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HOUSING AND COMMUNITY SERVICES DEPARTMENT
HOUSING AND COMMUNITY SERVICES DEPARTMENT
DIVISION 6
SCREENING AND SELECTION PROCEDURES
FOR PERSONAL SERVICE CONTRACTS
813-006-0005
Purpose
The agency occasionally requires the services of a consulting individual or firm to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
813-006-0010
Basic Policy
(1) This procedure will be used in all cases except when the Director determines that an emergency exists which requires immediate action or when the personal service contract involves data processing services. Action taken as a result of an emergency will be subject to later confirmation. The Department will comply with Executive Department OAR 122-031-0005 or 122-036-0005 for data processing personal service contracts.
(2) The agency will contract for consultant services when the specialized skills, knowledge, and resources are not available within the Department; when the work cannot be done in a reasonable time within the Department'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; when it will be less expensive to contract for the work; or when the Department is directed by statute to contract for services. Contracts will be awarded only after the approval of the Director or his/her designee.
(3) Agreements for the services of a contractor who is a member of the Public Employees' Retirement System and who is employed in another public department usually will be by interagency agreement. Exceptions may be granted by the Director or his/her designee when such an agreement is impractical and when the work will be done on the contractor's own time. Such exceptions will be processed as a personal service contract.
(4) The Department shall seek to ensure competition to the maximum extent practicable when awarding personal service contracts.
(5) In selecting between two or more equally qualified bidders when awarding contracts, preference shall be given to individuals residing in Oregon and businesses which have their home office or headquarters in Oregon.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 6-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
813-006-0015
Definitions
(1) All word and terms are used in OAR chapter 813, division 6 as defined in the Act, and as provided in 813-005-0005 and herein.
(2) As used in these rules, unless otherwise indicated by the context:
(a) "Consultant" means an individual or firm that has been found qualified to do specified types of work for the agency and with whom the Department may contract;
(b) "Competitive Procurement" is a formal procurement method whereby proposals are requested from a number of sources and the Request for Proposals is widely distributed;
(c) "Noncompetitive Procurement" is procurement through solicitation of a proposal from only one source;
(d) "Small Purchase Procurement Procedures" are those relatively simple and informal procurement methods whereby price or rate quotations are obtained from a number of sources and selection made on the basis of costs and other applicable criteria.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 6-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
813-006-0020
Procurement Method
(1) Small Purchase Procurement Procedures as outlined in OAR 813-006-0030 may be used for the procurement of services estimated to cost not more than $5,000 per agreement per fiscal year. Price or rate quotations shall be sought from at least three qualified sources.
(2) Competitive Procurement procedures as outlined in OAR 813-006-0025 shall be used for personal service contracts estimated to cost in excess of $5,000 per agreement per fiscal year. Competitive Procurement may be used for contracts of less than $5,000 whenever the Department determines that it would be prudent and advantageous to do so. Exceptions may be granted to accommodate one or more of the conditions described in section (3) of this rule with the approval of the Director.
(3) Noncompetitive Procurement procedures may be used for contracts if:
(a) The item or service is available only from a single source, or the sole source has special skills that are only available based upon his/her expertise or situation;
(b) Public need or emergency advises against the delay incurred by competitive solicitation;
(c) After solicitation of a number of sources, competition is determined inadequate; or
(d) The contract is a renewal of an existing contract, subject to approval by all required parties.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 6-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
813-006-0025
Competitive Procurement Procedures
(1) A Request for Proposals (RFP) shall be prepared for the contracts for which Competitive Procurement procedures will be used. The RFP shall include, at a minimum, the following infor?mation:
(a) Date and hour by which proposals must be received;
(b) Return address where proposals must be received;
(c) Description of work;
(d) Evaluation criteria; and
(e) agency project manager’s name, address and phone number.
(2) The agency shall, by mail, notify persons who have indicated a desire to be notified of contracting opportunities or that have indicated expertise in the subject area, and any other persons deemed necessary, of projects for which an RFP may be issued. Notification of the project for which an RFP may be issued may be announced to the public and may be advertised in appropriate periodicals. The RFP shall be sent to all persons responding to the notification in the required manner.
(3) Exceptions to section (2) of this rule may be granted by the Director or his/her designee when the RFP is preceded by a Request for Information (RFI). When an RFI is widely distributed to solicit information and interest in a proposed contract, eligi?bility for the subsequent RFP may be limited to parties re?sponding to the RFI.
(4) Proposals shall be evaluated in accordance with the evaluation criteria included in the RFP. An objective rating system shall be used in the evaluation process. Records pertaining to the procurement process and selection of the consultant shall be main?tained in the Department’s files.
(5) Exceptions to the notification procedures in sections (2) and (3) of this rule may be granted by the Director or his/her designee if warranted by time or cost considerations.
Stat. Auth.: ORS
90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Stats. Implemented:
ORS 456.515 - 456.720
Hist.: HSG
14-1987, f. & ef. 12-21-87; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG
6-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91;
HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 3-2012(Temp), f. & cert. ef. 4-2-12
thru 9-28-12; Administrative correction 10-29-12
813-006-0030
Small Purchase Procurement Procedures
(1) A Statement of Work and request for price or rate quotation shall be developed and submitted to prospective contractors with which the Department has had previous successful experience or which are believed by the Department to be qualified to offer the needed services. The Statement of Work and request for quotation may be communicated orally or in writing.
(2) At least three price quotations shall be obtained from qualified sources unless there are fewer than three qualified sources interested in the contract.
(3) Contractor selection shall be made on the basis of the cost estimate and other pertinent information such as qualifications, experience, reference check and project approach.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
813-006-0035
Contracting Procedure and Responsibility
The procedures for screening and selection of personal service contractors, relating the responsible parties to their actions, are as follows:
(1) Consultants -- Action: Submit qualifications, credentials, costs estimates, project approach and other pertinent information relating to the project announcement.
(2) agency project manager -- Action:
(a) Determines that work on a project requires the services of a consultant;
(b) Prepares cost estimate for contract;
(c) Determines type of selection and screening process to be used to select a contractor and obtains approval of Director or his/her designee to begin contracting process for consultant services;
(d) Maintains a file on the selection and screening of applicants for consultant services;
(e) Notifies prospective contractors of projects for which Competitive Procurement or Small Purchase Procurement Procedures will be used as required by OAR 813-006-0025 or 813-006-0030;
(f) Completes screening and selection procedure and selects a contractor according to Department rules;
(g) Forwards draft of contract, Personal Service Contract Input Form, and Contractor Selection and Justification Statement for contracts over $2,500 to the Department's contract officer and to Director or his/her designee for approval;
(h) Forwards draft of contract that totals $25,000 or more to Attorney General for review and approval of legal sufficiency, unless contract form has previously been approved by Attorney General;
(i) Obtains contractor's signature on approved contract; and
(j) When notified by the contract officer, authorized contractor to begin work.
(3) agency Director or his/her designee -- Action:
(a) Approves each project's scope and budget and use of the contracting process;
(b) Makes direct and emergency appointments and grants exceptions as necessary and in accordance with Department rules;
(c) Approves/disapproves Personal Services Contracts and all subsequent amendments; and
(d) Signs approved contracts.
(4) agency contract officer -- Action:
(a) Reviews contract and selection process for compliance with Department rules and other applicable state and federal rules and regulations;
(b) Submits recommended contracts over $1,000 and required forms to Budget and Management Division, Executive Department for review and approval;
(c) Forwards one copy of final approved contract to contractor and retains a copy of the contract with original signatures for the Department's contract file;
(d) Notifies project manager when contractor may begin work.
Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 14-1987, f. & ef. 12-21-87; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 6-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91
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