OAR 137-047-0560
Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer

(1)

For the purposes of ORS 279B.040 (Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents)(1), a reasonable person would believe that a person who assisted a state contracting agency, under a personal services contract, in the development of a solicitation for goods or services (or that person’s affiliate), would have an advantage in obtaining the public contract that is the subject of the solicitation if:

(a)

The specifications recommended by the personal service contractor for the sequence of services, incorporation of special service or fabrication techniques, or design of any goods or components or elements of goods that the state contracting agency published in its solicitation documents call for, expressly or implicitly, requirements that only the personal services contractor (or the contractor’s affiliate), or a limited class of individuals in the contractor’s area of specialty, have the ability to perform or produce or have the rights to perform or produce.

(b)

The rendering of solicitation document development assistance under the personal services contract gives the contractor knowledge of the state contracting agency’s special needs or procedures, not generally known to the public, that give the contractor (or the contractor’s affiliate) a material competitive advantage in competing for the contract for goods or services.

(c)

The rendering of solicitation document development assistance under the personal services contract gives the contractor, significantly in advance of other prospective bidders or proposers, knowledge of the solicitation document requirements that would allow the personal services contractor (or the contractor’s affiliate) a materially longer period in which to craft or refine a proposal in response to the solicitation documents.

(2)

For the purposes of ORS 279B.040 (Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents)(1), a reasonable person would believe that a person who assisted a state contracting agency, under a personal services contract, in the development of a solicitation for goods or services (or that person’s affiliate) would appear to have an advantage in obtaining the public contract that is the subject of the solicitation if:

(a)

Taking into account the personal services contractor’s announced areas of specialization, expertise or experience, the personal service contractor (or the contractor’s affiliate), or only a limited class of individuals in the contractor’s area of specialty, appear to have the capability to conform closely with the solicitation document requirements.

(b)

Taking into account the personal services contractor’s announced areas of specialization, expertise or experience, the personal service contractor (or the contractor’s affiliate), or only a severely limited class of individuals in the contractor’s area of specialty, appear to have the qualifications, training, experience or capacity to satisfy any minimum requirements that may be stated in the solicitation documents.

(c)

The solicitation documents for a contract for goods or services contain restrictions, deadlines or requirements that do not, when viewed objectively, reasonably promote rational procurement objectives of the state contracting agency.

(3)

If a state contracting agency engages a personal services contractor to advise or assist in the development of solicitation documents for a public contract for goods or services and the personal services contractor is engaged in the business of providing goods or services described in the solicitation documents, and the agency wishes to accept a bid or proposal from the personal services contractor under conditions described in section (2) or section (3) of this rule, the agency must apply to the Director of the Department of Administrative Services, as permitted by ORS 279B.040 (Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents)(2), for an exemption from the disqualification from the ability to submit a bid or proposal.

Source: Rule 137-047-0560 — Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0560.

137‑047‑0000
Application 137‑047‑0100
Definitions 137‑047‑0250
Source Selection 137‑047‑0255
Competitive Sealed Bidding 137‑047‑0257
Multistep Sealed Bidding 137‑047‑0260
Competitive Sealed Proposals 137‑047‑0261
Multi-tiered and Multistep Proposals 137‑047‑0265
Small Procurements 137‑047‑0270
Intermediate Procurements 137‑047‑0275
Sole-source Procurements 137‑047‑0280
Emergency Procurements 137‑047‑0285
Special Procurements 137‑047‑0290
Cooperative Procurements 137‑047‑0300
Public Notice of Solicitation Documents 137‑047‑0310
Bids or Proposals are Offers 137‑047‑0320
Facsimile Bids and Proposals 137‑047‑0330
Electronic Procurement 137‑047‑0400
Offer Preparation 137‑047‑0410
Offer Submission 137‑047‑0420
Pre-Offer Conferences 137‑047‑0430
Addenda to Solicitation Document 137‑047‑0440
Pre-Closing Modification or Withdrawal of Offers 137‑047‑0450
Receipt, Opening, and Recording of Offers 137‑047‑0460
Late Offers, Late Withdrawals and Late Modifications 137‑047‑0470
Mistakes 137‑047‑0480
Time for Agency Acceptance 137‑047‑0490
Extension of Time for Acceptance of Offer 137‑047‑0500
Responsibility of Bidders and Proposers 137‑047‑0525
Qualified Products Lists 137‑047‑0550
Prequalification of Prospective Offerors 137‑047‑0560
Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer 137‑047‑0575
Debarment of Prospective Offerors 137‑047‑0600
Offer Evaluation and Award 137‑047‑0610
Notice of Intent to Award 137‑047‑0620
Documentation of Award 137‑047‑0630
Availability of Award Decisions 137‑047‑0640
Rejection of an Offer 137‑047‑0650
Rejection of All Offers 137‑047‑0660
Cancellation of Procurement or Solicitation 137‑047‑0670
Disposition of Offers if Procurement or Solicitation Canceled 137‑047‑0700
Protests and Judicial Review of Special Procurements 137‑047‑0710
Protests and Judicial Review of Sole-Source Procurements 137‑047‑0720
Protests and Judicial Review of Multi-Tiered and Multistep Solicitations 137‑047‑0730
Protests and Judicial Review of Solicitations 137‑047‑0740
Protests and Judicial Review of Contract Award 137‑047‑0745
Protests and Judicial Review of Qualified Products List Decisions 137‑047‑0750
Judicial Review of Other Violations 137‑047‑0760
Review of Prequalification and Debarment Decisions 137‑047‑0800
Amendments to Contracts and Price Agreements 137‑047‑0810
Termination of Price Agreements
Last Updated

Jun. 8, 2021

Rule 137-047-0560’s source at or​.us