OAR 943-060-0110
Special Procurements by Rule
(1)
Client placement and client health care services.(a)
The Authority may use this special procurement to initiate client placement and client health care services as described in this rule prior to execution of a contract, per applicable policy. When the Authority determines a need exists to secure or maintain client placement services or to secure client health care services, the Authority may contract subject to the following definitions and conditions:(A)
“Client placement services” means securing, enhancing, or continuing the placement of a client in a structured family-like setting or residential setting operated by a qualified provider.(B)
“Client health care services” means health care services or provision of incidental or specialized supplies related to the health of a client. Client health care services include but are not limited to preventive, diagnostic, therapeutic, behavioral, rehabilitative, maintenance, palliative care, counseling, assessment, or procedure with respect to the physical or mental condition, or functional status of a client, or that affect a structure or function of the body, and the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.(C)
Services that may prevent a placement or placement disruption but that cannot definitively be classified as client placement services by the Authority constitute client placement services and are subject to this special procurement.(b)
The Authority may not make any payments for client placement or client health care services before obtaining all requisite approvals of the contract or amendment to an existing contract.(c)
The Authority may:(A)
Use one of the defined source selection methods as found in ORS 279B. If the Authority elects to use one of the defined source selection methods, it shall conduct it in accordance with the public contracting code, rules, and Authority policies; or(B)
The Authority may elect to create its own source selection method. If the Authority elects to create its own source selection method, it shall document the file describing why the alternate method was selected.(d)
The Authority shall ensure all procurement personnel responsible for procuring client placement or client health care services are provided training on the conditions and limitations of this special procurement.(2)
Client services source selection.(a)
Under this class special procurement, the Authority is not required to use the source selection procedures in ORS 279B to procure client services.(b)
The Authority may competitively solicit for client services when there is known competition. Under these circumstances, the Authority may:(A)
Use one of the source selection methods in ORS 279B. If the Authority uses one of the source selection methods, it shall conduct the solicitation in accordance with the public contracting code, rules, and Authority policies; or(B)
The Authority may elect to create its own source selection method. If the Authority creates its own source selection method, it shall document the file describing why the alternate method was selected.(3)
Advertising contracts.(a)
The Authority may use this special procurement to purchase advertising, regardless of dollar value, without competitive bidding.(b)
The Authority shall use competitive methods where practicable to achieve best value and shall document in the procurement file the reasons why a competitive process was deemed to be impractical.(4)
Equipment repair and overhaul.(a)
The Authority may use this special procurement for equipment repair and overhaul, as described below.(b)
The Authority, having procurement authority according to ORS 413.033 (Oregon Health Authority director), may enter into a public contract for equipment repair or overhaul without competitive bidding, subject to the following conditions:(A)
Service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing; and(B)
Service or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source.(c)
The Authority shall use competitive methods where practicable to achieve best value and shall document in the procurement file the reasons why a competitive process was deemed to be impractical.(5)
Purchase of used personal property.(a)
Subject to the provisions of this special procurement, the Authority may purchase used property or equipment without competitive bidding and without obtaining competitive quotes.(b)
“Used personal property or equipment” means the property or equipment which has been placed in its intended use by a previous owner or user for a period of time recognized in the relevant trade or industry as qualifying the personal property or equipment as “used” at the time of the Authority purchase. Used personal property or equipment generally does not include property or equipment if the Authority was the previous user, whether under a lease, as part of a demonstration, trial or pilot project, or similar arrangement.(c)
For purchases of used personal property or equipment, the Authority shall, where feasible, obtain three quotes, unless the Authority has determined and documented that a purchase without obtaining quotes will result in cost savings to the Authority. The Authority shall obtain and keep a written record of the source and quotes received. If three quotes are not available, a written record shall be made of the attempt to obtain quotes.(6)
Speakers.(a)
The Authority may use this special procurement to enter into written agreements for speaker services, as described in this rule. When the Authority determines that a need exists to secure speaker services, the Authority may contract subject to the following definitions and conditions:(A)
“Speaker” means a provider in the role of a lecturer, presenter, keynote, or speechmaker on a topic in which he or she has expertise. A speaker addresses groups of people in a structured, deliberate manner intended to inform or influence the participants. A speaker’s role is different from the role of a trainer or facilitator.(B)
The Authority may contract with a speaker to provide lectures, presentations, or speeches one or multiple times and at a single or multiple locations.(b)
Under this class special procurement, the Authority is not required to use the source selection procedures in ORS 279B to procure speaker services when the value does not exceed $150,000.(7)
Seminar, training registration, and conference fees.(a)
The Authority may use this special procurement to enter into written agreements for seminars, training registrations, and conference fees when the Authority determines that a need exists. The Authority may contract subject to the following definitions and conditions:(A)
“Trainer” means a provider in a role that delivers professional training or seminar services that direct the growth of learners by making them qualified, informed, or proficient in a skill, task, attitude, system, or process. The trainer works from a structured design based on learning objectives. The provider may utilize coaching, instructing, and facilitating techniques to accomplish the learning objective. A trainer’s role is different from the role of a speaker or facilitator.(B)
The Authority may contract with a trainer with proprietary material essential to the business need.(b)
The Authority shall select trainers it considers most advantageous based on one or more of the following criteria:(A)
The knowledge, skills, and ability of each trainer that will provide the services;(B)
The trainer’s ability to provide services;(C)
Each trainer’s experience, level of expertise, and suitability to perform the training services required;(D)
Whether each trainer’s available personnel possess any required licenses or certifications required to perform the services for, or on behalf of, the Authority;(E)
The proprietary nature of the particular training program or materials needed by the Authority;(F)
Each trainer’s availability, capability, resources, and commitment to perform the training services at times and locations set by the Authority; or(G)
Other factors the Authority considers relevant to obtain the maximum training benefit.(c)
Under this class special procurement, the Authority is not required to use the source selection procedures in ORS 279B to procure trainer services when:(A)
The value does not exceed $150,000; and(B)
The trainer of the services owns an exclusive copyright in the training materials; or(C)
The training services are designed to be repeatedly delivered regardless of the audience and are not customized or developed specifically for each audience or event.(8)
Memberships.(a)
The Authority may use this special procurement to purchase dues or memberships in professional or community organizations, institutions, or associations, in accordance with OAR 137-045-0050 (Exemptions from Legal Sufficiency Approval Based on Risk Assessment)(12), when the membership is for the benefit of the Authority.(b)
Under this class special procurement, the Authority is not required to use the source selection procedures in ORS 279B to procure memberships.(9)
Copyrighted materials.(a)
The Authority may use this special procurement to purchase copyrighted materials where there is only one known supplier available for such goods. This includes but is not limited to new books, workbooks, periodicals, subscriptions, curriculum materials, reference materials, and audio and visual media from a particular publisher or its designated distributor.(b)
Under this class special procurement, the Authority is not required to use the source selection procedures in ORS 279B to procure copyrighted materials.(10)
Software and hardware maintenance, licenses, and upgrades.(a)
The Authority may use this special procurement to directly enter into a contract or renew existing contracts for information technology hardware or software maintenance, licenses, and upgrades without competitive solicitation where the maintenance, upgrades, or licenses are either available from only one source or, if available from more than one provider, are obtained from the Authority’s current provider to utilize the pre-existing knowledge of the vendor regarding the specifics of the Authority’s hardware or software system.(b)
The Authority shall document in the procurement file the facts that justify either that maintenance, licenses, or upgrades were available from only one source or, if from more than one source, from the current vendor.(11)
Manufacturer direct supplies.(a)
The Authority may use this special procurement to purchase goods directly from a manufacturer if the cost from the manufacturer is the same or less than the cost the manufacturer charges to its distributors.(b)
The Authority may not use this special procurement when a statewide price agreement exists for the goods.(12)
Health care reform.(a)
The Authority may use this special procurement to enter into written agreements for consultant services to carry out the Governor’s and the Authority’s efforts to reform health care delivery via community based programs and other health care reform initiatives. When the Authority determines that a need exists to secure health care reform services, the Authority may contract subject to the following definitions and conditions:(A)
“Health care reform” means looking at ways of delivering health care services for Oregon families that improve the quality of care and develop ways to reduce the cost of health care.(B)
The Authority may contract with a consultant who has the specialized knowledge, skills, and abilities in the area of health care reform when:(i)
Federal guidelines or timelines require an expedited procurement process;(ii)
Assessments, development of policies, information systems, and other tools and documents are required to be conducted through independent analysis by third party consultants; or(iii)
The Authority risks losing federal funding or may fail to meet required deadlines to continue funding for the next phase of health care reform.(b)
The Authority is not required to use the source selection procedures in ORS 279B to procure health care reform consultant services when:(A)
The services do not exceed 12 months in duration; and(B)
The consultant is considered an expert in health care reform as determined by the Authority.(c)
The Authority will use the source selection requirements as found in ORS 279B when the consultant services do not meet the requirements under this special procurement.(13)
Accreditation services.(a)
The Authority may use this special procurement to obtain accreditation services when a program is required to have accreditation for certification of competency, authority, or credibility by an organization that is certified to grant the accreditation.(b)
The Authority is not required to use the source selection procedures in ORS 279B to procure accreditation services.
Source:
Rule 943-060-0110 — Special Procurements by Rule, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-060-0110.