., may not exceed fifteen (15) percent of the total available criteria
			 being considered for this competitive procurement process.
(E) Quality assurance procedures, systems,
			 communication and other written plans for fulfilling the statement of
			 work.