Or. Admin. Code § 943-060-0010 - Definitions

Unless the context requires otherwise, the following definitions apply:

(1) "Authority" means the Oregon Health Authority.

(2) "Client" means any individual, family, or provider:

(a) For whom the Authority provides services and incidental or specialized goods, in any combination thereof, according to state, federal law, rule, and policy. Services and incidental goods include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided;

(b) Who receives and utilizes services provided by the Authority primarily for that individual's or family's benefit;

(c) Who is under the custody, care, or both of the Authority; or

(d) Who provides direct care or services and is a proxy or representative of a non-provider client.

(3) "Client services" means any service that primarily supports a client, whether the client is the recipient of voluntary or mandatory services. Client services also means any goods that are incidental or specialized in relation to any service defined in this section. Client services does not include benefits or services provided as a condition of employment with the Authority. Client services may include but are not limited to:

(a) Housing, including assistance to pay rent, mortgage, or utilities;

(b) Nutrition;

(c) Clothing;

(d) Employment training or skills training to improve employability;

(e) Services for individuals with disabilities;

(f) Foster care or foster care facilities;

(g) Residential care or residential care facilities;

(h) Community housing;

(i) In-home care, including home delivered meals;

(j) Medical care, services and treatment, including but not limited to:

(A) Medical, dental, hospital, psychological, psychiatric, therapy, and vision;

(B) Alcohol and drug treatment;

(C) Smoking cessation;

(D) Drugs, prescriptions and non-prescription; or

(E) Nursing services and facilities.

(k) Transportation or relocation;

(L) Quality of life, living skills training;

(m) Personal care;

(n) Legal services and expert witness services;

(o) Religious practices, traditions and services, separately or in any combination thereof; and

(p) Educational services.

(4) "Designated Procurement Officer (DPO)" means the individual designated and authorized by the Authority's Director to perform certain procurement functions described in these rules. If the Director does not authorize an individual as a DPO, then the Director acts in place of the DPO.

(5) "Director" means the Director of the Oregon Health Authority.

(6) "Electronic procurement system" means the Oregon Procurement Information Network (ORPIN) or other system approved by the Authority that individuals may access through the Internet that enables individuals to send electronic offers and enables the Authority to post electronic advertisements, receive electronic offers, and conduct other activities related to a procurement.

(7) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Create a substantial risk of loss, damage, or interruption of services or a substantial threat to property, public health, welfare, or safety; and

(c) Require prompt execution of a contract to remedy the condition.

(8) "Goods" means supplies, equipment, or materials, and any personal property, including any tangible, intangible, and intellectual property and rights and licenses in relation thereto, that the Authority is authorized by law to procure.

(9) "Oregon Procurement Information Network (ORPIN)" means the official publication forum for procurement notices and advertisements.

(10) "Personal services" means specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment, including without limitation a contract for the services of an accountant, physician or dentist, educator, information technology professional, consultant, broadcaster, or artist (including a photographer, filmmaker, painter, weaver, or sculptor). Personal services also includes client services and services of an architect, engineer, land surveyor, or provider of related services as defined in ORS 279C.100.

(11) "Procurement" means the act of purchasing, leasing, renting, or otherwise acquiring or selling goods and services; architectural, engineering and land surveying services, and related services; and public improvements. Procurement includes each function and procedure undertaken or required to be undertaken by the Authority to enter into a public contract, administer a public contract and obtain the performance of a public contract under the public contracting code and these rules. Procurement includes contract administration.

(12) "Procurement file" means any solicitation, contract, amendment, work order, or contract administration files, separately or collectively.

(13) "Public contract" is defined in ORS 279A.010 and means a sale or other disposal, or a purchase, lease, rental, or other acquisition of goods and services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. Public contract does not include grants. For the purposes of these rules, public contract means a contract.

(14) "Services" mean services other than personal services designated under ORS 279A.055, except for state contracting agencies with procurement authority under ORS 279A.050 or 279A.140, services includes personal services as designated by the state contracting agencies.

(15) "Solicitation document" means the solicitation document and all documents either attached or incorporated by reference and any changes thereto, used for any of the methods according to ORS 279A.200 through 279A.220, 279B.055 through 279B.085, 279C.100 through 279C.125, or 279C.300 through 279C.450.

(16) "Special procurement" means a sourcing method and may be a class special procurement, a contract-specific special procurement, or both.

(a) "Class special procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065, and 279B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified class of goods and services.

(b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065, and 279B.070 and is for the purpose of entering into a single contract or a number of related contracts for the acquisition of specified goods and services on a one-time basis or for a single project.

(17) "Statewide price agreement" means a price agreement issued by the Department of Administrative Services on behalf of all state agencies. Such agreements may be mandatory or voluntary for use. Such agreements may result from a cooperative procurement. The Authority may not purchase goods and services through federal programs if a statewide price agreement exists for the goods and services.

Notes

Or. Admin. Code § 943-060-0010

OHA 5-2012, f. & cert. ef. 8-1-12

Stat. Auth.: ORS 179.040, 279A.065, 279A.070, 413.014, 413.033 & 413.042

Stats. Implemented: ORS 413.033