The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF CORRECTIONS
DIVISION 26
CONTRACTS AND GOVERNMENTAL AGREEMENTS
291-026-0005
Authority, Purpose and Policy
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 279A.050, 421.438, 423.020, 423.030, and 423.075.
(2) Purpose: To ensure that personal and professional service contracting is carried out in an efficient manner within requirements set by statutes, regulations, policies and standards.
(3) Policy:
(a) It is the policy of the Department of Corrections that legislatively funded Department of Corrections programs may enter into personal or professional contracts for services so long as the required services could not have been performed cost effectively using qualified public resources.
(b) One or more of the following circumstances shall be present to justify entering into a personal or professional service contract:
(A) The specialized skills, knowledge, and resources are not available within the Department;
(B) The work cannot be done in a reasonable time with the Department's own work force;
(C) An independent and impartial evaluation of a situation is required;
(D) There is a grant which requires contracting; or
(E) It is less expensive to contract for the work.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 9-1987(Temp), f. & ef. 1-22-87; CD 27-1987, f. & ef. 6-5-87; CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0010
Definitions
(1) Architectural, Engineering and Land Surveying Services, and Related Services: As defined in ORS 279C.100 and 279C.100(6) and collectively means a special class of personal services that are required to be performed by an architect, engineer or land surveyor and related services.
(2) Competitive Solicitation: A documented process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the contractor's fees or costs, availability, capacity, experience, references, responsiveness to time limitations, responsiveness to solicitation requirements, and quality of previous performance.
(3) Contract Administration: All functions related to a given contract between the Department and a contractor or consultant from the time the contract is executed until the work is completed and accepted or the contract is terminated, payment has been made, and disputes have been resolved. Contract administration includes amendments.
(4) Contracts Unit: The unit within the Department responsible for conducting the procurement process resulting in an executed contract or agreement.
(5) Contractor or Consultant: The person or entity with whom the Department enters into a contract.
(6) Emergency: 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. An emergency procurement means a sourcing method pursuant to ORS 279B.080, 279C.335(5) statutes.
(7) Interagency Agreement: An agreement between two or more state agencies.
(8) Intergovernmental Agreement: An agreement between the Department and a unit of local government, the federal government, or agencies of the federal government.
(9) Interstate Agreement: An agreement between a state agency and other public agencies outside the boundaries of the State of Oregon.
(10) International Agreement: An agreement between a state agency and any country outside the boundaries of the United States.
(11) Memorandum of Understanding: A non-binding agreement or documentation of gifts.
(12) Notice to Proceed: A document issued solely by the Contracts Unit directing the commencement of service. Services will not begin prior to issuance of the notice.
(13) Originating Program: The program or functional unit within the Department of Corrections which is seeking or soliciting the services of a contractor or other governmental entity.
(14) Personal Services: The services performed under a personal services contract in accordance with OAR 125-247 and related rules in 125-246. “Personal services” includes architectural, engineering and land surveying services procured under ORS 279C.105 or 279C.110 and related services procured under 279C.120.
(15) Sole-Source Procurement: A sourcing method by which the Department awards a contract without competition to a single source for supplies and services, when written justification demonstrates no other source is available, in accordance with ORS 279B.075 and OAR 125-247-0275.
(16) Solicitation Document: An invitation to bid; a request for proposals; a special procurement solicitation; or other document issued to invite offers from prospective contractors in accordance with ORS 279B or 279C. Solicitation document includes related documents, either attached or incorporated by reference, and any changes thereto, issued by the Department.
(17) Statement of Work: All provisions of a public contract that specifically describe the services or work to be performed or goods to be delivered by either the contractor, its subcontractor(s), or the Department, as applicable, including any related technical specifications, deadlines, or deliverables. Detailed description of the specific services or tasks a contractor or consultant is required to perform under a contract.
(18) Tribal Agreements: An agreement between the Department and any American Indian Tribe.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 9-1987(Temp), f. & ef. 1-22-87; CD 27-1987, f. & ef. 6-5-87; CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
Procedures
291-026-0015
Contract Classification
This rule sets forth procedures for programs within the Department of Corrections to follow when entering into the following classification of contract or agreements:
(1) Personal service contracts;
(2) Professional service contracts for architectural, engineering, land surveying services, and related services;
(3) Interagency agreements;
(4) Intergovernmental agreements;
(5) International agreements;
(6) Interstate agreements;
(7) Tribal agreements; or
(8) Memorandum of Understanding.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 9-1987(Temp), f. & ef. 1-22-87; CD 27-1987, f. & ef. 6-5-87; CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0025
Department of Corrections and Other Required Approvals
(1) The Director may delegate signature authority on behalf of the Department of Corrections for contracts and agreements identified in OAR 291-0026-0015.
(2) Pursuant to OAR 137-045-0030, the Department of Justice must review and approve for legal sufficiency certain contracts and agreements and associated solicitation documents based upon the dollar threshold and other considerations. The Contracts Unit will serve as liaison between the Department of Corrections and the Department of Justice for the legal review and approval of documents requiring such review.
(3) Unless exempted or delegated authority has been granted to the Department of Corrections, all contracts shall be approved by the Department of Administrative Services before any service may be performed under the contract.
(4) Approval to commence work:
(a) Work shall not commence until the issuance of a “Notice to Proceed” by the Contracts Unit.
(b) Payments shall not be made to contractors for work performed prior to the date of the “Notice to Proceed” or after the termination date of the contract.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 9-1987(Temp), f. & ef. 1-22-87; CD 27-1987, f. & ef. 6-5-87; CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0050
Contract Administration -- General Provisions
(1) Contract Administrator: The originating program will appoint, in writing, a contract administrator to represent the Department for each contract and agreement. The contract administrator may delegate in writing a portion of the contract administrator's responsibilities to a technical representative for specific day-to-day administrative activities for each contract.
(2) Contract Administration Duties:
(a) Contract Budget Management: The contract administrator will work with Department’s Budget Office to ensure adequate and appropriate encumbrances are made to the in-house accounting system to manage the budget in relation to contracted expenditures. Although contracts may cross biennia, proper budget management is the responsibility of the contract administrator.
(b) The contract administrator will monitor progress of work and ensure contract deliverables are met in accordance with the schedule.
(c) The contract administrator will take steps to correct and remedy any problems which may interfere with completion of the work. This may include, but is not limited to, initiating amendments, exercising termination provisions, or any other provisions or actions required. The contract administrator will document in writing all such steps taken.
(d) Ramifications of failure to appropriately administer a contract could result in over expenditure of Department funds. Negligent or fraudulent expenditures can result in personal financial responsibility or disciplinary action, up to and including dismissal pursuant to the Department’s policy on Delegation of Expenditure Authority (30.1.4).
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist,: DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
Development of Contract and Agreement Documents
291-026-0105
Request Forms
(1) The originating program will use the Department's approved request forms to initiate the applicable process.
(2) The Statement of Work will be written to clearly and concisely specify the contract outcome expectations, deliverables, schedule, and responsibilities of the Department and contractor.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0115
Amendments
Amendments will be processed solely by the Contracts Unit when an active contract or agreement must be revised, clarified, altered, extended or changed. The contractor administrator will submit the Department’s amendment form to the Contracts Unit to initiate the amendment process.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0125
Interagency, Intergovernmental, International, Interstate or Tribal Agreements
(1) The Department will consider using agreements with other governmental entities to provide services before using private contractors.
(2) The agreement must be written or reviewed by the Contracts Unit prior to review and approval of the other party. The Contracts Unit will initiate the legal review and signature process as required under applicable rule.
(3) The written agreement shall include the following:
(a) The purpose of the agreement;
(b) The term of the agreement, including specific beginning and ending dates, if applicable;
(c) The total cost of the agreement to each party, including payment terms, if any; and
(d) The methods to terminate the agreement and any other pertinent information.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 26-1993, f. 10-14-93, cert. ef. 11-1-93; DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
291-026-0140
Memorandum of Understanding
(1) Memorandum of Understanding are not legally binding on any party, but are commonly used to document agreements between parties for expectation of performance during emergencies or for mutual assistance.
(2) Funds cannot be obligated through a Memorandum of Understanding.
(3) Contracts Unit is the holder of the file of record. The originating Department section will forward copies of all Memorandum of Understanding to the Contracts Unit.
Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 3-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 21-2008, f. & cert. ef. 8-29-08
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