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DEPARTMENT OF STATE LANDS
DIVISION 92
SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES
CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS
141-092-0020
Introduction
The following procedures for screening and selecting a contractor for a personal services contract are adopted as the procedures of the Division of State Lands, including the South Slough Estuarine Sanctuary and the Natural Heritage Advisory Council.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Hist.: LB 13-1982, f. & ef. 12-20-82
141-092-0021
Policy
(1) The Division of State Lands will contract for consultant services when the specialized skills, knowledge, and resources are not available within the Division; when the work cannot be done in a reasonable time with the Division's own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work. Contracts will be let only after approval by the Director, Deputy Director, or Assistant Director for Finance and Administration.
(2) Agreements for services of a consultant who is a member of the Public Employes' Retirement System and who is employed in another department will normally be in the form of an interagency agreement. Exceptions may be granted by the Director, Deputy Director, or Assistant Director when it is shown that such an agreement is impractical and that the work will be done strictly on the consultant's own time. Such exceptions will be processed as a regular personal services contract.
(3) This procedure will be used in all cases except when the Director, Deputy Director, or Assistant Director determines that an emergency will be subject to later confirmation.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Hist.: LB 13-1982, f. & ef. 12-20-82; LB 6-1985, f. & ef. 7-24-85
141-092-0025
Definitions
(1) "Agency" means the Division of State Lands.
(2) "Assistant Director" means any of the Assistant Directors for programs within the Division of State Lands.
(3) "Consultant" or "Contractor" means an individual or firm that has been found qualified to do specified types of work for the Division of State Lands and with whom the Division may contract.
(4) "Deputy Director" means the Deputy Director of the Division of State Lands.
(5) "Director" means the Director of the Division of State Lands.
(6) "Program Manager" means the Manager for the South Slough National Estuarine Sanctuary or the Manager for the Natural Heritage Advisory Council.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Hist.: LB 13-1982, f. & ef. 12-20-82; LB 6-1985, f. & ef. 7-24-85
141-092-0030
General
(1) A contract file will be maintained by the Finance and Administration Section. The file will contain a complete record of the actions involved in developing and administering the contract including the following:
(a) Statement of agency jurisdiction for the contract;
(b) A copy of the request for proposal;
(c) List of prospective contractors who were requested to submit proposals;
(d) Method used to advertise/notify other possible prospective contractors;
(e) A copy of each proposal;
(f) Method of evaluating proposals;
(g) Record of negotiations and results;
(h) Basis for awarding contract;
(i) Resulting contract, if awarded.
(2) All contracts of $2,500 per agreement or less should include:
(a) The names of firms or individuals and cost estimates/ quotations considered;
(b) The basis for selection of the contractor;
(c) How reasonableness of price was determined.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Hist.: LB 13-1982, f. & ef. 12-20-82
141-092-0035
Procedure and Responsibility
(1) Director, Deputy Director, or Assistant Director or Program Manager determines the agency requires the services of a consultant:
(a) Prepares agency justification for contract;
(b) Prepares a cost estimate for contract;
(c) Determines type of selection and screening process to be used in selecting a contractor;
(d) Completes screening and selection procedure and selects a contractor.
(2) Assistant Director for Finance and Administration completes the following:
(a) Forwards draft of proposed contracts that total $25,000 or more to Attorney General for review of legal sufficiency unless contract form has previously been approved by Attorney General;
(b) Receives Attorney General's approval of contract's legal sufficiency;
(c) Obtains contractor's signature on contract;
(d) Signs contract, or obtains signature of the Director;
(e) If contract is under $1,000, reviews and sends one copy to Executive Department Budget and Management Division for filing; retains copy for accounting purposes; copy for contract file; forwards one copy to contractor;
(f) If contract is for over $1,000, reviews and sends four copies to Department of Administrative Services for approvals;
(g) Receives approved contract, three copies from Executive Department, forwards one copy to accounting for payment purposes; forwards one copy of contract to contractor; and retains one copy of contract with original signatures for agency contract file.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Hist.: LB 13-1982, f. & ef. 12-20-82; LB 6-1985, f. & ef. 7-24-85
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