OAR 291-026-0010
Definitions


(1)

Architectural, Engineering and Land Surveying Services, and Related Services: As defined in ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) and 279C.100 (Definitions for ORS 279C.100 to 279C.125)(6) and collectively means a special class of personal services that are required to be performed by an architect, engineer or land surveyor and related services.

(2)

Competitive Solicitation: A documented process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the contractor’s fees or costs, availability, capacity, experience, references, responsiveness to time limitations, responsiveness to solicitation requirements, and quality of previous performance.

(3)

Contract Administration: All functions related to a given contract between the Department and a contractor or consultant from the time the contract is executed until the work is completed and accepted or the contract is terminated, payment has been made, and disputes have been resolved. Contract administration includes amendments.

(4)

Contracts Unit: The unit within the Department responsible for conducting the procurement process resulting in an executed contract or agreement.

(5)

Contractor or Consultant: The person or entity with whom the Department enters into a contract.

(6)

Emergency: Circumstances that:

(a)

Could not have been reasonably foreseen;

(b)

Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

(c)

Require prompt execution of a contract to remedy the condition. An emergency procurement means a sourcing method pursuant to ORS 279B.080 (Emergency procurements), 279C.335 (Competitive bidding)(5) statutes.

(7)

Interagency Agreement: An agreement between two or more state agencies.

(8)

Intergovernmental Agreement: An agreement between the Department and a unit of local government, the federal government, or agencies of the federal government.

(9)

Interstate Agreement: An agreement between a state agency and other public agencies outside the boundaries of the State of Oregon.

(10)

International Agreement: An agreement between a state agency and any country outside the boundaries of the United States.

(11)

Memorandum of Understanding: A non-binding agreement or documentation of gifts.

(12)

Notice to Proceed: A document issued solely by the Contracts Unit directing the commencement of service. Services will not begin prior to issuance of the notice.

(13)

Originating Program: The program or functional unit within the Department of Corrections which is seeking or soliciting the services of a contractor or other governmental entity.

(14)

Personal Services: The services performed under a personal services contract in accordance with OAR 125-247 and related rules in 125-246. “Personal services” includes architectural, engineering and land surveying services procured under ORS 279C.105 (Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services) or 279C.110 (Selection procedures for consultants to provide services) and related services procured under 279C.120 (Selection procedure for related services).

(15)

Sole-Source Procurement: A sourcing method by which the Department awards a contract without competition to a single source for supplies and services, when written justification demonstrates no other source is available, in accordance with ORS 279B.075 (Sole-source procurements) and OAR 125-247-0275 (Sole-Source Procurements).

(16)

Solicitation Document: An invitation to bid; a request for proposals; a special procurement solicitation; or other document issued to invite offers from prospective contractors in accordance with ORS 279B or 279C. Solicitation document includes related documents, either attached or incorporated by reference, and any changes thereto, issued by the Department.

(17)

Statement of Work: All provisions of a public contract that specifically describe the services or work to be performed or goods to be delivered by either the contractor, its subcontractor(s), or the Department, as applicable, including any related technical specifications, deadlines, or deliverables. Detailed description of the specific services or tasks a contractor or consultant is required to perform under a contract.

(18)

Tribal Agreements: An agreement between the Department and any American Indian Tribe.
Last Updated

Jun. 8, 2021

Rule 291-026-0010’s source at or​.us