OAR 411-011-0005: Competitive Procurement

(1) General Requirements: (a) The Competition in Contracting Act of 1984 requires that, in the procurement of services, there be a solicitation, and that it be designed to achieve full and open competition for the procurement; (b) A competitive process requires use of performance based contracts. The contract type will be a firm, fixed unit rate; fixed rate with economic adjustment; or fixed ceiling price contract. The contract will state the conditions under which economic adjustment will occur, and/or under what conditions cost will be allowed within a fixed ceiling price contract; (c) Contract principles described in 45 CFR Part 74; Title 41 Code of Federal Regulations; and the Federal Acquisition Regulation (FAR), Part 6, outlines the principal processes for contracting and are to be followed in procuring services. (2) Criteria to Assure Competitive Process: (a) At least annually, the Division shall solicit potential providers by advertising in the Daily Journal of Commerce (DJC) and a newspaper having statewide circulation and appropriate minority media. Additionally, the Area Agency on Aging (AAA) shall advertise in the geographic area in which services will be impacted; (b) At the option of the AAA, make available to potential providers (contractors) identified through subsection (2)(a) of this rule, the cost (i.e., unit cost) at which the Area Agency on Aging has provided and will provide services, including enough data from the cost analysis for potential providers to determine whether they will commit to a letter of intent to submit a proposal if a Request for Proposal (RFP) is issued; (c) If two or more potential providers are identified as a result of subsection (2)(a) of this rule and OAR 411-011-0000(3) does not apply, the AAA shall follow the provisions of subsection (1)(c) of this rule; (d) If the AAA has determined through subsection (2)(a) of this section that there is only one potential provider of the service and OAR 411-011-0000(3) does not apply, then the AAA shall proceed with a negotiated procurement as sole source; (e) If the AAA has determined through subsection (a) of this section that there are no potential providers, other than the AAA itself, the AAA may provide the service directly, as provided for under OAR 411-011-0000(3)(a); (f) The AAA may respond to its own RFP in accordance with OAR 411-011-0015. [Publications: Publications referenced are available from the agency.]