Current through Register Vol. 63, No. 3, March 1, 2024
(1) If
the Department decides to select a Contractor from a list of individuals or
entities developed pursuant to OAR 137-009-0145, or from among the proposers to
a Solicitation under 137-009-0147 or 137-009-0150, the Department will use the
evaluation process described in this section.
(2) The Department will make its selection
decision based on an evaluation of factors that the Department determines
appropriate in any particular instance, which may include, without limitation:
(a) The experience and level of expertise of
Contractor and Contractor's available personnel, as determined by the
Department, in the Designated Practice Area and for the type of legal services
the Department requires;
(b)
Whether the Contractor's available personnel possess any required licenses or
certifications required to perform the legal services for the specific matter,
such as licenses to practice law in the appropriate jurisdiction, or licenses
to appear in a certain forum;
(c)
The legal and business constraints or requirements, if any, imposed by
particular characteristics of the matter for which the Department seeks legal
services;
(d) The extent and nature
of any likely conflicts of interest that exist or could arise if Contractor
provided legal services with respect to a particular matter;
(e) The training, expertise, temperament,
style and experience of the particular Contractor personnel available to
perform work on the specific matter and the training, expertise, temperament,
style and experience of the particular State of Oregon agency personnel that
will be working on the matter with the Contractor's personnel;
(f) Recommendations of subject matter
experts, such as client agency representatives with special knowledge or
insights into necessary or desirable non-legal knowledge or
background.
(g) Lowest Overall
Cost; or
(h) Other factors the
Department considers relevant to the selection of a Contractor to provide
particular legal services.
(3) In weighing the evaluation factors, no
single factor shall be determinative, but Lowest Overall Cost always will be
considered.
(4) To reduce the
Lowest Overall Cost to the state, the Department should select a Contractor
from the list of firms established under OAR 137-009-0145 when the work is
within an individual's or entity's Designated Practice Area under a Master
Agreement and the Department determines:
(a)
The administrative cost of selecting a Contractor under OAR 137-009-0150
outweighs potential cost savings under that process;
(b) The services are likely to be integrally
related to other services provided by the Contractor under a Master Agreement,
resulting in greater economy and efficiency; or
(c) The Department's need for services is of
such urgency that selecting a Contractor under OAR 137-009-0147 or 137-009-0150
would result in unacceptable delay.
Stat. Auth.: ORS
180.140(5),
183.310(9)
& 279A.025(2)(j)
Stats. Implemented: ORS
180.140(5)
& 279A.025(2)(j)
