Or. Admin. Code § 137-046-0252 - Personnel Employment Disclosure and Preference - State Agency Contracts for Goods or Services
(1) As
authorized by ORS 279B.112, a state contracting agency may state, in its
Solicitation Documents for a procurement of goods or services, that the state
contracting agency will consider, and award a preference based on, personnel
deployment disclosures submitted by bidders or proposers in response to the
solicitation.
(2) A state
contracting agency may not reject a bidder or proposer on the ground that it
submitted a non-responsive bid or proposal solely due to the bidder's or
proposer's failure to submit a personnel employment disclosure. However, the
state contracting agency may not apply the preference authorized by ORS
279B.112 in favor of a bidder or proposer that fails to submit a complete and
accurate personnel disclosure form with its bid or proposal on or before the
date and time bids or proposals are due.
(3) To qualify for the application of the
preference under ORS 279B.112, a bidder's or proposer's personnel deployment
disclosure form must state:
(a) The number of
workers the bidder or proposer and the bidder's or proposer's subcontractors
will, if awarded a contract, deploy to perform the overall contract work
described in the Solicitation Documents.
(b) The number of workers the bidder or
proposer and the bidder's or proposer's first-tier subcontractors will, if
awarded a contract, employ in this state to perform contract work described in
the Solicitation Documents.
(c) The
number of jobs to be held by workers employed by the bidder or proposer and by
the bidder's or proposer's subcontractors to perform the contract work
described in the Solicitation Documents that will be newly created jobs that
result from the award of the contract.
(d) The duration of the work of any workers
(stated in number of work days) who will be employed in this state to perform
contract work described in the Solicitation Documents for all workers
(including workers of first-tier subcontractors) for whom the work duration
will not be as long as the initial term of the contract.
(e) The rates of pay of all reported workers
(including workers of first-tier subcontractors), described either
individually, by position, or by job classification, who will be employed in
this state to perform contract work described in the Solicitation
Documents.
(4) To
qualify for the application of the preference under ORS 279B.112, a bidder or
proposer must make a promise in its bid or proposal to ensure that the
deployment of workers will comply, in terms of worker positions, duration of
the work, and the location of the employment of workers, with the personnel
deployment disclosure submitted with its bid or proposal. If awarded a
contract, a bidder or proposer must commit, in the contract, to ensure that the
deployment of workers will comply, in terms of worker positions, duration of
the work, and the location of the employment of workers, with the personnel
deployment disclosure submitted with its bid or proposal. In the contract, the
contractor must agree to pass this obligation to all first-tier
subcontractors.
(5) A state
contracting agency may require a contractor under a contract awarded with the
application of the preference under ORS 279B.112 to submit, on a monthly or
other periodic basis, the contractor's certification of its employment of
workers and its first-tier subcontractors' workers) within this state in
accordance with the contractor's personnel deployment disclosure.
(6) A state contracting agency may give a
preference of not more than ten percent to a bid or proposal that states that
the bidder or proposer (and its first-tier subcontractors) will employ more
workers within this state than competing bidders or proposers. In determining
the bidder or proposer who will employ more workers within this state, the
state contracting agency may take the rates of pay and the duration of the work
into account by averaging the rates of pay for all disclosed in-state work
positions and averaging the duration of the in-state work positions among all
disclosed in-state work positions. Before granting the preference to a bid or
proposal, the agency must determine that the competing proposals otherwise suit
the state agency's specifications for the procurement equally well.
(7) In applying the preference, a state
contracting agency must achieve fairness by assigning a standard
work-deployment period for each solicitation that does not exceed the duration
of the initial term of any contract awarded with the application of the
preference, or in project completion-based contracts, does not exceed the
probable duration of the project work exclusive of a contractor's performance
of warranty work and maintenance.
(8) Where a state contracting agency
determines that a personnel deployment disclosure unreasonably or
unrealistically overstates the number of workers a bidder or proposer (and
first-tier subcontractors) will employ within this state, the state contracting
agency may reject the bid or proposal on grounds of bidder or proposer
non-responsibility, or in a proposal situation, may deduct proposal evaluation
points.
Notes
Statutory/Other Authority: ORS 279A.065
Statutes/Other Implemented: 2012 OL & ch 53
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