Risk Management

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_150.html
Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015







Claims Against the State Liability Fund
(1) The Department of Administrative Services, Risk Management Services, administers the Liability Fund established by ORS 278 .100 to cover the tort liability of the state and its officers, employees, or agents acting within the scope of their employment under ORS 30.260 to 30.300.
(2) An individual intending to make a claim against the Liability Fund must follow the notice requirements under ORS 30.275, as amended by Chapter 350, Oregon Laws 1981.
(3) Under ORS 30.275, formal notice of a claim against a state officer, employees, or agent may be given by mail or personal delivery to the Director of the Department of Administrative Services. By this policy, the Director delegates responsibility for receipt of liability claims to the Risk Management Services, Department of Administrative Services.
(4) A claimant or representative may file a claim in the following manner:
(a) Send or deliver a written statement to the Risk Management Services, including the following information:
(A) A statement that a claim for damages will be asserted against a named state agency, officer, employe, or agent;
(B) A description of the time, place and circumstances giving rise to the claim;
(C) The name of the claimant and the mailing address to which correspondence concerning the claim may be sent. Send or present the notice to: Claims Section, Risk Management Services, Department of Administrative Services, 155 Cottage Street N.E., Salem, OR 97310.
(b) To give actual notice of a claim as provided under ORS 30.275, provide the same information as required above for formal notice, orally to: Claims Section, Risk Management Services, (503) 373-7475.
Stat. Auth.: ORS 278 & ORS 283
Stats. Implemented:

Hist.: GS 1-1982, f. 1-29-82, ef. 2-1-82
Selection of Insurance Agent of Record
(1) The Department of Administrative Services may appoint an Agent of Record to assist in the procurement of commercial insurance.
(2) Selection of an Agent(s) of Record will follow guidelines established by the Public Contract Review Board in OAR 127-010-0140.
(3) Prior to the selection of an Agent of Record, the Department shall make reasonable efforts to inform known insurance agents in the competitive market area of its intent to choose an Agent of Record.
(4) The Agent of Record will be selected according to the following procedure:
(a) Risk Management Services:
(A) Establishes bid specifications for Agent of Record;
(B) Places public advertisement in at least one local newspaper of general circulation and trade periodical soliciting open bids;
(C) Through Enterprise Goods and Services Division, distributes bid specifications to insurance agents requesting copies in competitive market area of applicable coverages.
(b) Commercial Insurance Agencies:
(A) Review bid specifications and prepare sealed bid presentation in accordance with bid procedure guidelines;
(B) Submits bid to Department of Administrative Services, Enterprise Goods and Services Division, in accordance with bid specifications.
(c) Risk Management Services:
(A) Review bids at time stipulated in bid notice;
(B) May invite acceptable bid applicants for oral presentation of proposal;
(C) Evaluates written bids and oral presentations, grading bid proposals upon standards previously established in bid specifications;
(D) Makes final selection of Agent of Record;
(E) Informs all applicants (bidders) of successful awarding of contract for Agent of Record selection;
(F) Prepares and issues Agent of Record contract;
(G) Retains information for Public Contract Review Board on: Agent of Record selected; names of agents submitting bids; summary of evaluations of each applicant.
Stat. Auth.: ORS 283
Stats. Implemented:

Hist.: GS 5-1982, f. & ef. 5-3-82
Purchase of Professional Services
(1) The Department is authorized under ORS 278 .130 to purchase necessary technical and professional services.
(2) Examples of services that may be required include, but are not limited to, claims adjusting, property appraisal and Risk Management and actuarial audits to augment services provided by the Risk Management Services.
(3) Services will be acquired by one of the following methods:
(a) Services valued over $5,000:
(A) Service requirements that are continuous or for which the amount of the contract is over $5,000, shall be open for competitive bids according to procedures outlined by the Public Contract Review Board (PCRB);
(B) OAR 125-150-0005, Agent of Record, provides specific guidelines for the purchase of commercial insurance and related services;
(C) Risk Management Services will make a reasonable effort to notify all independent contractors known by the Unit to be qualified to provide the required services. The Unit shall also place at least one public advertisement in a west coast insurance trade publication;
(D) Contractors interested in submitting a proposal should request a copy of the bid specifications from the Unit;
(E) Risk Management Services will evaluate the proposals of all respondents. Selection will be based on the experience and qualifications of contractor and scope, completeness and schedule of work plan. Among equally qualified contractors and work plans, selection will be based on the lowest cost;
(F) Risk Management Services reserves the right to reject any and all proposals.
(b) Services valued under $5,000:
(A) One-time or emergency services will be secured as situations require. A minimum of two independent contractors, known by the Risk Management Services to be qualified and available to offer such services, will be contacted and asked to quote a fee for the required services either by a written letter or telephone conversation;
(B) A record of contractors contacted, service requirements, and corresponding quotes will be retained on file by the Risk Management Services, open to public inspection during regular business hours, 8 a.m. to 5 p.m., Monday through Friday;
(C) Of those independent contractors participating, selection will be based on experience, professional qualifications, work plan and time schedule. Among equally qualified contractors and work plans, selection will be based on the lowest cost;
(D) Risk Management Services reserves the right to reject any and all proposals.
(4) The following procedure should be followed:
(a) Risk Management Services:
(A) Recognizes need for additional technical or professional expertise;
(B) Composes bid specifications or obtains at least two estimates;
(C) Notifies appropriate technical and/or professional vendors of intention to secure proposals or estimates.
(b) Independent Contractors: Prepare and submit proposals according to established procedure of Department;
(c) Risk Management Services: Awards contract to selected independent contractor according to rules specified by Department of Administrative Services, Enterprise Goods and Services Division and Public Contract Review Board.
Stat. Auth.: ORS 283
Stats. Implemented:

Hist.: GS 5-1982, f. & ef. 5-3-82

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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