OAR 845-004-0070: Screening and Selection Procedures for Personal Service Contracts

(1) Purpose: Department of Administrative Services Administrative Rules OAR 122-020-0005 through 122-041-0005 govern personal service contracts. Within these rules, the Commission is required to develop its own rule for screening and selecting procedures. This rule describes the Commission’s procedures. (2) The Department of General Services in OAR 125-310-0092 defines personal service contracts as: (a) Contracts for services performed as an independent contractor in a professional capacity, including but not limited to the services of an accountant; attorney; architectural or land use planning consultant; physician or dentist; registered professional engineer; appraiser or surveyor; passenger aircraft pilot; aerial photographer; timber cruiser; data processing consultant or broadcaster; (b) Contracts for services as an artist in the performing or fine arts, including but not limited to persons identified as photographer, filmmaker, weaver, or sculptor; (c) Contracts for services of a specialized, creative and research-oriented, non-commercial nature; (d) Contracts for services as a consultant; (e) Contracts for educational and human custodial care services. (3) The Commission’s Administrative Services Division contracts for the Commission. Before any personal service contract work is done, the Commission must have a written contract that complies with this rule and any applicable Department of Administrative Services rule. (4) Contracting procedures: When the Commission proposes to contract, the Commission: (a) Develops written justification for the contract based on OAR 122-020-0015(3) which says: “An agency may contract for consultant services when the specialized skills, knowledge and resources to be provided by consultant are not available within the agency; when the work cannot be done in a reasonable time with the agency’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”; (b) Develops the criteria the Commission will use to award the contract. These criteria may include: (A) Contractors specialized experience and technical competence in relation to the service required; (B) Contractors capability to perform the work, including any specialized services, within the time limitations; (C) Contractors past record of performance on other contracts including qualify of work and ability to meet schedules; (D) Overall cost of the service, as well as hourly rates. (c) Selects appropriate contractor response format such as request for proposal, written bid, telephone bid. The Commission requires a minimum of three bids for contracts in amounts of $1,000 or more; (d) Notifies prospective contractors and documents the notification method. The Commission will make special efforts to ensure that it notifies minority/female contractors; (e) Reviews proposals and selects the best qualified contractor based on the award criteria. (5) Contract Approval: Before the Commission awards the contract to the selected contractor: (a) The Commissioners must first approve all personal service contracts of $5,000 or more at their monthly meeting. The Commissioners must approve amendments or extensions of person service contracts that exceed the authorized dollar amount at their monthly meeting. At their monthly meeting, the Commissioners will review a list of any personal service contracts that exceed $1,000 but are less than $5,000 that staff has entered into during the previous month; (b) The Department of Administrative Services must approve contracts exceeding $1,000. The Department of Administrative Services has delegated to the Commission the authority to enter into contracts in the amounts up to $1,000 with an annual (fiscal year) limit for each contractor of $2,000; (c) The Attorney General must review and approve contracts in excess of $25,000; (d) The Department of Administrative Services must approve amendments or extensions of personal service contracts that exceed the authorized dollar amount; (e) The Department of General Services must approve architectural or engineering service contracts; (f) The Information Systems Division of the Department of Administrative Services must approve data processing contracts. (6) Despite section (4) of this rule the Commission may contract with other government agencies for personal services without Department of Administrative Services approval. The Commission must, however, follow the other requirements of this rule and any applicable Department of Administrative Services rules. (7) In an emergency the Commission may bypass the requirements of section (4) of this rule. The Commission must justify this action in writing. The Commission will keep the explanation in the personal service contracts file and will provide a copy to the Department of Administrative Services. (8) Despite subsection (5)(a) of this rule, the Administrator, in consultation with the Commission chairperson, may approve personal service contracts between $5,000 and $25,000 in an emergency. The Administrator will bring the contract with an explanation of the emergency to the next Commission meeting for ratification.