OAR 125-055-0037
OFC Contract Termination and Successor Contractor Requirements

(1) If an Agency, or an OFC terminates, or for any reason does not renew a Oregon Forward Contract, for the same janitorial, grounds maintenance or security services, and a new Contract will be put into place to replace or substantially replace the former contract, the Agency must make and document its good faith effort to determine the capability and interest of any other OFC providers suitable for providing the specific service required. A replacement Contract for janitorial, grounds maintenance or security services shall be considered a successor Contract when:
(a) the services to be provided under the replacement Contract will meet the same definition of one of the three categories of services (defined below) as that of the services provided under the former Contract; and
(b) the same Agency that was a party to the former Contract will be a party to the succeeding Contract.
(c) The definitions of the categories of services include:
(A) Janitorial Services means duties that are performed to maintain the cleanliness of a facility.
(B) Grounds Maintenance Services means activities necessary for the upkeep of lands for appearance, safety and to promote the healthy growth of desired plants.
(C) Security Services means activities to protect an Agency’s assets and personnel from a variety of hazards by employing preventative measures.
(2) For the purposes of this section (1), an Agency may not cease to constitute the same Agency by resorting to a superficial name change or artificial reorganization to evade the requirements of ORS 279.853 (Conditions required in contract for services with successor qualified nonprofit agency for individuals with disabilities)(1) or of this rule.
(3) When an OFC is identified as able to meet the previously contracted requirements of the Agency, a new Contract with the successor OFC Contractor shall mandate that the successor Contractor offer employment to the Individuals with Disabilities employed, at the time of the Contract termination or nonrenewal for 28 hours per week or more, to perform the terminated or non-renewed services Contract. Employment must be offered in good faith and without subterfuge or artificial impediments to the hiring of the individuals displaced by the end of the Contract.
(4) When the successor Contractor is a Oregon Forward provider, Individuals with Disabilities, employed at the time of the Contract termination or non-renewal for 28 hours per week or more on the Contract, must be offered employment at wages equal to or better than the wages received under the terminated or non-renewed services Contract. Individuals with Disabilities, whose work schedule at the time of the Contract termination or non-renewal is 28 hours per week or more on the Contract, must also be offered health benefits at least as beneficial to the individual as earned by the individual under the terminated or non-renewed services Contract.
(5) When the Agency determines and is able to document that there is not an OFC capable of performing the Contract, the Agency must contractually require the non-Oregon Forward successor Contractor to offer employment to all of the employees working 28 hours per week or more on the Contract, at the time of the Contract termination or non-renewal, excluding supervisory and managerial personnel, regardless of their disability status. The wages offered by the successor Contractor must be equal to or better than the wages received under the terminated or non-renewed services Contract and the health benefits offered by the successor Contractor must be at least as beneficial to the individual as earned by the individual under the terminated or non-renewed services Contract.
(6) The original Oregon Forward Contractor shall cooperate with the successor Contractor to facilitate a smooth transition for employees choosing to accept the employment offer of the successor Contractor.
(7) The successor Contract shall require the successor Contractor, for a period of 90 days after entering into the successor Contract, to offer employment to all employees transitioning from the OFC provider to the successor Contractor, regardless of OFC status. The successor Contractor may subject individuals to that company’s established hiring procedures and may require the individuals to complete a probationary period to demonstrate that they meet the qualifications the successor Contractor applies to new hires.

Source: Rule 125-055-0037 — OFC Contract Termination and Successor Contractor Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-055-0037.

Last Updated

Jun. 8, 2021

Rule 125-055-0037’s source at or​.us