Oregon Administrative Rules|Section 125-246-0120 - Policies

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) These Rules simplify, clarify and modernize Public Contracting pursuant to ORS 279A.015(1).
 
(2) These Rules provide a foundation for ethical and fair dealing in Public Contracting, designed to instill public confidence pursuant to ORS 279A.015(2).
 
(3) The promotion of efficient use of resources pursuant to ORS 279A.015(3) includes but is not limited to Sustainability. Pursuant to ORS 184.421, "Sustainability" means using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives. ORS 184.421(1) sets forth the goals for the State of Oregon regarding Sustainability and provides that in conducting internal operations, Agencies must, in cooperation with the Department, seek to achieve the following objectives: 
(a) State purchases should be made so as to serve the broad, long term financial interests of Oregonians, including ensuring that environmental, economic and societal improvements are made so as to enhance environmental, economic and societal well-being;
 
(b) Investments in facilities, equipment and durable goods should reflect the highest feasible efficiency and lowest life cycle costs;
 
(c) Investments and expenditures should help promote improvements in the efficient use of energy, water and resources;
 
(d) State operations and purchases should help maintain vital and active downtown and main street communities;
 
(e) State purchases should help support opportunities for economically distressed communities and historically underemployed people;
 
(f) State operations should be conducted in ways that significantly increase the efficient use of energy, water and resources;
 
(g) State operations and purchases should reflect the efficient use and reuse of resources and reduction of contaminants released into the environment.
 
 
(4) These Rules clearly identify and implement each of the legislatively mandated socioeconomic programs identified pursuant to ORS 279A.015(4).
 
(5) "Arriving at best value" pursuant to ORS 279A.015(5) means selecting a Provider based on a determination of which Providers' proposals offer the best trade-off between price and performance, in which quality is considered an integral performance factor. The selection may be based on evaluation factors including but not limited to: 
(a) The total cost of ownership, including the cost of acquiring, operating, maintaining and supporting Supply and Services, Public Improvements, and Architectural, Engineering and Land Surveying and Related Services, or any combination thereof, over its projected lifetime;
 
(b) The technical merit of the Proposer's proposal; and
 
(c) The probability of the Proposer performing the requirements stated in the Solicitation on time, with high quality and in a manner that accomplishes the stated business objectives.
 
 
(6) Authorized Agencies must conduct Public Contracting to further the policies set forth in ORS 279A.015, elsewhere in the Code, and in these Rules.
 
Or. Admin. R. 125-246-0120
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; DAS 9-2005, f. & cert. ef. 8-3-05
Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
 
Stats. Implemented: ORS 279A.015