Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 11 - PROVISION OF SERVICES BY AREA AGENCIES ON AGING AND COMPETITIVE PROCUREMENT
Section 411-011-0005 - Competitive Procurement
Universal Citation: OR Admin Rules 411-011-0005
Current through Register Vol. 63, No. 3, March 1, 2024
(1) General Requirements:
(a) The Competition in
Contracting Act of 1984 requires that, in the procurement of services, there be
a solicitation, and that it be designed to achieve full and open competition
for the procurement;
(b) A
competitive process requires use of performance based contracts. The contract
type will be a firm, fixed unit rate; fixed rate with economic adjustment; or
fixed ceiling price contract. The contract will state the conditions under
which economic adjustment will occur, and/or under what conditions cost will be
allowed within a fixed ceiling price contract;
(c) Contract principles described in 45
CFR Part 74; Title 41 Code of Federal Regulations; and the Federal
Acquisition Regulation (FAR), Part 6, outlines the principal processes
for contracting and are to be followed in procuring services.
(2) Criteria to Assure Competitive Process
(a) At least annually, the Division
shall solicit potential providers by advertising in the Daily Journal of
Commerce (DJC) and a newspaper having statewide circulation and
appropriate minority media. Additionally, the Area Agency on Aging (AAA) shall
advertise in the geographic area in which services will be impacted;
(b) At the option of the AAA, make available
to potential providers (contractors) identified through subsection (2)(a) of
this rule, the cost (i.e., unit cost) at which the Area Agency on Aging has
provided and will provide services, including enough data from the cost
analysis for potential providers to determine whether they will commit to a
letter of intent to submit a proposal if a Request for Proposal (RFP) is
issued;
(c) If two or more
potential providers are identified as a result of subsection (2)(a) of this
rule and OAR 411-011-0000(3) does not apply, the AAA shall follow the
provisions of subsection (1)(c) of this rule;
(d) If the AAA has determined through
subsection (2)(a) of this section that there is only one potential provider of
the service and OAR 411-011-0000(3) does not apply, then the AAA shall proceed
with a negotiated procurement as sole source;
(e) If the AAA has determined through
subsection (a) of this section that there are no potential providers, other
than the AAA itself, the AAA may provide the service directly, as provided for
under OAR 411-011-0000(3)(a);
(f)
The AAA may respond to its own RFP in accordance with OAR
411-011-0015.
Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.250, 410.270 & 410.280
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.