Or. Admin. R. 274-005-0040 - Formal Process (Over $75,000)
(1) Except as provided under subsection
(3)(b) and section (4) of this rule or OAR 274-005-0045, 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;
(B) Capability;
(C) Credentials;
(D) Experience;
(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
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.
Notes
Stat. Auth.: ORS 406.050 & 406.115
Stats. Implemented: ORS 279A.065 & 286A.130
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