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 under subsection (3)(b) and section (4) of this rule, 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 Bond Counsel, Financial Advisors, 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
(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