Oregon Bulletin
January 1, 2011
Rule
Caption: Establishes the Oregon Educators
Benefit Board policy for eligibility violations and policy term violations.
Adm.
Order No.: OEBB 16-2010
Filed with Sec. of
State: 12-10-2010
Certified to be
Effective: 12-10-10
Notice Publication
Date: 8-1-2010
Rules Adopted: 111-080-0040, 111-080-0045, 111-080-0050
Subject: OARs 111-080-0040, 111-080-0045 and 111-080-0050
establish OEBB’s policy for eligibility violations and policy term violations
which pertain to and affect OEBB members.
Rules Coordinator: April Kelly—(503) 378-6588
111-080-0040
Eligibility and Policy Term
Violations - Definitions
For the purposes of OAR 111-080-0045 and 111-080-0050,
the following definitions will apply:
(1) “Eligibility or Enrollment Violations” means and
includes a violation of the Oregon Educators Benefit Board’s eligibility or
enrollment rules or policies including fraud or material misrepresentation.
Misstatements, misrepresentations, omissions or concealments on the part of the
OEBB member are not fraudulent unless they are made with intent to knowingly
defraud. OEBB has primary responsibly in investigating such violations.
(2) “Policy Term Violations” means and includes a
violation of the insurance carrier’s policy terms. The insurance carrier has
primary responsibility in investigating such violations.
Stat. Auth: ORS 243.860 –
243.886
Stats. Implemented: ORS
243.864(1)(a)
Hist.: OEBB 16-2010, f. &
cert. ef. 12-10-10
111-080-0045
Eligibility Violations
OEBB will remove from coverage an OEBB member due to
eligibility or enrollment violations. Removal from all benefit plans will be
retroactive to the date the individual person is determined to have no longer
been eligible, or the effective date of coverage if eligibility criteria was
never met.
(1) Enrollment in another plan offered by OEBB is
restricted for at least three plan years, including the current Plan Year.
(2) When an eligibility or enrollment violation has
been discovered and investigated, OEBB will notify the member and the
Educational Entity with the outcome. If the outcome includes rescission of
coverage, OEBB will give a 30 day notice of such rescission prior to
terminating coverage retroactively to the date the member was no longer
eligible for benefits.
(3) The member may be responsible for any claims paid
during the period of time the member was enrolled inappropriately.
Stat. Auth: ORS 243.860 –
243.886
Stats. Implemented: ORS 243.864(1)(a)
Hist.: OEBB 16-2010, f. &
cert. ef. 12-10-10
111-080-0050
Policy Term Violations
(1) An OEBB-contracted insurance carrier may remove
from coverage and/or deny the claims of an OEBB member due to policy term
violations. Removal from coverage for policy term violations is at the
discretion of the insurance carrier.
(a) If a policy term violation results in a termination
from the plan or carrier that the violation was committed, it will not prevent
the member from continuing enrollment in other OEBB types of coverages (e.g.,
medical, dental, vision, life, etc.), as long as they remain an employee and
eligible for these benefits.
(b) If an eligible employee commits a policy term
violation and loses coverage, OEBB will remove the entire family from the
insurance plan since the benefits are extended to his or her dependents through
the eligible employee. If the eligible employee chooses to, and it is offered,
they can enroll in a different carrier plan (if applicable) during open
enrollment and cover themselves and dependents during the upcoming plan year.
(c) If a dependent commits a policy term violation,
OEBB will remove only the dependent from the insurance plan. If the eligible
employee chooses to and it is offered, they can enroll in a different carrier
plan (if applicable) during open enrollment and cover the dependent during the
upcoming plan year, or as defined by the carrier.
(d) The OEBB member who is removed from an OEBB
sponsored insurance plan may appeal the decision through the entity that
terminated coverage. Once the appeal process is completed the OEBB member can
request an Administrative Review.
(e) When a policy term violation has been discovered
and investigated, the applicable insurance carrier will notify OEBB and the
member with the outcome.
(2) The insurance carrier may do the following when a
member has violated a provision of the policy the OEBB member has enrolled in,
committed fraudulent activity or misrepresentation:
(a) The insurance carrier may retain the value of any
expenditure it made related to the member who committed the fraudulent activity
or misrepresentation.
(b) The insurance carrier may deny future enrollments
of the individual in accordance with the carrier’s policies.
Stat. Auth: ORS 243.860 –
243.886
Stats. Implemented: ORS
243.864(1)(a)
Hist.: OEBB 16-2010, f. &
cert. ef. 12-10-10
Rule
Caption: Amended to update and incorporate
policies and By-laws into rule.
Adm.
Order No.: OEBB 17-2010(Temp)
Filed with Sec. of
State: 12-13-2010
Certified to be
Effective: 12-13-10 thru 6-10-11
Notice Publication
Date:
Rules Amended: 111-002-0005
Subject: The amendments to 111-002-0005 include early retirees
and dependent as well as the educational entities that we provide services to
and ultimately impact. Other amendments to this rule also include statements
about what authority may be delegated to staff. Previously, this was in the
OEBB By-laws but did not exist in rule. These amendments incorporate into rule
several statements that are written n policy or the Board by-laws. Based upon
this new knowledge and review of our rules, it was determined that it is very
important to include several statements that guide our administrative processes
into rule. All amendments have been reviewed by DOJ.
Rules Coordinator: April Kelly—(503) 378-6588
111-002-0005
Powers and Duties of the Board
(1) Pursuant to ORS 243.864, it will be within the
powers and duties of the Board to study all matters connected with providing
adequate benefit plan coverage for Eligible Employees, Early Retirees and their
Dependents, with concern for the welfare of the Employees, Early Retirees and
their Dependents and affordability for the Educational Entities.
(2) The board will design benefit plans, devise
specifications, invite proposals, analyze responses to requests for proposals,
and decide on the award of contracts for benefit plan coverage of Eligible
Employees, Early Retirees and their Dependents.
(3) The Board will work collaboratively with
Educational Entities, members, carriers and providers to offer value-added
benefit plans that support improvement in members’ health status, hold carriers
and providers accountable for outcomes, and provide affordable benefits and
services. The board will place emphasis on:
(a) Employee choice among high-quality benefit plans;
(b) A competitive marketplace;
(c) Benefit plan performance and information;
(d) Educational Entity flexibility in benefit plan
design and contracting;
(e) Quality customer services;
(f) Creativity and innovation;
(g) Benefit plans as part of total employee
compensation;
(h) Improvement of employee health;
(i) An innovative delivery system;
(j) A focus on improving quality and outcomes;
(k) Promotion of health and wellness;
(l) Appropriate provider, health plan, and consumer
incentives;
(m) Accessible and understandable information about
costs, outcomes, and other health data; and
(n) Benefits that are affordable to the Educational
Entities and Employees, Early Retirees and their Dependents.
(4) The Board may retain consultants, brokers, or other
advisory personnel as it determines necessary and will employ such personnel as
are required to perform the functions of the Board.
(5) The Board may delegate authority to the
Administrator and Staff to complete duties described in (2)-(4) above.
Stat. Auth: ORS 243.864 - 243.886
Stats. Implemented: ORS 243.864
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
17-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
Rule
Caption: Amendments to procurement and
contracting rules per DOJ review.
Adm.
Order No.: OEBB 18-2010(Temp)
Filed with Sec. of
State: 12-13-2010
Certified to be
Effective: 12-13-10 thru 6-10-11
Notice Publication
Date:
Rules Adopted: 111-005-0047, 111-005-0055, 111-005-0080
Rules Amended: 111-005-0010, 111-005-0015, 111-005-0020,
111-005-0040, 111-005-0042, 111-005-0044, 111-005-0046, 111-005-0050,
111-005-00070
Rules Suspended: 111-005-0060
Subject: All amendments made to OEBB’s division 5 are change
that were reviewed by DOJ. These amendments clarify that the DOJ Model Public
Contract Rules apply to when OEBB’s and DAS’ procurement and contracting rules
do not. In addition, amendments made to division 5 have been updated to reflect
the more detailed standards now found in the state public contracting and
procurement rules and statutes.
Rules Coordinator: April Kelly—(503) 378-6588
111-005-0010
Policy
The policy of the Oregon Educators Benefit Board (OEBB)
is to select contractors and consultants in an expeditious, fair, and efficient
manner that is consistent with the goal of delivering high-quality benefits and
other services at a cost that is affordable to the Employees, Early Retirees
and their Dependents and Educational Entities, and meets the requirements of
ORS 243.866. The Board may enter into more than one contract for each type of
benefit plan or other service sought.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Ch. 7 OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0015
Renewal, Screening and Selection
for Benefits, Vendor and Personal Services Contracts
(1) The Board is charged with the obligation of
obtaining Benefit Plans to provide Benefits to Eligible Employees, Early
Retirees and their Dependents. OARs 111-005-0040 through 111-005-0080 set forth
the screening, selection and renewal process to be used for all such Benefit
Plan contracts. The Board has sole authority for procuring all benefits and
services contemplated by ORS 243.860 through ORS 243.886.
(2) Except as provided in OARs 111-005-0040 through
111-005-0080, the Board adopts the DOJ model public contract rules in OAR 137,
division 46 (General Provisions Related to Public Contracting) and division 47
(Public Procurements for Goods or Services), effective June 15, 2010, as the
contracting rules that shall apply to its procurements for Benefit Plan
contracts.
(3) The Board adopts the DOJ model public contract
rules in OAR 137, division 46 (General Provisions Related to Public
Contracting) and division 47 (Public Procurements for Goods or Services),
effective June 15, 2010, as the contracting rules that shall apply to its
procurements for vendor and personal service contracts within the Board’s
contracting authority.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0020
Definitions
For the purposes of OARs 111-005-0010, 111-005-0015 and
111-005-0040 through 111-005-0080 the following definitions will apply:
(1) “Apparent successful proposer” or “ASP” means the
organization selected as a result of a competitive and completed procurement
process.
(2) “Consultant” means brokers or other advisory
personnel hired by the Board to:
(a) Assist in acquiring adequate benefit plan coverage
for eligible Educational Entity Employees, Early Retirees and their Dependents;
(b) Assist in the study of all matters connected with
the provision of adequate benefit plan coverage for eligible Educational Entity
Employees, Early Retirees and their Dependents;
(c) Assist in the development and implementation of
decision-making processes;
(d) Design and implement additional programs to review,
monitor and assist in the improvement of eligible Educational Entity Employees,
Early Retirees and their Dependents health; and
(e) Provide other services as required by the Board.
(3) “Contractor” means an individual or firm who
provides services to the Board under a public contract.
(4) “Emergency” means circumstances that:
(a) Could not have been reasonably foreseen;
(b) Create a substantial risk of loss, damage or
interruption of Benefits or other services or a substantial threat to property,
public health, welfare or safety; and
(c) Require prompt execution of a contract to remedy
the condition.
(5) “Extensive procurement” means the process of
soliciting proposals and bids and selecting a contractor for services amounting
to $150,000 and over.
(6) “Intermediate procurement” means the process of
soliciting proposals and bids and selecting a contractor for services amounting
to under $150,000 but over $5,000.
(7) “ORPIN” means the Oregon Procurement Information
Network, an online service operated by the Department of Administrative
Services that displays procurements and contracts issued by the state of
Oregon’s agencies.
(8) “Person” means a natural person capable of being
legally bound, a sole proprietorship, a corporation, a partnership, a limited
liability company or partnership, a limited partnership, a for-profit or
nonprofit unincorporated association, a business trust, two or more persons
having a joint or common economic interest, any other person with legal capacity
to contract or a public body.
(9) “Proposal” means a competitive document, binding on
the proposer and submitted in response to a Request for Proposal.
(10) “Proposer” means a Person submitting a proposal in
response to a Request for Proposal.
(11) “Renewal contractor” means a contractor or
consultant who provided the same or similar employee benefit plan or other
services under a contract with the Board in the plan year immediately prior.
(12) “Request for Proposal” or “RFP” means all
documents, whether attached or incorporated by reference, used for soliciting
proposals.
(13) “Responsible proposer” means a person who meets
the standards of responsibility described in OAR 111-005-0055.
(14) “Responsive proposal” means a proposal that
substantially complies with the request for proposals and all prescribed
procurement procedures and requirements.
(15) “Selection committee” means the group of
individuals appointed and approved by the Board to review, evaluate and score
proposals received as part of an intermediate or extensive procurement.
(16) “Small procurement” means the process of securing
contractors or consultants for services amounting to $5,000 or less.
(17) “Sole source” means the only contractor or
consultant of a particular product or service reasonably available.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0040
Extensive Procurement Process
The Board will use the following procedure except as
provided for under OAR 111-005-0046 or 111-005-0048.
(1) Announcement. The Board will post solicitation
notices for benefits via the Oregon Procurement and Information Network
(ORPIN). The Board may also post solicitation notices for benefits in trade
periodicals or newspapers of general or specialized circulation. The
solicitation notice will include a description of the benefits or services
sought, the scope of the services required, evaluation and selection criteria,
and a description of any special requirements. The notice will invite qualified
prospective proposers to submit proposals. The notice will specify when and
where to obtain the RFP, where to return the proposal, the method of
submission, and the closing date.
(2) No remuneration will be offered to prospective
proposers for attendance, travel, document preparation, etc. Unless otherwise
specified in the RFP, the pre-proposal conference will:
(a) Be voluntary; and
(b) Be held in Salem, Oregon.
(3) RFP protest; request for change or request for
clarification.
(a) Protest.
(A) A proposer may deliver a protest to the Board not
less than ten calendar days prior to closing, unless otherwise specified in the
RFP.
(B) Proposer protests must be in writing and must
include:
(i) A detailed statement of the legal and factual
grounds for the protest;
(ii) A description of the resulting prejudice to the
proposer; and
(iii) A statement of the desired changes to the RFP.
(C) The Board will not consider a proposer’s protest
after the submission deadline.
(i) The Board will provide notice to the applicable
entity if it entirely rejects a protest. If the Board agrees with the entity’s
protest, in whole or in part, the Board will issue an addendum reflecting its
determination under OAR 137-030-0055 and 137-047-0430 or cancel the
solicitation under 137-030-0115.
(ii) If the Board receives a written protest from a
proposer according to this rule, the closing may be extended if the Board
determines an extension is necessary to consider the protest and to issue any
addendum to the RFP.
(b) Request for change.
(A) A proposer may request in writing a change to the
RFP specifications, unless otherwise specified in the RFP. If the RFP allows a
proposer to make a request for changes and does not specify otherwise, proposer
must deliver the written request for change to the Board not less than ten
calendar days prior to closing.
(B) A proposer’s written request for change must
include a statement of the requested changes to the RFP specifications,
including the reason for the requested change.
(C) The Board will not consider a proposer’s request
for change after the submission deadline.
(i) The Board will provide notice to the applicable
entity if it entirely rejects a change. If the Board agrees with the entity’s
request for change, in whole or in part, the Board will issue an addendum
reflecting its determination under OAR 137-030-0055 and 137-047-0430 or cancel
the solicitation under OAR 137-030-0115.
(ii) If the Board receives a written request for a
change from a proposer according to this rule, closing may be extended if the
Board determines an extension is necessary to consider the request and to issue
any addendum to the RFP.
(c) Request for clarification.
(A) A proposer may request in writing clarification of
the RFP specifications, unless otherwise specified in the RFP. If the RFP
allows a proposer to make a request for clarification and does not specify
otherwise, a proposer must deliver the written request for clarification to the
Board not less than ten calendar days prior to closing.
(B) A proposer may request that the Board clarify any
provision of the RFP.
(C) The Board will not consider a proposer’s request
for clarification after the submission deadline. The Board’s clarification to a
proposer, whether orally or in writing, does not change the RFP and is not
binding on the Board unless the Board amends the RFP by addendum.
(4) Addenda to an RFP following an appeal or request
for change or clarification.
(a) Issuance; receipt. The Board may change an RFP only
by written addenda. A proposer must provide written acknowledgement of receipt
of all issued addenda with its proposal, unless the Board otherwise specifies
in the addenda.
(b) Notice and distribution. The RFP must specify how
the Board will provide notice of addenda and how the Board will make the
addenda available.
(c) Timelines; extensions. The Board will issue addenda
within a reasonable time to allow prospective proposers to consider the addenda
in preparing their proposals. The Board may extend the closing if the Board
determines prospective proposers need additional time to review and respond to
addenda. The Board will not issue addenda less than 72 hours before the closing
unless an addendum also extends the closing, except to the extent required by
public interest.
(d) Request for change or protest. A proposer may
submit a written request for change or protest to the addendum by the close of
the Board’s next business day after issuance of the addendum, unless a
different deadline is set forth in an addendum.
(5) Submission. All proposals submitted must comply
with the procurement’s specifications.
(a) If portions of the proposal to any solicitation are
deemed unacceptable or non-responsive portions of the proposal to any
solicitation are deemed unacceptable or non-responsive to the specifications of
the solicitation, the proposal will be deemed non-responsive and will not be
given further evaluation or consideration. If a proposal to any solicitation is
delivered late, it will be deemed non-responsive to the specification of the
solicitation and will be returned to the proposer unopened.
(b) Submission of proposals must be in written hard
copy or electronic format and delivered, as required by the specifications of
the solicitation. OEBB is not responsible for unreadable or incomplete
electronic transmissions of proposals or for electronic transmissions that are
not received by the designated OEBB recipient by the closing date and time
stated in the RFP.
(6) Evaluation. The Selection Committee will evaluate
proposals only in accordance with criteria set forth in the RFP and applicable
law. The Board will evaluate proposals to determine the responsible proposer or
proposers submitting the best responsive proposal or proposals.
(7) Rejection of proposal. The Board may reject any
proposal for good cause and deem it as non-responsive upon written finding that
it is in the states’, Educational Entities’, or Employees, Early Retirees and
their Dependents ‘ interest to do so or acceptance of the proposal may impair
the integrity of the procurement process. The Board will notify the proposer of
its rejection of the proposal in writing and provide the good cause
justification and finding. OEBB is not liable to any Proposer for any loss or
expense caused by or resulting from any rejection, cancellation, delay or
suspension. Without limiting the generality of the foregoing, the Board may
reject any Proposal upon OEBB’s finding that the Proposal:
(a) Is contingent upon OEBB’s acceptance of terms and
conditions (including Specifications) that differ from the RFP;
(b) Takes exception to terms and conditions set forth
in the RFP;
(c) Attempts to prevent public disclosure of matters in
contravention of the terms and conditions of the RFP or in contravention of applicable
law;
(d) Offers services that fail to meet the
specifications of the RFP;
(e) Is late;
(f) Is not in substantial compliance with the RFP;
(g) Is not in substantial compliance with all
prescribed procurement procedures;
(h) Is from a Proposer that has been debarred as set
forth in ORS 279B.130;
(i) Has failed to provide the certification of
non-discrimination required under ORS 279A.110(4); or
(j) Is from a Proposer found non-responsible as
described in OAR 111-005-0055.
(8) Intent to award, discuss or negotiate. After the
protest period provided in subsection (3)(a) expires, or after the Board has
provided a final response to any protest, whichever date is later, the Board
may engage in discussions and negotiations with proposers in the competitive
range.
(9) Discussions and negotiations. If the Board chooses
to enter into discussions and negotiations with the Proposers in the
competitive range, the Board will proceed as follows:
(a) Initiating discussions. The Board must initiate
oral or written discussions and negotiations with all of the proposers in the
competitive range regarding their proposals.
(b) Conducting discussions. The Board may conduct
discussions and negotiations with each proposer in the competitive range as
necessary to fulfill the purposes of this section, but need not conduct the
same amount of discussions or negotiations with each proposer. The Board may
terminate discussions and negotiations with any proposer in the competitive
range at any time. All proposers in the competitive range will be offered the
opportunity to discuss their proposals with the Board before the Board notifies
proposers of the award decisions. In conducting discussions, the Board and any
designated representatives:
(A) Will treat all proposers fairly and will not favor
any proposer over another.
(B) Will not discuss proposers’ proposals with any
other proposers and will maintain all proposals as confidential documents to
the extent permitted by the Public Records Law.
(C) Will not divulge the name of the proposers or the
content of the proposals until cost negotiations are complete or an apparent
successful proposer has been announced.
(D) Will determine whether other factors, including but
not limited to, Oregon residency of the primary business office and proposer
demonstration of services and products, will be used to determine the apparent
successful proposer, if a tie between proposers occurs.
(c) At any time during the period allowed for
discussions and negotiations, the Board may:
(A) Continue discussions and negotiations with a
particular proposer or proposers; or
(B) Terminate discussions with a particular proposer
and continue discussions with other proposers in the competitive range.
(d) The Board may continue discussions and negotiations
with proposers until determining who will be awarded contracts.
(10) Notice of intent to award. The Board will provide
written notice to all proposers of intent to award the contract, unless
otherwise provided in the RFP. The Board’s award will not be final until the
later of the following:
(a) Seven calendar days after the date of the notice,
unless the RFP provided a different period for protest; or
(b) The Board’s written response to all timely filed
protests that denies the protests and affirms the award.
(11) Right to protest award. An adversely affected or
aggrieved proposer may submit to the Board a written protest of the Board’s
intent to award. The protest must be made within seven calendar days after
issuance of the notice of intent to award the contract, unless otherwise
specified in the RFP.
(a) The proposer’s protest must be in writing and must
specify the grounds upon which the protest is based.
(b) A proposer is adversely affected or aggrieved only
if the Proposer would be eligible to be awarded the contract in the event that
the protest were successful, and the reason for the protest is that:
(A) All higher ranked Proposals are nonresponsive;
(B) OEBB has failed to conduct the evaluation of
Proposals in accordance with the criteria or processes described in the RFP;
(C) OEBB has abused its discretion in rejecting the
protestor’s Proposal as nonresponsive; or
(D) OEBB’s evaluation of Proposals or OEBB’s subsequent
determination of award is otherwise in violation of OEBB’s rules or ORS 243.860
to 243.886.
(c) The Board will not consider a protest submitted
after the time period specified in this section or a different period if
provided in the RFP.
(d) The Board Chair, or designee, has the authority to
settle or resolve a written protest meeting the submission requirements of this
rule.
(e) If a protest is not settled, the Board Chair, or
designee, will promptly issue a written decision on the protest. Judicial
review of this decision will be available if provided by statute.
(12) Award of contracts. The Board will make final
selections based on the evaluation criteria included in OAR 111-002-0005(3) and
the RFP.
(13) Confidentiality: Until after the notice of intent
to award a contract is issued, Proposals are not required to be open for public
inspection, and OEBB shall in good faith seek to protect Proposals from
disclosure under ORS 192.502(4) as a confidential submission or under other
applicable exemptions from disclosure. After the notice of intent to award a
contract is issued, OEBB may withhold from disclosure to the public materials
included in a Proposal that are exempt or conditionally exempt from disclosure
under ORS 192.501 or 192.502.
(14) Contract. The successful proposer must promptly
execute the contract after the award is final and all contractual terms and
conditions have been negotiated and agreed upon. The Board Chair, or designee,
will execute the contract only after it has obtained all applicable required
documents and contractor signatures.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0042
Intermediate Procurement Process
For an intermediate procurement, the Board will use the
following procedure except as provided for under OAR 111-005-0046 or
111-005-0048.
(1) Announcement. The Board will post solicitation
notices for benefits via the Oregon Procurement and Information Network
(ORPIN). The Board may also post solicitation notices for benefits in trade
periodicals or newspapers of general or specialized circulation. The notice
will include a description of the benefits or services sought, the scope of the
services required, and a description of any special requirements. The notice
will invite qualified prospective proposers to submit proposals. The notice
will specify when and where to obtain the RFP and return the proposal and the closing
date.
(2) Submission. All submitted proposals must comply
with the RFP’s specifications. If portions of the proposal to any solicitation
are deemed unacceptable or non-responsive to the specifications of the
solicitation, the proposal will be deemed non-responsive and will not be given
further evaluation or consideration. If a proposal to any solicitation is
delivered late, it will be deemed non-responsive to the specification of the
solicitation and will be returned to the proposer unopened.
(a) Submission of proposals must be in written hard
copy or electronic format and delivered as required by the specifications of
the solicitation. OEBB is not responsible for unreadable or incomplete
electronic transmissions of proposals or for electronic transmissions that are
not received by the designated OEBB recipient by the closing date and time
stated in the RFP.
(b) The proposal from the prospective proposer will
describe the proposer’s credentials, performance data and other information
sufficient to establish proposer’s qualifications for providing the benefits
sought and all other information requested in the RFP.
(3) Evaluation. The Board may appoint a Selection
Committee to evaluate proposals in accordance with criteria set forth in the
RFP and applicable law. The Board will not divulge the names of the selection
committee until completion of the cost negotiations or the apparent successful
proposer has been announced. The Board will evaluate proposals to determine the
responsible proposer or proposers submitting the best responsive proposal or
proposals.
(4) Discussions and negotiations. If the Board chooses
to enter into discussions and negotiations with the proposers, the Board:
(a) Will treat all proposers fairly and will not favor
any proposer over another.
(b) Will not discuss proposers’ proposals with any
other proposers and will maintain all proposals as confidential documents.
(c) Will not divulge the name of the proposers or the
content of the proposals until cost negotiations are complete.
(d) Will determine whether other factors, including but
not limited to, Oregon residency of the primary business office and proposer
demonstration of services and products, will be used to award the contract.
(5) Notice of intent to award. The Board will provide
written notice to all proposers of intent to award the contract, unless
otherwise provided in the RFP. The Board’s award will not be final until the
later of the following:
(a) Seven calendar days after the date of the notice,
unless the RFP provided a different period for protest; or
(b) The Board’s written response to all timely filed
protests that denies the protests and affirms the award.
(6) Right to protest award. An adversely affected or
aggrieved proposer may submit to the Board a written protest of the Board’s
intent to award. The protest must be made within seven calendar days after
issuance of the notice of intent to award the contract, unless otherwise
specified in the RFP.
(a) The proposer’s protest must be in writing and must
specify the grounds upon which the protest is based.
(b) A proposer is adversely affected or aggrieved only
if:
(A) the proposer is eligible for award of the contract
as a responsible proposer; and
(B) the Board committed a substantial violation of a
provision in the RFP or of an applicable procurement statute or administrative
rule.
(c) The Board will not consider a protest submitted
after the time period specified in this section or a different period if
provided in the RFP.
(d) The Board Chair, or designee, has the authority to
settle or resolve a written protest meeting the submission requirements of this
rule.
(e) If a protest is not settled, the Board Chair, or
designee, will promptly issue a written decision on the protest. Judicial
review of this decision will be available if provided by statute.
(7) Award of contracts. The Board will make final
selections based on the evaluation criteria included in OAR 111-002-0005(3) and
the RFP.
(8) Confidentiality: Until after the notice of intent
to award a contract is issued, Proposals are not required to be open for public
inspection, and OEBB shall in good faith seek to protect Proposals from
disclosure under ORS 192.502(4) as a confidential submission or under other
applicable exemptions from disclosure. After the notice of intent to award a
contract is issued, OEBB may withhold from disclosure to the public materials
included in a Proposal that are exempt or conditionally exempt from disclosure
under ORS 192.501 or 192.502.
(9) Contract. The successful proposer must promptly
execute the contract after the award is final. The Board Chair, or designee,
will execute the contract only after it has obtained all applicable required
documents and contractor signatures.
(10) An amendment for additional services shall not
increase the total contract cost to a sum that is greater than twenty-five
percent of the original contract cost.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0044
Small Procurement Process
For a small procurement, OEBB may procure contractor
services in any manner it deems practical, including by direct selection,
negotiation and award.
(1) The Board Chair delegates authority to the Public
Employees’ Benefit Board Administrator and the OEBB Deputy Administrator to
enter into contracts on behalf of the Board.
(2) Award of contracts. The PEBB Administrator or OEBB
Deputy Administrator will base selections on evaluation criteria which may
include, but is not limited to, contractor availability; capability;
experience; approach; compensation requirements; previous litigation and remedy
applied; customer service history with the OEBB, members and clients; debarment
status; and references. Emphasis will be placed on quality customer service,
creativity and innovation and the improvement of employee health.
(3) Contract. The selected contractor must promptly
execute the contract. The PEBB Administrator or OEBB Deputy Administrator will execute
the contract only after obtaining all applicable required documents and
contractor signatures.
(4) An amendment for additional services shall not
increase the total contract cost to a sum that is greater than twenty-five
percent of the original contract cost.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0046
Sole Source Procurement Process
The Board may award a contract for Benefits without
competition when the Administrator of OEBB determines in writing that the
services are available from only one source, or the contractor is defined as a
Qualified Rehabilitation Facility as defined in Oregon’s public contracting
code.
(1) The determination of a sole source must be based on
written findings that may include:
(a) That the efficient utilization of existing services
requires the acquisition of compatible services;
(b) That the services required for the exchange of
software or data with other public or private agencies are available from only
one source;
(c) That the services are for use in a pilot or an
experimental project; or
(d) Other findings that support the conclusion that the
goods or services are available from only one source.
(2) To the extent reasonably practical, OEBB shall
negotiate with the sole source to obtain contract terms advantageous to OEBB.
(3) Contract. The single source provider must promptly execute
the contract after the award is final. The Board Chair, or designee, will
execute the contract only after it has obtained all applicable required
documents and contractor signatures.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0047
Renewal Procedure
(1) If the Board does not issue an RFP or Single Source
procurements to solicit formal proposals from qualified potential Contractors
or Vendors, the Board may directly negotiate and enter into renewal contracts
each plan year with renewal contractors to provide Benefits and other services
without following the procedures set forth in sections 111-005-0040.
(2) The Board may renew contracts with renewal
contractors for as many years as the Board determines is in the best interest
of the state, Educational Entities and Employees, Early Retirees and their
Dependents.
(3) The Board may invite renewal Proposals from those
Contractors or Vendors who provided the same or similar employee Benefit Plan
or other services in the year immediately prior. An employee Benefit Plan or
other services contract is similar if it is reasonable related to the scope of
work described in the procurement under which such a contract was awarded.
Stat. Auth.: ORS 243.860 - 243.886
Stats. Implemented: ORS 243.864
Hist.: OEBB 18-2010(Temp), f.
& cert. ef. 12-13-10 thru 6-10-11
111-005-0050
Mistakes
(1) Treatment of mistakes. If the OEBB discovers
certain mistakes in a proposal before award of the contract, and the mistakes
are not identified as those qualifying as non-responsive to the specifications
of the procurement, the OEBB may take the following action:
(a) Waive or permit a proposer to correct a minor
informality. A minor informality is a matter of form rather than substance that
is evident on the face of the proposal, or an insignificant mistake that can be
waived or corrected without prejudice to other proposers. Mistakes including,
but not limited to, signatures not affixed to the proposal document, proposals
sent to the incorrect address, insufficient number of proposals submitted, or
incorrect format will not be considered minor.
(b) Correct a clerical error if the intended proposal
and the error are evident on the face of the proposal, or other documents
submitted with the proposal, and the proposer confirms the correction in
writing. A clerical error includes, but is not limited to, a proposer’s error
in transcribing its proposal.
(2) Rejection for mistakes. OEBB may reject any
proposal in which a mistake is evident on the face of the proposal and the
intended correct proposal is not evident or cannot be substantiated from
documents accompanying the proposal. In order to ensure integrity of the
competitive procurement process and to assure fair treatment of proposers,
mistakes discovered that are contrary to the specifications of the procurement
will be carefully reviewed and will be determined, under sole authority of the
OEBB, to be waived or not be waived.
(3) If the OEBB discovers mistakes in the proposal
after award, and the mistakes are not considered minor, the Board reserves the
right to determine if the award will be revoked. The Board will then
re-evaluate proposals deemed to be in second, third, fourth, etc., in the
standings.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0055
Responsible Proposer
(1) Before awarding a Contract, the Board must have
information that indicates the Proposer meets the applicable standards of
responsibility. OEBB shall prepare a written determination of
non-responsibility for a Proposer if OEBB determines that the Proposer does not
meet the standards of responsibility.
(2) In determining whether a Proposer has met the
standards of responsibility, OEBB shall consider whether a Proposer:
(a) Has available the appropriate financial, material,
equipment, facility and personnel resources and expertise, or has the ability
to obtain the resources and expertise, necessary to meet all contractual
responsibilities.
(b) Completed previous contracts of a similar nature
with a satisfactory record of performance. For purposes of this paragraph, a
satisfactory record of performance means that to the extent that the costs
associated with and time available to perform a previous contract remained
within the Proposer’s control, the Proposer stayed within the time and budget
allotted for the procurement and otherwise performed the contract in a
satisfactory manner. OEBB shall document the Proposer’s record of performance
if OEBB finds under this paragraph that the Proposer is not responsible.
(c) Has a satisfactory record of integrity. OEBB in
evaluating the Proposer’s record of integrity may consider, among other things,
whether the Proposer has previous criminal convictions for offenses related to
obtaining or attempting to obtain a contract or subcontract or in connection
with the Proposer’s performance of a contract or subcontract. OEBB shall
document the Proposer’s record of integrity if OEBB finds under this paragraph
that the Proposer is not responsible.
(d) Is legally qualified to contract with OEBB.
(e) Supplied all necessary information in connection
with the inquiry concerning responsibility. If a Proposer fails to promptly
supply information concerning responsibility that OEBB requests, OEBB shall
determine the Proposer’s responsibility based on available information or may
find that the Proposer is not responsible.
(f) Was not debarred by OEBB in accordance with ORS
279B.130.
(3) OEBB may refuse to disclose outside of OEBB
confidential information furnished by a Proposer under this section when the
Proposer has clearly identified in writing the information the Proposer seeks
to have treated as confidential and OEBB has authority under ORS 192.410 to
192.505 to withhold the identified information from disclosure.
Stat. Auth.: ORS 243.860 - 243.886
Stats. Implemented: ORS 243.864
Hist.: OEBB 18-2010(Temp), f.
& cert. ef. 12-13-10 thru 6-10-11
111-005-0060
Records Maintenance
OEBB will maintain all files pertaining to the
selection process for all benefits and other service contracts entered on
behalf of the state for six years. Files include, but are not limited to:
(1) The method and copy of announcement.
(2) The names of firms or individuals and cost
estimates considered.
(3) The basis for selection.
(4) A copy of the resulting contract and any subsequent
amendments.
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7
OL 2007
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08;
Suspended by OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0070
Renewal Process for Contractor
Contracts
(1) Renewal procedure. If the Board does not issue a
procurement to solicit formal proposals for benefit plans and other services,
the Board may invite renewal proposals, directly negotiate and enter into
renewal contracts with renewal contractors to provide benefit plans without
following the procedures set forth in OAR 111-005-0040.
(2) The Board may renew contracts with renewal
contractors for as many years as the Board determines is in the best interest
of the state, Educational Entities, and Employees, Early Retirees and their
Dependents.
(3) The Board will negotiate with renewal contractors
and enter into contracts with them after giving full consideration to factors
which include, but are not limited to, contractor capability, experience,
approach, compensation requirements and references.
Stat. Auth.: ORS 243.860 - 243.886
Stats. Implemented: ORS 243.864
Hist.: OEBB 1-2007(Temp), f. &
cert. ef. 7-23-07 thru 1-4-08; OEBB 1-2008, f. & cert. ef. 1-4-08; OEBB
18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0080
Contract Amendments
OEBB may amend a contract without additional
competition in any of the following circumstances:
(1) The amendment is within the scope of the
procurement as described in RFP, the sole source determination, or special
procurement (the “Procurement Document”). An amendment is not within the scope
of the procurement if the Agency determines that if it had described the
changes to be made by the amendment in the Procurement Document, it would
likely have increased competition or affected award of the contract.
(2) These rules otherwise permit OEBB to award a
contract without competition for the goods or services to be procured under the
amendment.
(3) The amendment is necessary to comply with a change
in law that affects performance of the contract.
(4) The amendment results from renegotiation of the
terms and conditions, including the contract price, of a contract and the
amendment is advantageous to OEBB, subject to all of the following conditions:
(a) The Services to be provided under the amended
contract are the same as the Services to be provided under the unamended
contract.
(b) OEBB determines that, with all things considered,
the amended contract is at least as favorable to OEBB as the unamended
contract.
(c) The amended contract does not have a total term
greater than allowed in the Procurement Document after combining the initial
and extended terms.
Stat. Auth.: ORS 243.860 - 243.886
Stats. Implemented: ORS 243.864
Hist.: OEBB 18-2010(Temp), f.
& cert. ef. 12-13-10 thru 6-10-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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