Oregon Administrative Rules › Chapter 584 - TEACHER STANDARDS AND PRACTICES COMMISSION › Division 1 - PROCEDURAL RULES › Section 584-001-0020 - Personal Service Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Teacher Standards and Practices Commission occasionally requires the
			 services of a consultant to accomplish all or part of a project. This rule
			 establishes procedures to be followed for screening and selection of Personal
			 Service Contractors.
(2) The
			 Executive Director is authorized to enter into personal service contracts for
			 assignments approved by the Commission, such as investigators for discipline
			 cases, within the expenditure limitations established by the legislature.
			 Personal service contracts for other tasks not previously a part of TSPC's
			 legislatively-approved budget shall be approved by the Commission prior to
			 initiating work on the contract.
(3) The Commission will contract for
			 consultant services when: the specialized skills, knowledge, and resources are
			 not available within the Commission or its staff; when the work cannot be done
			 in a reasonable time with the Commission's own work force; when an independent
			 and impartial evaluation of a situation is required by a consultant with
			 recognized professional expertise and stature in a field; or when it will be
			 less expensive to contract for the work.
(4) A personal service contract with a
			 consultant who is a member of the Public Employees Retirement System (PERS) and
			 who is employed in another state agency will normally be in the form of an
			 interagency agreement. If such an agreement is impractical and the work will be
			 done strictly on the consultant's own time, a regular Personal Service Contract
			 will be established.
(5) A personal
			 service contract shall establish the specific duties to be performed, the
			 standards of performance to be met with the product, and a delivery schedule
			 for completion. The letter of agreement shall indicate the consideration for
			 services to be performed and the nature and amount of reimbursement for
			 expenses, if any.
(6) Contracts of
			 $1,000 or less may be initiated by the Executive Director and submitted to
			 Department of Administrative Services (DAS) contract administrator following
			 execution of the contract. Contracts in excess of $1,000, but less than
			 $25,000, shall be approved by DAS prior to execution of the contract. Contracts
			 of $25,000 or more shall be submitted to the Attorney General's office for
			 review of legal sufficiency and shall be approved by DAS prior to execution.
			 Contracts for computer services and programming shall be submitted to DAS for
			 review. Copies of all contracts shall be filed with DAS contract officer and
			 with TSPC's accountant in DAS.
(7)
			 A contract file will be maintained by the Commission. The file will contain a
			 complete record of the actions involved in developing and administering the
			 contract including the following:
(a)
			 Statement of agency justification for the contract;
(b) Written justification in lieu of
			 competitive procurements when negotiation is used for personal service
			 contracts in excess of $2,500 per agreement per fiscal year;
(c) Methodology/rationale by which rates are
			 established for contracts in excess of $2,500 per agreement per fiscal year may
			 include the following:
(A) A copy of the
			 request for approval;
(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 contract;
(H) Resulting contract, if awarded.
(d) All contracts of $2,500 per
			 agreement or less should include:
(A) The
			 names of firms or individuals and cost estimates/quotes considered;
(B) The basis for selection of the
			 contractor;
(C) How reasonableness
			 of price was determined.