Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0630 - Findings, Notice and Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cost Savings and Other Substantial Benefits Factors. When Findings are required
			 under ORS 279C.335 to exempt a Contract or
			 class of Contracts from the competitive bidding requirements, the "substantial
			 cost savings and other substantial benefits" criteria at 279C.335(2)(b) require
			 consideration of the type, cost and amount of the Contract and, to the extent
			 applicable, the other factors set forth in 279C.335(2)(b). If a particular
			 factor has no application whatsoever to the particular Public Improvement
			 Contract or class of Public Improvement Contracts, the Director of the Oregon
			 Department of Administrative Services, the Director of Transportation or the
			 local contract review board does not need to consider that factor, and the
			 Contracting Agency is not required to address the factor, other than to explain
			 why the factor has no application whatsoever to the particular Public
			 Improvement Contract or class of Public Improvement Contracts..
(2) Required Information. The statutory
			 definition of "Findings" at ORS
			 279C.330(2),
			 which applies to exemptions from competitive bidding under ORS
			 279C.335, means the
			 justification for a Contracting Agency or State Agency conclusion regarding the
			 factors listed in both ORS
			 279C.335(2)(a)
			 and 279C.335(2)(b)
			 or, in the alternative, both 279C.335(2)(a) and 279C.335(2)(c). For an
			 exemption granted by the Director of the Oregon Department of Administrative
			 Services or the Director of Transportation under ORS
			 279C.350 by order, however, the
			 order must also include the Findings listed in ORS
			 279C.330(1).
(3) Addressing Cost Savings. Accordingly,
			 when the Contract or class of Contracts under consideration for an exemption
			 contemplates the use of Alternative Contracting Methods, the "substantial cost
			 savings and other substantial benefits" requirement may be addressed by a
			 combination of:
(a) Specified Findings that
			 address the factors and other information specifically identified by statute,
			 including, but not limited to, an analysis or reasonable forecast of present
			 and future cost savings and other substantial benefits; and
(b) Additional Findings that address industry
			 practices, surveys, trends, past experiences, evaluations of completed projects
			 required by ORS 279C.355 and related information
			 regarding the expected benefits and drawbacks of particular Alternative
			 Contracting Methods. To the extent practicable, such Findings shall relate back
			 to the specific characteristics of the project or projects at issue in the
			 exemption request.
(c) As an
			 alternative to the "substantial cost savings and other substantial benefits"
			 requirement in ORS 279C.335(2)(b),
			 if an Alternative Contracting Method has not been previously used, the
			 Contracting Agency or State Agency may make a Finding that identifies the
			 project as a "pilot project" under ORS
			 279C.335(2)(c).
			 Nevertheless, the Contracting Agency or State Agency must still make the
			 Findings required in ORS
			 279C.335(2)(a).