Current through Register Vol. 63, No. 9, September 1, 2024
(1) Formal Selection Procedure: This
procedure will be used for the procurement of Benefits Exceptions to this
procedure are specified in sections (2), (3), (4) and (5).
(a) Announcement: The Board will give notice
of intent to contract for Benefits via the Oregon Procurement Information
Network (ORPIN). The notice shall include a description of the Benefits or
services sought the scope of the services required, and a description of
special requirements, if any. The notice will invite qualified prospective
contractors to apply. The notice will specify when and where the application
may be obtained, to whom it must be returned, and the closing date.
(b) Proposal: The Proposal from the
prospective contractors will consist of a statement that describes the
prospective contractor's credentials, performance data and other information
sufficient to establish contractor's qualifications for providing the Benefits
or services sought, as well as any other information requested in the
announcement.
(c) Evaluation: The
Board or its designees will evaluate the qualifications of all applicants and
select prospective contractors as set forth in OAR 101-005-0110.
(d) Award of Contracts: The Board will make
final selections based on the criteria included in OAR 101-002-005(3) in
addition to criteria included in the Request for Proposal (RFP).
(2)
(a) Informal Selection Procedure: This
procedure may be used at the Board's discretion, when the informal selection
procedure will not interfere with competition among prospective contractors,
reduce the quality of services, is an amount less than $150,000 in contract
costs, or will not increase costs. The Board will contact a minimum of three
prospective contractors known to the Board to be qualified to propose the
sought-after services. The selection will be made by the Board based upon the
factors described in paragraph (1) (d) of this rule. If three quotes are not
received, the Board will make a written record of its efforts to obtain
quotes.
(b) When informal selection
procedure has been used, the cumulative amendment(s) to the contract shall not
increase the total contract cost to sum that is greater than twenty-five
percent (25%) of the original contract cost.
(3)
(a)
Sole Source Procedure: PEBB may award a contract for Benefits without
competition when the Administrator of PEBB determines in writing that the
services are available from only one source, or the contractor is defined as a
Qualified Rehabilitation Facility as defined in Oregon's public contracting
code.
(b) The determination of a
sole source must be based on written findings that may include:
(A) That the efficient utilization of
existing services requires the acquisition of compatible services;
(B) That the services required for the
exchange of software or data with other public or private agencies are
available from only one source;
(C)
That the services are for use in a pilot or an experimental project,
or;
(D) Other findings that support
the conclusion that the goods or services are available from only one
source.
(c) To the
extent reasonably practical, PEBB shall negotiate with the sole source to
obtain contract terms advantageous to PEBB.
(4) Small Procurement Procedure: PEBB may
procure Contractor services in an amount less than $10,000 in any manner it
deems practical, including by direct selection, negotiation and award.
(a) Award of Contracts. PEBB will base
selections on evaluation criteria which may include, but is not limited to,
contractor availability; capability; experience; approach; compensation
requirements; previous litigation and remedy applied; customer service history
with PEBB, members and clients; debarment status; and references. Emphasis will
be placed on quality customer service, creativity, affordability, and
innovation and the improvement of employee health.
(b) Contract. The selected Contractor must
promptly execute the Contract. PEBB will execute the Contract only after
obtaining all applicable required documents and approvals.
(c) An amendement for additional services
shall not increase the total contract cost to a sum that is greater than
twenty-five percent of the original contract cost.
(5) Renewal Procedure: If the Board does not
issue an RFP or Single Source procurements to solicit formal proposals from
qualified potential Contractors or Vendors, the Board may directly negotiate
and enter into renewal contracts each plan year with Renewal Contractors to
provide Benefits and other services without following the procedures set forth
in sections (1) and (2) above. The Board may renew contracts with Renewal
Contractors for as many years as the Board determines is in the best interest
of the state and employees. The Board may invite renewal Proposals from those
Contractors or Vendors who provided the same or similar employee Benefit Plan
or other services in the year immediately prior. An employee Benefit Plan or
other services contract is similar if it is reasonable related to the scope of
work described in the procurement under which such a contract was awarded. The
Board will negotiate with Renewal Contractors and enter into contracts with
them after giving full consideration to the factors listed in paragraph (1)(d)
or to such of those factors as the Board determines shall be evaluated for the
renewal.
(6) Emergency Appointment
Procedure: The Board may select a Benefit Plan or other service Contractor
without following any of the above procedures when Emergency conditions
require. In such instance, the recommended appointment and a written
description of the conditions requiring the use of this appointment procedure
shall be submitted to the Board. The Board will determine if an Emergency
exists, declare the Emergency and negotiate a contract with the Contractor
after giving full consideration to the factors listed in paragraph
(1)(d).
Statutory/Other Authority: ORS
243.061 - 243.302
Statutes/Other Implemented: ORS
243.135
