采购及采购规则

COMMUNITYCOLLEGE RULES

OF PROCUREMENT

EFFECTIVE JANUARY 19, 2005, AND

REVISED FEBRUARY 13, 2019 THROUGH BOARD RESOLUTION

根据ORS 279A.065(5)(a)和ORS 279A采用。070

2022世界杯四强比赛直播

THROUGH BOARD RESOLUTION

DATED

JANUARY 13, 2005

These Community College Rules of Procurement shall remain in effect unless modified, in writing, and adopted by the College’s

Local Contract Review Board through Board Resolution.

TABLE OF CONTENTS

SECTION 100 GENERAL INFORMATION

CCR.102 Purpose and Statutory Authority

CCR.104 Definitions

SECTION 200 PUBLIC CONTRACT SPECIAL PROCUREMENTS ANDRULES OF PROCEDURE

GENERAL CONTRACT PROVISIONS

CCR.202 Advertising

CCR.204 Bid Security and Bond Requirements, Waiver of

CCR.205 Cooperative Procurement Participation

CCR.206 Donated Materials and/or Services

CCR.207 Emergency Contracts (Including Oil or Hazardous Material Removal)

CCR.208 Equipment Repair and Overhaul (Including Maintenance Agreements) CCR.210 Federal Contracts, Purchases under

CCR.212 Intellectual Property (Periodicals/Library Books, Proprietary Software Licenses, Art, and Other Products of the Creative Process

CCR.216 Life Cycle Costing/Best Value

CCR.218 Perishables (Chemicals, Food, Laboratory Supplies) CCR.220 Personal Property, Used (Purchase of)

CCR.222 Price Regulated Items (Including Gas, Diesel Fuel, Heating Oil, Lubricants, Asphalts, Distilled Alcohol, Postage, and Certain Utilities)

CCR.226 Requirements Contracts

CCR.228 Resale – Items for

CCR.230 Telecommunications Services

PERSONALSERVICES CONTRACTING RULES

CCR.250 Personal Services Contracts – General

CCR.260 Solicitation Requirements

PUBLIC IMPROVEMENT CONTRACTS EXCEPTIONS AND EXEMPTIONS

CCR.280 Alternative Contracting Methods

CCR.281 Donated Public Improvements

CCR.282 First-Tier Subcontractors; Disclosure and Substitution

CCR.283 Limited Negotiations with Bidder

SECTION 300 SUPPLEMENTARY PROVISIONS – CONTRACTING RULESThese Community College Rules of Procurement were drafted by participating statewide community college representatives with the intent that Sections 100 and 200 be adopted in their entirety and remain unchanged by their respective institutions unless modified by participating committee members at a later date and subsequently ratified by all their Local Contract Review Boards. Section 300 has been specifically set aside to address the unique philosophies, cultures, and/or concerns of the various community colleges, voting districts, and Local Contract Review Boards. In the event of conflict between rules or sections within these Community College Rules of Procurement, the rules in Section 300 (excluding Appendix A), shall take precedence over the rules in Sections 100 and/or 200 except as otherwise expressly provided in Sections 100 and 200; in all cases, Sections 100, 200, and 300 (excluding Appendix A), shall take precedence over Appendix A.

CCR.301 Consultant Selection: Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and Providers of Related Services Contracts(另见附录a中的OAR 137-048-0210(2)(b))

CCR.302 Contract Amendments & Reinstatements(See also OAR 137-047-0800 contained in Appendix A.)

CCR.304 Cumulative Awards of Small Contracts (i.e., Anti-Fragmenting Rule) CCR.306 Educational & Institutional Cooperative Service, Incorporated CCR.308 Energy Management Controls Systems

CCR.310 Exception (Including Sole Source) – Purchases of Goods or Services through

CCR.312 Personal Services Contracts(Amends CCR.250.)

CCR.314 Public Contracts Under Certain Dollar Amounts: Small Procurements and

Intermediate Procurements(参见ORS 279B。065年和279年b。070.)

CCR.316 Rejection of an Offer(Amendments to OAR 137-047-0640 & 137-049-0440 contained in Appendix A.)

CCR.317 Source Selection

CCR.318 Space Rentals (hotels, conferences, temporary offices, etcetera) CCR.319 Personal Property, Used (Purchase of)

CCR.320 Special Risk Insurance Policies

APPENDIX A: OREGON ATTORNEY GENERAL’S MODEL PUBLIC CONTRACT RULES (OREGON ADMINISTRATIVE RULES), AS EXPRESSLY IDENTIFIED BY RULE NUMBER, AND INCORPORATED HEREIN BY REFERENCE--DIVISIONS 46, 47, 48, AND 49, PREPARED AND MAINTAINED BY THE STATE OF OREGON, DEPARTMENT OF JUSTICE, GENERAL COUNSEL DIVISION, AS AMENDED FROM TIME TO TIME.

本社区学院采购规则第100条、200条和/或300条(不包括附录A)在俄勒冈州总检察长示范公共合同规则(附录A)与本社区学院采购规则(2005年3月1日生效，随后根据ORS 279A.065(5)(b)进行了审查/修改)之间存在冲突或相似性的情况下，应以本社区学院采购规则中第100条、200条和/或300条(不包括附录A)为准。《俄勒冈州总检察长公共合同示范规则》中的规则已在本目录中列出，但其中有一条划线，这些规则已被划掉，未被学院采用。

DIVISION 46 GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING

137-046-0100 Content and General Application; Federal Law Supremacy

137-046-0110 Definitions for the Model Rules

137-046-0120 Policy

137-046-0130 Application of the Code and Model Rules; Exceptions

137-046-0200 Notice to Advocate for Minorities, Women and Emerging Small Businesses

137-046-0210 Subcontracting to and Contracting with Emerging Small Businesses; DBE Disqualification

137-046-0300 Preferences for Oregon Goods and Services

137-046-0310 Reciprocal Preferences

137-046-0320 Preference for Recycled Materials

137-046-0400 Authority for Cooperative Procurements

137-046-0410 Responsibilities of Administering Contracting Agencies and Purchasing Contracting Agencies

137-046-0420 Joint Cooperative Procurements

137-046-0430 Permissive Cooperative Procurements

137-046-0440 Advertisements of Intent to Establish Contracts through a Permissive Cooperative Procurement

137-046-0450 Interstate Cooperative Procurements

137-046-0460 Advertisements of Interstate Cooperative Procurements

137-046-0470 Protests and Disputes

137-046-0480 Contract Amendments

137-046-0500 Repealed Rules

DIVISION 47 GENERAL PROVISIONS

137-047-0000 Application

137-047-0100 Definitions

137-047-0250 Methods of Source Selection; Feasibility Determination; Cost Analysis

137-047-0255 Competitive Sealed Bidding

137-047-0257 Multistep Sealed Bidding

137-047-0260 Competitive Sealed Proposals

137-047-0261 Multi-tiered and Multistep Proposals

137-047-0265 Small Procurements

137-047-0270 Intermediate Procurements

137-047-0275 Sole-Source Procurements

137-047-0280 Emergency Procurements

137-047-0285 Special Procurements

137-047-0290 Cooperative Procurements

137-047-0300 Public Notice of Solicitation Documents

137-047-0310 Bids or Proposals are Offers

137-047-0320 Facsimile Bids and Proposals

137-047-0330 Electronic Procurement

137-047-0400 Offer Preparation

137-047-0410 Offer Submission

137-047-0420 Pre-Offer Conferences

137-047-0430 Addenda to Solicitation Document

137-047-0440 Pre-Closing Modification or Withdrawal of Offers

137-047-0450 Receipt, Opening, and Recording of Offers; Confidentiality of Offers

137-047-0460 Late Offers, Late Withdrawals and Late Modifications

137-047-0470 Mistakes

137-047-0480 Time for Agency Acceptance

137-047-0490 Extension of Time for Acceptance of Offer

137-045-0500 Responsibility of Bidders and Proposers

137-047-0525 Qualified Products Lists

137-047-0550 Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions

137-047-0575 Debarment of Prospective Offerors

137-047-0600 Offer Evaluation and Award

137-047-0610 Notice of Intent to Award

137-047-0620 Documentation of Award

137-047-0630 Availability of Award Decisions

137-047-0640 Rejection of an Offer

137-047-0650 Rejection of All Offers

137-047-0660 Cancellation of Procurement or Solicitation

137-047-0670 Disposition of Offers if Procurement or Solicitation Canceled

137-047-0700 Protests and Judicial Review of Special Procurements

137-047-0710 Protests and Judicial Review of Sole-Source Procurements

137-047-0720 Protests and Judicial Review of Multiple-Tiered and Multistep Solicitations

137-047-0730 Protests and Judicial Review of Solicitations

137-047-0740 Protests and Judicial Review of Contract Award

137-047-0745 Protest and Judicial Review of Qualified Products List Decisions

137-047-0750 Judicial Review of Other Violations

137-047-0760 Review of Prequalification and Debarment Decisions

137-047-0800 Amendments to Contracts and Price Agreements(see also CCR.302)

137-047-0810 Termination of Price Agreements

DIVISION 48 CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES AND RELATED SERVICES CONTRACTS

137-048-0100应用程序

137-048-0110 Definitions

137-048-0120 List of Interested Consultants; Performance Record

适用的选择程序;定价信息、方案披露;Conflicts of Interest

137-048-0200 Direct Appointment Procedure

137-048-0210 Informal Selection Procedure

137-048-0220 Formal Selection Procedure

137-048-0230 Ties Among Proposers

137-048-0240 Protest Procedures

137-048-0250 Solicitation Cancellation Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility for Costs

137-048-0260 Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects

137-048-0270 Price Agreements

137-048-0300 Prohibited Payment Methodology; Purchase Restrictions

137-048-0310 Expired or Terminated Contracts; Reinstatement

137-048-0320 Contract Amendments

DIVISION 49 GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES

137-049-0100 Application

137-049-0110 Policies

137-049-0120 Definitions

137-049-0130 Competitive Bidding Requirement

137-049-0140 Contracts for Construction Other than Public Improvements

137-049-0150 Emergency Contracts; Bidding and Bonding Exemptions

137-049-0160中间采购;Competitive Quotes and Amendments

137-049-0200 Solicitation Documents; Required Provisions; Assignment or Transfer

137-049-0210 Notice and Advertising Requirements; Posting

137-049-0220 Prequalification of Offerors

137-049-0230 Eligibility to Bid or Propose; Registration or License

137-049-0240 Pre-Offer Conferences

137-049-0250 Addenda to Solicitation Documents

137-049-0260 Request for Clarification or Change; Solicitation Protests

137-049-0270 Cancellation of Solicitation Document

137-049-0280 Offer Submissions

137-049-0290 Bid or Proposal Security(see also CCR 204)

137-049-0300 Facsimile Bids and Proposals

137-049-0310 Electronic Procurement

137-049-0320 Pre-Closing Modification or Withdrawal of Offers

137-049-0330 Receipt, Opening and Recording of Offers; Confidentiality of Offers

137-049-0340 Late Bids, Late Withdrawals and Late Modifications

137-049-0350 Mistakes

137-049-0360 First-Tier Subcontractors; Disclosure and Substitution(see also CCR 282)

137-049-0370 Disqualification of Persons

137-049-0380 Bid or Proposal Evaluation Criteria

137-049-0390 Offer Evaluation and Award; Determination of Responsibility

137-049-0395 Notice of Intent to Award

137-049-0400获奖文件;Availability of Award Decisions

137-049-0410 Time for Contracting Agency Acceptance; Extension

137-049-0420 Negotiation with Bidders Prohibited

137-049-0430 Negotiation When Bids Exceed Cost Estimate

137-049-0440 Rejection of Offers

137-049-0450 Protest of Contractor Selection, Contract Award

业绩和支付安全;Waiver

137-049-0470 Substitute Contractor

137-049-0490 Foreign Contractor

137-049-0600 Purpose (Alternative Contracting Methods)

137-049-0610 Definitions for Alternative Contracting Methods

137-049-0620 Use of Alternative Contracting Methods

137-049-0630 Findings, Notice and Hearing

137-049-0640 Competitive Proposals; Procedure

137-049-0645 Requests for Qualifications (RFQ)

137-049-0650 Requests for Proposals (RFP)

137-049-0660 RFP Pricing Mechanisms

137-049-0670 Design-Build Contracts

137-049-0680 Energy Savings Performance Contracts (ESPC)

137-049-0690 Construction Manager/General Contractor (CM/GC)

137-049-0800 Required Contract Clauses

137-049-0810 Waiver of Delay Damages Against Public Policy

137-049-0815 BOLI Public Works Bond

137-049-0820 Retainage

137-049-0830 Contractor Progress Payments

137-049-0840 Interest

137-049-0850 Final Inspection

137-049-0860 Public Works Contracts

137-049-0870 Specifications; Brand Name Products

137-049-0880 Records Maintenance; Right to Audit Records

137-049-0890 Contracting Agency Payment for Unpaid Labor or Supplies

137-049-0900 Contract Suspension; Termination Procedures

137-049-0910 Changes to the Work and Contract Amendments

SECTION 100 - GENERAL INFORMATION

Purpose and Statutory Authority CCR.102

Purpose. These rules prescribe public contract Special Procurements (exemptions), whereby a Local Contract Review Board may approve a special procurement (pursuant to ORS 279B.085), personal services contracting rules, competitive procurement process rules, and supplementary provisions for community colleges, who have formally adopted through board resolution, these Community College Rules of Procurement, hereinafter referred to as Rules or CCRP.
Statutory Authority. These Rules are authorized by Public Contracting Code 279A.050(Procurement Authority), 279A.055(Personal Services Contracts), 279A.060(Local Contract Review Boards), 279年。070(Rules). All references to PCC shall mean Public Contracting Code as defined in ORS 010(1)(bb). (Note: Under ORS 279A.065(4), public contracting agencies in Oregon will be operating under the State of Oregon Attorney General’s Model Rules unless they have taken special action to opt out and adopt their own contracting rules.)
Participating Oregon Community Colleges.这些社区学院的采购规则(CCRP)，是由参与俄勒冈社区学院(POCC)的代表通过全州范围的合作努力起草的。根据POCC参与协议，ccc第100条和第200条应保持不变，除非POCC在稍后日期进行修改，并随后由各机构的当地合同审查委员会批准。POCC的任何成员对CCRP第100和/或200条的修改，如果没有得到所有其他POCC成员的一致同意和采用，则通过其行动，将不再有资格成为POCC合作采购小组的成员，并且不能以此代表自己。
Sustainability根据《俄勒冈社区学院采购规则》，成员学院承诺使用和购买对环境和社会负责的材料和产品，这些材料和产品在财政上负责，减少资源消耗和浪费，充分发挥作用，并促进人类健康和福祉。认识到其区域经济的作用，大学应寻求机会，利用产品和服务，包括新的环保产品，可重复使用的产品，回收内容和回收产品，在可行的情况下，利用教育，鼓励和影响各自的市场。

* * * * *

Definitions for these Community College Rules of Procurement CCR.104

The following terms, when they appear capitalized in these Community College Rules of Procurement, shall have the meaning set forth below unless otherwise indicated:

“Addendum” or “Addenda”“征集文件”指对征集文件的添加或删除、重大变更或一般利益解释。
“Auxiliary Funds”指为向学院客户提供产品或服务而用于盈利和/或自我维持的资金。辅助基金或企业基金运作的例子包括:书店;食品服务;打印服务;医疗/牙科/科学商店;学生汽车和机械商店;以及各种学生商店转售的书籍和用于教学的电脑。
“Award”or “Intent to Award”means, as the context requires, either the act or occurrence of the College’s identification of the Person with whom the College will enter into a Contract following the resolution of any protest of the College’s selection of that Person, and the completion of all Contract negotiations.
“Best Value, Arriving at”means evaluation or assessment of performance factors and other aspects of service and product quality, as well as pricing, which may include, but not be limited to, combinations of quality, services, time, total cost of ownership considerations, and the probability of the Offeror performing the requirements stated in the Solicitation.
“Bid”means a “Written” response to an Invitation to Bid.
“Bidding/ProposingPeriod”means the span of time between the date of the Solicitation Document and the time and date set for receipt of Offers. The time period shall be stated in the Solicitation Document. Generally a period of fourteen (14) calendar days shall be provided, but in no case shall the time provided be less than five (5) calendar days.
“Closing”means the date and time specified in a Solicitation Document as the deadline for submitting Offers.
“Code”means the Public Contracting Code, as defined in ORS 279A.010.
“College”means Community College District or Community College Service District established under ORS chapter 341, hereinafter known as the specific College whose name appears on the Solicitation Document and/or subsequent Contract and whose Local Contract Review Board has adopted by resolution or ordinance these Community College Rules of Procurement.
“竞争Range”means the Offerors with whom the College will conduct discussions or negotiations if the College intends to conduct discussions or negotiations in accordance with its own rules.
“Contract”系指ORS 010(1)(z)中定义的“公共合同”，由承包机构出售或其他处置，或购买、租赁、租赁或其他收购个人财产、服务，包括个人服务、公共改善、公共工程、小改动或为维护公共改善所必需的普通修理或维护。“公共合同”不包括授予。“合同”包括学院的招标文件和招标文件中被接受的部分，无论该部分是附加的还是通过引用纳入的，都是学院和承包商之间的，描述要做的工作和双方的义务。根据采购的商品和服务，学院可以使用“合同”作为采购订单、价格协议或其他合同文件，除了学院的招标文件和招标文件的可接受部分。如果合同是为了公共改进或公共工程，“合同”可能包括学院的征集文件，包括任何附录、一般和特殊和/或补充条件或其他管理工作的条件、征集文件的接受部分、履约和付款保证书(如果需要)、保险证书、计划、技术规范、经批准的施工图、施工变更指令或对工程进行轻微变更的书面指令、中标通知书、开工通知书和任何合同修订，包括批准的变更订单。
“Contract Price”(i)学院在合同项下将或可能承担的最高金钱义务，包括奖金、激励措施、批准的替代方案和意外金额，if the Contractor fully performs under the Contract.
- “Contract Review Authority”指ORS 279A.060中规定的学院本地合同审查委员会。
“Contract Value”-在确定社区学院采购规则中竞争性采购的美元门槛要求的适用性时，“合同价值”指由学院采购或为学院采购的商品和/或服务的总金额，并应考虑但不限于以下要素:(1)合同价格;(二)预计产生收入的合同，预计产生的总额;(3)经济价值;(4)学院需要向美国国税局报告的预计支出总额(例如，1099)。
“Contractor”指学院与之签订合同的人，即“独立承包商”的同义词(即，为学院提供服务的人或企业，学院既不控制也无权控制其工作的方式或方式)。学院可以控制服务的结果，但不控制承包商完成工作的方法或方式。
“Cost”means not only the product price but also other items of expense such as the actual or reasonably estimated costs related to quality or conversion, and may include such actual or estimated items as shipping, delivery, setup, installation, and training.
“Descriptive Literature”指随要约提交的针对要约中包含的商品和服务的“书面”信息。
“Disadvantaged Business Enterprise (DBE)”means a small business concern pursuant to ORS 200.005(1), which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any corporation, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
“合同生效日期”means the date established in the Contract for the Contractor’s work to begin, or the date the Contract has been fully executed and received all required approvals, whichever date is later.
“Electronic Advertisement”means notice of the College’s request for Offers or Request for Quotes, available over the Internet via (a) The World Wide Web or some other Internet protocol; or (b) the College’s electronic procurement system.
“Electronic Offer”means a response to the College’s request for Offers or Request for Quotes submitted to the College via email or through the College’s Electronic Procurement System.
“Electronic Procurement System”means an information system that Persons may access through the Internet, using the World Wide Web or some other Internet protocol, or that Persons may otherwise remotely access using a computer, that enables Persons to send Electronic Offers and the College to post Electronic Advertisements, receive Electronic Offers, and conduct other activities related to a procurement.
“Emergency”means circumstances that were not reasonably foreseen by the governing body of the College, its President or another officer authorized by the College, and create a substantial risk of loss, damage or interruption of services; a substantial threat to property, public health, welfare or safety of the environment that requires prompt execution of a Contract to remedy the condition or deal with the risk.
“Enterprise Funds”指为向学院客户提供产品或服务而用于盈利和/或自我维持的资金。辅助基金或企业基金运作的例子包括:书店;食品服务;打印服务;医疗/牙科/科学商店;学生汽车和机械商店;以及各种学生商店转售的书籍和用于教学的电脑。
“Evidence of Competition”means College documentation demonstrating competitive solicitation of responses/Offers from Person(s) in selecting a Contractor in accordance with the College’s public contracting rules.
- “Facsimile”means electronic equipment that communicates and reproduces both printed and handwritten material.
“Gift”means something of economic value given to a public official or a relative or member of the household of the public official without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives or members of the household of public officials on the same terms and conditions; or for valuable consideration less than that required from others who are not public officials.
- “Goods and Services”or “Goods or Services” have the meaning set forth in ORS 279A.010(1)(j).
“Interstate Agreement”means any agreement between the College and a unit of local government or state agency of another state.
“Invitation to Bid” (ITB)means the Solicitation Document issued to invite Offers from prospective Contractors pursuant to either ORS 279B.055 or 279C.335.
“Life Cycle Costing”means the total cost of ownership, including the total cost of acquiring, operating, maintaining, supporting, and if applicable, disposal.
“Local Contract Review Board” (LCRB)means the LCRB and/or Board of Education as established by Board resolution or ordinance by each respective College adopting these Community College Rules of Procurement, to serve as its public contract review authority.
“Lowest Responsible Bidder”如ORS 279A.010(1)(r)所定义，指:(a)报价实质上符合招标书中规定的要求和标准，并符合所有规定的公共采购程序和要求的最低投标人;或(b)当招标书规定或授权向负责的投标人授予多个合同时，指其投标实质上符合招标书中规定的要求和标准以及所有规定的公共采购程序和要求，并有资格根据招标书的条款授予公共合同的投标人。(口服补液盐055 (10);并且符合ORS 279B.110(2)或279C中规定的责任标准。375，未根据ORS 279B被学院取消入学资格。130或279 c。440，如果广告合同是公共改进合同，则不在俄勒冈建筑承包商委员会根据ORS 701.227创建的名单上。根据招标文件的要求，“最低责任投标人”也可能指在少数民族、妇女和新兴小企业倡导者的确定中，采取了一项政策和实践，积极推动少数民族和妇女所有的企业参与该投标人根据ORS 200.025和200.045提交的所有公共和私人投标。或由残疾老兵拥有或控制或雇佣残疾老兵的商业企业，如ORS 408.225中的定义。
“Model Rules”means the State of Oregon’s Attorney General’s model rules of procedure for Public Contracting, which are set forth in OAR Chapter 137, divisions 46, 47, 48, and 49, and required under ORS 279A.065.
“ORPIN” System: The on-line electronic Oregon Procurement Information Network (ORPIN) administered through the State Procurement Office of the Procurement, Fleet and Surplus Services Division of the Oregon Department of Administrative Services.
- “ORS”means Oregon Revised Statutes.
- “Offer”means a “Written” offer to provide Goods or Services in response to a Solicitation Document.
- “Offeror”means a Person, who submits an Offer.
- “Opening”means the date, time and place specified in the Solicitation Document for the public opening of Offers.
- “PCC”指ORS 279A.010(1)(bb)中定义的公共合同规范。
“Person”means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
“Personal Property”means everything subject to ownership, which is not real property and has exchangeable value; includes all chattels and movables, such as boats and vessels, merchandise and stock in trade, furniture and personal effects, goods, livestock, vehicles, farming implements, movable machinery, movable tools and movable equipment pursuant to ORS 020.
“Personal Services Competitive Solicitation”means a documented process providing an equal and open opportunity to qualified parties, which culminates in a selection based on criteria that include, but are not limited to, the Contractor’s availability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance and fees or costs.
“Personal Services Contract”or“Contract for Personal Services”指的是一份或一类个人服务合同的成员，而不是ORS 279C中定义的建筑师、工程师、摄影测量师、交通规划师、土地测量师或相关服务提供商的服务合同。根据ORS 279A的规定，学院本地合同审查委员会将100份合同指定为个人服务合同。，其主要目的是在应用技术或科学专长，或行使专业、艺术或管理的自由裁量权或判断方面获得专门技能、知识和资源，包括但不限于:会计服务合同;医生、牙医或律师;教育家;信息技术专业、旅游、银行、投资、收藏或其他顾问;播音员或艺术家(包括摄影师、电影制作人、画家、织布匠或雕塑家)。“个人服务”的定义也在ORS 279C中。100，这个定义只适用于ORS 279C。100 - 279 c。125用于建筑、工程、摄影测量、交通规划、土地测量服务或相关服务。建筑、工程、摄影测量制图、交通规划和或土地测量服务及相关服务合同被指定为特殊类别的个人服务合同，定义见ORS 279C.100(5)。 (See also Personal Services Contracting Rules section within these Community College Rules of Procurement for an expanded definition.)
“Personal Services Contractor”means an Independent Contractor that performs a Contract for Personal Service(s) for the College, when the College has no right to and does not control the means and manner of performing the contract, except as to the delivery schedule, determining compliance with the Statement of Work, and accepting or rejecting the deliverables or results required under the Contract.
“Prequalification of Offeror”means a process followed by the College, in advance of issuance of Solicitation Documents, to determine the qualifications of prospective Offerors to perform Public Contracts.
“Product Sample”指要约中提供的货物的确切数量或货物的代表部分，或招标文件中要求作为样品的货物。
“Proposal”means a “Written” response to a Request for Proposals.
“Public Contract”means a sale or other disposal, or a purchase, lease, rental or other acquisition, by the College of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public (ORS 279A.010(1)(z)).
“Public Notice”means a public notice of Solicitation Document that is published electronically or at least once in at least one newspaper of general circulation in the area where the Contract is to be performed, in at least one trade newspaper of statewide circulation if the Solicitation Document is for a public improvement and the Contract has an estimated cost in excess of $125,000, and in as many additional issues and publications as the College determines is likely to be cost effective.
“RecycledMaterials”means recycled paper (as defined in ORS 010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh), and other recycled plastic resin products and recycled products (as defined in ORS 279A.010(1)(ii).
“Request for Proposals”or “RFP”means all documents used for soliciting Proposals in accordance with either ORS 279B.060 or 279C.110, where proposal evaluation and contract award is based on criteria such as proposer qualifications and experience, product features and characteristics, service quality and efficiency, and conformance with the specifications and requirements of the Solicitation Document. Price may be evaluation criterion for an RFP, but will not necessarily be the predominant basis for contract award.
“Request for Qualifications”means a Written document issued by the College, to which Contractors respond in Writing by describing their experience with and qualifications for the Services, Personal Services , or Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land Surveying Services, or Related Services, described in the document.
- “Request for Quotations”means a Written or oral request for prices, rates or other conditions under which a potential

Contractor would provide Goods or perform Services, Personal Services or Public Improvements described in the request.

“RequirementsContract”means a price agreement that constitutes a firm Offer by the Contractor, regardless of whether any order or purchase has been made or any performance has been tendered under the price agreement and is enforceable for the period stated in the price agreement and is not revocable by the Contractor. A price agreement does not constitute an exclusive dealing commitment on the part of the College or the Contractor unless the price agreement expressly so provides. (ORS 279B.140)
“Responsible”是指符合OAR 137-047-0640或137-049-0390(2)规定的标准，并且没有被学院根据OAR 137-047-0575或137-049-0370取消资格。
“ResponsibleOfferor”(also, “Responsible Bidder”or“Responsible Proposer,”as applicable), means a Person that has submitted an Offer and meets the standards set forth in OAR 137-047-0640 or 137-049-0390(2), and that has not been debarred or disqualified by the College under OAR 137-047-0575 or 137-049-0370. When used alone, “Responsible”means meeting the aforementioned
“Responsive Offer”means, as the context requires, aResponsive BidorResponsive Proposal,or other Offer that substantially complies in all material respects with applicable solicitation requirements. When used alone, “Responsive”means having the characteristic of substantially complying in all material respects with applicable solicitation requirements.
“Service Contract”means a Contract that calls primarily for a Contractor’s time and effort rather than for an end product
“Signature”means any “Written” mark, word or symbol that is made or adopted by a Person with the intent to be bound and that is attached to or logically associated with a “Written” document to which the Person intends to be bound.
Signed”means, as the context requires, that a “Written” document contains a Signature or that the act of making a Signature has occurred.
“Solicitation”means: (a) a request by the College for the purpose of soliciting Offers. This request may take the form of an Invitation to Bid, a Request for Proposal, a Request for Quotation, a Request for Qualifications or a similar document; or (b) the process of notifying prospective Offerors that the College requests such Offers; or the Solicitation Document itself.
“Solicitation Document”means an Invitation to Bid, Request for Proposals, Request for Quotations, or other similar document issued to invite Offers from prospective Contractors pursuant to ORS Chapter 279B or 279C. The following are not Solicitation Documents if they do not invite Offers from prospective Contractors: a Request for Qualifications, a prequalification of bidders, or a request for product prequalification.
“Special Procurement”means, unless the context requires otherwise, a Class Special Procurement, a Contract-Specific Special Procurement or both (ORS 279B.085). A “Class Special Procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified class of goods or services (ORS 085(1)(a)). “Contract-Specific Special Procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single contract or a number of related contracts for the acquisition of specified goods or services on a one-time basis or for a single project (ORS 279B.085(1)(b)).
“Specification”means any description of the physical or functional characteristics, or of the nature of a supply, service or construction item, including any requirement for inspecting, testing or preparing a supply, service or construction item for delivery and the quantities or qualities of materials to be furnished under a Contract. Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed. Specifications may be incorporated by reference and/or through attachment to the Contract.
“Standard Fee Contract”means a contract awarded for service to be performed for a standard fee, when the standard fee is established by the College, and a like Contract is available to all qualified applicants.
“Statement of Work”means a “Written” statement that specifically describes the phases of Work or services, major tasks, or areas of responsibility the Contractor is to perform at a particular site, or within a particular locale during a stated period of time, according to a schedule of delivery. The statement must identify specific objectives that the Contractor is to attain or describe, in detail, and the deliverables that the Contractor is to provide.
- Telecommunications”means 1-way and 2-way transmission of information over a distance by means of electromagnetic systems, electro-optical systems, or both.
“Work”means the furnishing of all materials, equipment, labor and incidentals necessary to successfully complete any individual item in a Contract or the entire Contract, and successful completion of all duties and obligations imposed by the Contract.
“Writing”means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing,” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.
- “Written”means existing in Writing.

SECTION 200 - PUBLIC CONTRACT SPECIAL PROCUREMENTS General Contract Special Procurements

Advertising CCR.202

The College may purchase advertising regardless of dollar amount without competitive bidding. Where it is determined to be cost effective, the College may publish its public notices electronically, via the college’s or other public entity’s electronic procurement system or World Wide Web site instead of, or in addition to, a newspaper of general circulation unless otherwise required by law.

Findings of Fact

By their nature, media sources are generally unique. Advertisements are placed in a particular source because of the specific audience that source serves.
Competition to furnish advertising space in daily newspapers of general, trade, or business circulation in the vicinity of the College is limited.
Cost savings are difficult to quantify where the sources are unique and not interchangeable. Where the volume of purchases warrants, the College may enter into advertising contracts in accordance with ORS 279B.065 and ORS 279B.070 whenever possible to maximize savings achieved through economies of scale.
Public notices may be advertised electronically and/or in a newspaper of general circulation in an effort to increase exposure and generate more widespread competition, except for public improvement contracts with an estimated cost in excess of $125,000, which must be published in at least one trade newspaper of general statewide circulation (ORS 279C.360). Cost savings for increased competition are difficult to quantify, but the cost to the College for advertising may be significantly reduced where electronic advertising methods are utilized.

Conclusion of Compliance with Law

It is unlikely that this Special Procurement will result in favoritism in the awarding of public contracts or substantially diminish competition since all vendors, including Oregon businesses, are able to compete (ORS 279B.085(4)(a)), and it will enable the College to promote the public interest (ORS 279B.085(4)(b)(B)), by expediting its procurement processes while maximizing its circulation efforts and notice of bidding opportunities without compromising integrity for cost.

This rule satisfies the requirements of Oregon Revised Statute 279B.055(4)(c), wherein a Local Contract Review Board may, by rule or order, authorize public notice of bids or proposals to be published electronically instead of in a newspaper of general circulation if it is likely to be cost-effective.

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Bid Security and Bond Requirements, Waiver of CCR.204

Pursuant to ORS 279C.390, the College may, at its discretion, exempt certain contracts or classes of contracts from all or a portion of the requirement for bid security and from all or a portion of the requirement that good and sufficient bonds be furnished to ensure performance of the contract and payment of obligations incurred in the performance.

The College may waive bid security requirements and/or performance/payment bond requirements pursuant to ORS 279C.390 and this rule under the following conditions:

If the contract is for a public improvement or a public work and the amount of the contract does not exceed $75,000 or another threshold as indicated by rule amendment in Section 300, and the contractor has filed a public works bond with the State of Oregon Construction Contractors Board;

If the contract is not for a public improvement; or if the contract is for a public improvement that resulted from an alternative contracting method and the contract is only for pre-construction services;

Where bidders are drawn exclusively from a list of certified Emerging Small Businesses maintained by the Advocate for

Minority, Women and Emerging Small Business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225, and the College has been provided funds by the legislature for the purpose of assisting Emerging Small Businesses;

In cases of emergency, or when the interest or property of the College or the public agency or agencies for whose benefit the contract was awarded probably would suffer material injury by delay or other cause and a declaration of such emergency has been made in accordance with rules adopted under ORS 279A.065.

学院不得使用投标或提案担保来阻碍竞争。The Offeror shall forfeit Bid or Proposal security after award of the contract if the Offeror fails to execute the contract and promptly return it with any required Performance Bond and Payment Bond.

Conclusion of Compliance with Law

It is unlikely that this Special Procurement will result in favoritism in the awarding of public contracts or substantially diminish competition since all vendors, including Oregon businesses, are able to compete, it is reasonably expected to result in substantial cost savings to the College or to the public (ORS 279B.085(4)(b)(A)), and it will enable the College to otherwise substantially promote the public interest (ORS 279B.085(4)(b)(B), by reducing costs of bidding and maximizing participation from Emerging Small Businesses.

This rule satisfies the requirements of ORS 279C.390 wherein a Local Contract Review Board may exempt certain contracts or classes of contracts from all or a portion of the requirement for bid security and from all or a portion of the requirement that good and sufficient bonds be furnished to ensure performance of the contract and payment of obligations incurred in the performance. Consequently, findings otherwise required by law are unnecessary here.

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Cooperative Procurement Participation CCR.205

Examples of cooperative procurement participation may include, but not be limited to: Oregon Cooperative Purchasing Program (ORCPP), Organization for Educational Technology and Curriculum (OETC), Participating Oregon Community Colleges (POCC), National IPA, E&I Coop, NASPO, and US Communities Government Purchasing Alliance.

依据ORS 279A。205年,279年。210年,279年。215年和279年。220, contracting agencies may participate in a joint, permissive, or interstate cooperative procurement and/or subsequent contract award resulting from any solicitation which has been accomplished in compliance with ORS, as if said agencies had generated the solicitation and made the award on their own behalf.

Comment

In general, the results of any solicitation, formal or informal, which has taken place under the requirements of ORS and has resulted in an award, and is current (i.e., not closed, terminated, in abeyance or in default), may be utilized by the College pursuant to ORS 279A.205, 279A.210, 279A.215, and 279A.220. Prior to the College engaging in a cooperative procurement, due diligence must be performed, best practices employed, and factors in the buying decision considered. Examples of these factors include: in-state preferences, legislatively-mandated or LCRB-approved socioeconomic programs that overlay public contracting and accompany the expenditure of public funds; sustainability objectives; administrative resources and capacity; contracting efficiencies; time constraints; member participation costs; and ability to leverage economies of scale.

Conclusion of Compliance with Law

合作采购参与并不是法律对竞争性采购要求的豁免;因此，学院决定不要求有事实依据。根据这一过程授予的合同应“为学院提供代表最佳价值的有效结果，并在最大程度上可行，与市场实践相一致”(ORS 279B.010(1))。因此，法律所要求的其他发现在这里是不必要的。

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Donated Materials and/or Services CCR.206

The College may authorize a Person to perform services and/or provide materials regardless of dollar amount, if:

The Person has agreed to donate all, or a portion of, the materials and/or services necessary to perform the work; and
The Person enters into a license or agreement with the College whereby the Person agrees to comply with the public contract requirements applicable to the particular project and any requirements that the College deems necessary or beneficial in order to protect the College.

Findings of Fact

Students, staff, contractors, and other community groups from time to time offer to donate all or a portion of their professional skilled services and/or materials, to help the College meet its facilities’ and/or educational needs. The ability to take advantage of such donated materials and/or services enables the College to use its limited funds in other areas, and frequently results in improvements or services that the College would not otherwise be able to afford. This class special procurement thus has budgetary, operational, and public benefits.
This class special procurement enables the College to take advantage of these offers, while continuing to ensure that the requirements of the Public Contracting Code continue to be met.

Conclusion of Compliance with Law

It is unlikely that this class special procurement will encourage favoritism in the award of College Contracts or substantially diminish competition for College Contracts, because it will only apply when a Person donates all or part of the materials and/or services. In many instances, the donations are outside of the competitive market for goods and/or services. In many instances, the donations will enable the College to construct or complete projects that it otherwise would not be able to afford to do, and thus will not displace what would otherwise be a competitively solicited project. This class special procurement also substantially promotes the public interest because award of contracts pursuant to the procurement procedures in ORS Chapter 279B is not practicable in the case of donated goods and/or services.

The use of this class special procurement will result in substantial cost savings to the College, because the College is not required to pay for the goods and/or services if they are donated.

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Emergency Contracts (Including Oil or Hazardous Material Removal) CCR.207

根据本规则的要求，如果出现紧急情况，学院可以自行决定，在没有竞争性招标的情况下签订公共合同，紧急情况是指无法合理预见的情况，造成损失、损害、服务中断或威胁公共卫生、福利或安全，并要求立即执行合同以补救该条件(ORS 279A.010(1)(f))。
Regardless of the dollar value of the contract, when entering into an emergency contract the College shall:

(a) Make a written declaration of emergency, including findings describing the emergency circumstances that require the prompt performance of the contract, stating the anticipated harm from failure to establish the contract on an expedited basis; and

(b) Encourage competition to the extent reasonable under the circumstances; and

(c) Record the measures taken under subsection (b) of this section to encourage competition, the amounts of the bids, quotes or proposals obtained, and the reason for selecting the contractor.

Pursuant to ORS 279B.080, if an emergency exists as defined in subsection (1) of this rule, the Board of Education, its President, or another officer authorized by the College shall declare the existence of the emergency as required by subsection (2) of this rule, which shall authorize the College to enter into an emergency contract.
The written declaration of an Emergency and resulting contract are solely entered into at the discretion of the College’s President or authorized officer.
If the total award exceeds the threshold for formal public bidding, the Board shall be notified at its next available public meeting and provided with an opportunity to discuss the emergency, the award, and ratification thereof.
Oil or Hazardous Material Removal: The College may enter into public contracts without competitive bidding, regardless of dollar amount, when ordered to clean up oil or hazardous waste pursuant to the authority granted the Department of Environmental Quality (DEQ), under ORS 466.605 through 466.680 and such DEQ order necessitates the prompt establishment and performance of the contract in order to comply with the statutes regarding spill or release of oil or hazardous material that has created an emergency In exercising its authority under this exemption:

(a) The College shall:

To the extent reasonable under the circumstances, encourage competition by attempting to make informal solicitations or to obtain informal quotes from potential suppliers of goods or services;
书面说明需要清理的情况或要求进行此类清理的DEQ命令的副本;
Record the measures taken under subsection (a) of this section to encourage competition, the amount of the quotes or proposals obtained, if any, and the reason for selecting the contractor selected.

(b) The College shall not contract pursuant to this exemption in the absence of an order from the Department of Environmental

Quality to clean up a site with a time limitation that would not permit hiring a contractor under the usual competitive bidding procedures.

Findings of Fact

Under ORS 279B.080, public contracts may be exempted from the requirements of ORS 279B.050 if emergency conditions exist, which require prompt execution of the contract, subject to the additional requirements of ORS 279B.080.

ORS 279B.080 allows the Local Contract Review Board to adopt rules to allow the head of the contracting agency or a designated person to declare that an emergency exists and to establish procedures for determining when emergency conditions are present. Subsections (2)(a), (2)(b), and (2)(c) of this rule accomplish this.

When DEQ orders a public agency to remove or clean up hazardous material or oil, the public agency must respond within a very short time, which is stated in the DEQ order. This time period does not generally allow the agency to take the time necessary to solicit written bids or proposals for the work to be performed. The College would be liable for any delay in responding to DEQ orders to perform hazardous material removal or clean up.

This exemption, as it pertains to subsection (6), will not be used in those situations where there is no DEQ order to remedy the situation. Routine competitive procurement methods will be used where there is no DEQ order to act immediately. The college maintains open lists of vendors, who are interested in providing hazardous materials removal and clean up services. Whenever it needs hazardous material removal or disposal, the College makes use of these lists to solicit quotes, bids, or proposals as needed, in addition to advertising the procurement as required.

Cost savings are achieved through this exemption, because the college can be liable for DEQ penalties and fines, if it does not timely remove hazardous materials or oil as ordered. Serious risk in these situations could result in property damage or personal injury, if the College is slow to act.

Conclusion of Compliance with Law

Procurements made by the College in compliance with this exemption meet the requirements of emergency public contracts pursuant to: ORS 279B.050; 279B.080, and 279C.335.

这一豁免不太可能按照ORS 279C.335(2)(a)的要求，鼓励在授予公共合同时的偏袒，或大幅减少此类合同的竞争。如果学院根据DEQ的命令立即采取行动，学院仍将努力为所开展的工作获得有竞争力的报价，因为它有能力和时间这样做。除非学院面临DEQ命令清除或清理危险废物或油的准紧急情况，否则学院将遵循正常的竞争性程序获得这些服务。根据ORS 279C.335(2)(b)的要求，在这种情况下，根据这一豁免授予公共合同可能会为学院节省大量的成本，因为学院必须遵守法律，避免和最大限度地减少对人身和财产的风险。在可能的情况下，学院将为所进行的工作寻求有竞争力的报价，并将合同授予最低、反应灵敏和负责任的提议者。

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Equipment Repair & Overhaul (Including Maintenance Agreements) CCR.208

The College may enter into a public contract for equipment repair, maintenance agreements, or overhaul of equipment without competitive bidding, subject to the following conditions:

(a) Service and/or parts required are unknown, and the cost cannot be determined without extensive preliminary dismantling or testing; and/or

(b) Service and/or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source;

(c) Maintenance agreements must be procured from the provider of the equipment and/or software being maintained in order to be valid, preserve warranties, provide the best possible service, or conform to other similar agreements being provided by the same provider for maximizing economy and/or servicing functions;

(d) The College shall conduct its procurement for equipment repair, maintenance agreements, or overhaul of equipment pursuant to methods and parameters established in (2) of this rule.

The following limitations shall apply:

(a) At the discretion of the College, if it is practical to competitively procure equipment repair, maintenance agreements, or overhaul of equipment using quotations or other forms of Solicitation Documents then these competitive processes shall be utilized. If not, the file should be documented with the reasons for invoking this exemption from competitive procurement, specifically supporting the impracticality of a competitive procurement.

(b) If the contract exceeds or is anticipated to exceed the thresholds for Small or Intermediate Procurements as these thresholds are defined in Section 300, the College shall document in its procurement file the reasons why a competitive procurement process was deemed impractical, and the College may directly enter into the contract.

Findings of Fact

The need for equipment repair or overhaul of equipment cannot always be anticipated by College staff. If a piece of equipment is broken or not working properly, the College incurs the cost of down time, possible replacement equipment rental fees, staff time, and other inconveniences or liabilities to its programs.

一般来说，能够对某一特定设备进行维修或大修的供应商数量有限，因为它的制造或制造。复杂的设备可能需要经过专门训练的人员，而这些人员只有一个来源。通常，一件设备会有部分保修，这将保证为学院节省一些零件和/或维修或大修所需的劳动力。只有当设备的原始制造商或供应商进行必要的维修或大修时，才可能实现这种质保节约。

特别采购的使用金额限制确保，当设备修理或检修的成本预计将超过第300节中定义的小型和中级采购的门槛金额时，学院将通过竞争采购，或者如果这是不实际的或不具有成本效益的，则宣布紧急情况，或从学院总统或总统指定的人那里获得特定豁免。通知LCRB进行所需的维修或大修。

Conclusion of Compliance with Law

这种特别采购不太可能在授予公共合同时鼓励偏袒，或大幅减少竞争，而且有理由预计会为学院节省ORS 279B.085(4)所要求的此类合同的大量成本，因为豁免采购(即特别采购)的美元金额在没有LCRB和/或学院校长或总统指定人员的额外通知和/或批准的情况下，不得超过第300条中关于中间采购的阈值。在可行的情况下，学院将竞争性地采购设备维修、维护协议和设备大修;如不可行，本署会提供书面的理据，作为合约的公开纪录的一部分。

按照ORS 279B.085(4)(b)(a)的要求，根据这一豁免授予公共合同可以合理地预期为学院节省成本，因为从设备损坏或无法使用开始，学院会产生直接和间接的成本。本次特别采购仅适用于学院已经拥有的设备。在设备维修合同、维护协议和设备大修合同中，时间是至关重要的。学院必须能够尽快购买必要的服务和部件，以尽可能减少设备故障时间，并提供不间断的服务水平，以支持学院的教育举措。

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Federal Contracts, Purchases under CCR.210

当商品和服务的价格已根据联邦合同规定由与联邦政府签订的合同确定时，学院可以根据联邦合同购买商品和服务。In exercising this authority under this class special procurement, the College must:

Include in the contract file a memorandum confirming the federal official who granted permission to the College to purchase under the federal contract; and
Include documentation in the contract file showing the cost savings to be gained from anticipated purchases from the federal contract.

Findings of Fact

Federal contracts for goods and/or services are established by federal agencies with private vendors through competitive processes, which meet the standards of the Public Contracting Code. These processes include open competitive bidding, to which all interested vendors are invited to participate. No Oregon company is excluded from, or disadvantaged in, participation in bidding on federal contracts. Thus the class special procurement has the public benefit of supporting a competitive selection process, while providing the operational and budgetary benefits to the College by avoiding the cost and delay of replicating the solicitation process.

联邦合同下的商品和服务的价格或费率是基于竞争性投标或提议。这条规定要求学院记录联邦合同中预期的采购所节省的成本。文件可能包括从其他来源(包括俄勒冈当地企业)获得的以前投标价格的竞争性比较。

该规则要求学院必须获得联邦机构和联邦供应商的许可才能使用联邦合同。

Conclusionsof Compliance with the Law:

这类特殊采购不会鼓励偏袒或大大减少在授予学院合同的竞争。所有的供应商，包括俄勒冈州的企业，都能够竞争最初的联邦合同。此外，学院将不会使用联邦合同，没有代理机构和供应商的许可。

This special procurement will result in substantial cost savings to the College. Federal contracts are based on competitive bidding, which result in the most advantageous price to the federal agency. Before it makes a purchase from a federal contract, the College will document the cost savings it will achieve by using the contract. These two facts will ensure that the College purchases the desired goods or services at the best price available. Further, by being able to take advantage of a competitive federal procurement, the College saves the cost of needlessly duplicating the solicitation process.

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Intellectual Property (Periodicals, Library Books, Proprietary Software Licenses, Art, and Other CCR.212

Products of the Creative Process)

If the contract is for the purchase of Intellectual Property, which shall include, but not be limited to, Periodicals, Library Books, Subscription Services, Proprietary Software Licenses, Art, and Other Products of the Creative Process, the College may contract for the purchase of the product(s) without competitive procurement, regardless of dollar amount when the product(s) are protected under copyright law or there is only one known supplier (e.g., manufacturer, copyright holder), available for such products.

Examples of copyrighted materials typically covered by this Special Procurement include, but are not limited to: magazines and other periodicals; textbooks; workbooks; curriculum kits; reference materials; audio tapes; video tapes; calculators such as those used for aircraft navigation; and most software and products of the visual, aural and written arts. It should be noted that if there is more than one supplier of copyrighted materials (especially software), and the product(s) are not being purchased directly from the writer, manufacturer or other original source, every attempt should be made to establish a competitive selection process in order to achieve the greatest economy.

Findings of Fact

By design, Intellectual Property is protected for the use of a single owner. Copyrighted products may not be duplicated by others without the express permission or license of the copyright holder.

Instructional initiatives define the various materials, which the college will purchase for use in its educational programs, and it is not uncommon for Intellectual Property to be produced by only one supplier (i.e., sole source), who may be the copyright holder or licensee.

Conclusion of Compliance with Law

这一规则不会鼓励在授予公共合同方面的偏袒或大大减少竞争。知识产权的制作和发行由版权所有人控制，只能通过唯一的来源获得许可。在存在竞争的情况下，该规则提供了补充《公共合同法典》的额外考虑参数。它的目的不在于削弱学院考虑其他因素的能力或限制公平和公开的竞争达到最佳价值。俄勒冈州的政策是，公共承包活动应提供有效的结果，代表最优价值的承包机构，并在最大程度上可行，与市场实践相一致(ORS 279B.010(1))。

Additionally, pursuant to ORS 279A.025(2)(h), the Public Contracting Code does not apply to contracts for the procurement or distribution of textbooks; consequently, findings otherwise required by law are unnecessary when the procurement or distribution of Intellectual Property is specifically for textbooks—a subcategory of Intellectual Property.

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Life Cycle Costing/Best Value CCR.216

In determining the lowest bid or best proposal, in the award of a contract, the College may use the concept of life cycle costing if it complies with section (2) of this rule:
(a) At the time of writing specifications for the product, the College shall identify those factors which will have cost implications over the life of the product, and which, for evaluation purposes, will be used to adjust the bid or proposal price of the product;

(b) The solicitation document shall set out clearly the factors and methodology to be used in life cycle cost adjustments; and

(c) The results of life cycle costing adjustments shall be applied to the bid or proposal price of the product(s) offered, and the bid or proposal that results in the lowest overall ownership cost or “best value” as it is determined by ORS 279A.015(5), taking into account the life cycle costing adjustments, and other aspects of service and product quality, as well as pricing.

Conclusion of Compliance with Law

该规则提供了补充《公共合同法典》的额外考虑参数，同时支持公正和公开的竞争。这并不是要削弱学院在达到最佳价值时考虑其他因素的能力。因此，它不是一个豁免或特别采购的竞争招标的法律要求。俄勒冈州的政策是，公共承包活动应提供有效的结果，代表最优价值的承包机构，并在最大程度上可行，与市场实践相一致(ORS 279B.010(1))。因此，法律所要求的其他发现在这里是不必要的。

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Perishables (Chemicals, Food, Laboratory Supplies) CCR.218

Competitive procurement need not be used for the procurement of perishables under this Special Procurement provided that the perishability and commensurate quality is of greater importance than the cost to the College.

Comment

如果寿命不是问题，而且存在多个来源，则应采用标准采购做法。

Findings of Fact

This rule permits such items as foodstuffs and scientific supplies, which have definitive shelf lives, and associated attributes such as quality and longevity, to be purchased without strict competitive processes based upon price. Shelf life and the associated attributes may be the determining factors.

The rule enables the buyer to decide on a source based upon time since manufactured, remaining shelf life, and interim quality, since various states of decay can affect the product.

Conclusion of Compliance with Law

It is unlikely that this Special Procurement will result in favoritism in the awarding of public contracts or substantially diminish competition, since all vendors, including Oregon businesses, are able to compete, it is reasonably expected to result in substantial cost savings to the College (ORS 279B.085(4)(b)(A)), and it will enable the College to otherwise substantially promote the public interest (ORS 279B.085(4)(b)(B)), through expediting its procurement processes without compromising integrity for cost.

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Personal Property, Used (Purchase of) CCR.220

Competitive procurement need not be used for the procurement of Used Personal Property if the College has determined that the purchase will result in cost savings and will not diminish competition or encourage favoritism.

For purchases of used personal property or equipment costing $25,000 or more, or an amount otherwise indicated in Section 300, the College shall, where feasible, obtain three competitive quotations, unless such comparisons are highly impractical to obtain. Procurement files pertaining to Used Personal Property shall contain documentation of price comparisons and attempts to secure competitive pricing as much as is practical.

When the value of any such purchase exceeds the threshold for Intermediate Procurements as that threshold is defined herein, Section 300, Supplementary Provisions of the Community College Rules of Procurement, such purchases shall be authorized and/or delegated only by the College President, who shall notify the LCRB of such purchases at the next regularly scheduled meeting of the LCRB.

Comment

使用的个人财产是指在购买时被先前的所有者或用户使用了一段时间的财产，在相关的行业或行业中被认定为“使用”的个人财产或设备。

Used Personal Property generally does not include property or equipment of which the College was the previous or current user, whether under a lease, as part of a demonstration, trial or pilot project, or similar arrangement.

Findings of Fact

对于那些参与拍卖或其他现货销售的人来说，购买二手个人财产的额外自由是必要的，因为出售过程的必要性，使用保守的程序是不切实际的。

Conclusion of Compliance with Law

This rule provides additional parameters for consideration that are complementary to the Public Contracting Code while supporting impartial and open competition as much as is practical. It is the policy of the State of Oregon that public contracting activities should provide effective outcomes that represent optimal value to the contracting agency, and to the greatest extent feasible, be consistent with market practices (ORS 279B.010(1)). Pursuant to ORS 279B.075(1) Used Personal Property may be considered a sole-source procurement, if it is available from only one source; written findings supporting this determination and conclusion shall be made by the College. Findings otherwise required by law to support this Special Procurement are unnecessary here.

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Price Regulated Items (Including Gas, Diesel Fuel, Heating Oil, Lubricants, Asphalts, CCR.222

Distilled Alcohol, Postage, and Certain Utilities)

The College may, without competitive bidding, contract for the direct purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state, or local regulatory authority (ORS 279A.025(2)(g) and ORS 279A.025(2)(j)). Regardless of whether fuel is price regulated, it may be procured viaspot purchases, and such purchases may be combined on a single, written agreement such as an open purchase order between the supplier and the College, in an effort to reduce administrative costs to the College. Spot purchases are defined as one-time purchases occasioned by a small requirement (for example, one vehicle’s tankful of gasoline), where the purchase is taking advantage of availability and the most favorable market conditions.

Comment

If competition exists and it is practical to solicit quotations, bids, or proposals for Price Regulated Items, then these procurement methods should be utilized in an effort to obtain best value.

Conclusion of Compliance with Law

Competition is not generally a relevant issue in the procurement of goods or services where the provider’s rate or price of the goods or services being purchased is established by federal, state, or local regulatory authority, and the goods or services are provided through a sole source. Examples include: Postage, Sewer/Water Service, Garbage Service, Electricity, Etcetera. Since there is virtually no competition available within these price regulated items, and/or the amount of the non-regulated fuel acquisitions arespot purchases而且受市场力量和可获得性的影响，这种豁免不太可能鼓励在授予公共合同时的偏袒，或大大减少公共合同的竞争。因此，法律所要求的其他发现在这里是不必要的。

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RequirementsContracts CCR.226

Requirements contracts, for the purposes of this Rule, mean price agreements, services agreements, and sales that may be established for the purposes of minimizing paper work, achieving continuity of product, securing a source of supply, reducing inventory, combining college requirements for volume discounts, standardization among agencies, and reducing lead time for ordering. The College may enter into requirements contracts whereby it is agreed to purchase supplies and/or services for an anticipated need at a predetermined price provided the contract is let by a competitive procurement process pursuant to the requirements of ORS 279A,B,C and these Rules or is a contract for the procurement of products or services from a qualified nonprofit agency for individuals with disabilities pursuant to ORS 279.850.
学院可以向获得需求合同的承包商购买供应和/或服务，而无需首先进行额外的竞争性招标。
合同期限包括续订，不得超过原招标书规定的最长期限。

Conclusion of Compliance with Law

This rule provides additional parameters for consideration that are complementary to the Public Contracting Code while supporting impartial and open competition as much as is practical. It is the policy of the State of Oregon that public contracting activities should provide effective outcomes that represent optimal value to the contracting agency, and to the greatest extent feasible, be consistent with market practices (ORS 279B.010(1)). Pursuant to ORS 279A.065(5)(a) and ORS 279A.070, a contracting agency may, in the exercise of authority granted under ORS 279A.050, adopt rules necessary to carry out the provisions of the Public Contracting Code; consequently, findings otherwise required by law are unnecessary when the College has determined it is in its best interests to purchase supplies and/or services utilizing a competitively procured requirements contract or price agreement.

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Resale–Items for CCR.228

Competitive procurement processes need not be used for the procurement of product or services being purchased strictly for resale. This Special Procurement applies to products or services that are specifically for resale as opposed to internal use or consumption.

Findings of Fact

College Enterprise, Auxiliary Fund, and/or General Fund operations that compete in the open market need to be able to purchase products or services for resale without undue restrictions.

In order to compete in the open market, these operations must be knowledgeable, proactive, and stay abreast of current trends, consumer wants, tastes and desires, and be able to meet those needs in their offerings. Additionally, fund operators must be free to purchases products or services for resale that the consumers want even if it means having a limiting factor such as brand, functionality, price, or quality.

这些业务必须尽可能高效地运作，以压低自身成本，并以公平的市场价格向公众提供商品或服务。因此，他们将寻找在他们的参数内以最具竞争力的价格和最高质量的商品转售。

在授予合同时，这些操作必须确保适当数量的产品或服务在适当的时间备有或随时可获得、接收或提供。确保产品或服务是可用的，以及适当的新鲜度和质量可能会阻止操作进行及时的竞争性购买。

Conclusion of Compliance with Law

It is unlikely that this exemption will encourage favoritism in the awarding of public contracts or substantially diminish competition, and it is reasonably expected to result in substantial cost savings to the College or to the public (ORS 279B.085(4)). Additionally, this Special Procurement will substantially promote the public interest as required by ORS 279B.085(4)(b)(B), in a manner that could not practically be realized under the requirements of ORS 279B.050, 279B.055, 279B.060, 279B.065, 279B.070 (Methods of Source Selection).

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TelecommunicationsServices CCR.230

In determining the appropriate procurement method for telecommunications services, the College must determine whether competition The College may consider the following factors:

(a) The extent to which alternative providers exist in the relevant geographic and service market. The relevant market will vary with the geographic area and from service category to service category, depending on changes in the regulatory environment and competitive marketplace. Thus, the relevant market will depend on the facts and circumstances of each case. For example, an alternative local access service or private line provider might offer services in Portland, but not in Salem or the rest of the state;

(b) The extent to which alternative services offered are comparable or substitutable in technology, service provided, and performance. (For example, if the College requires digital services, analog services are not comparable or substitutable, or if the College requires fiber optic technology, then copper, microwave, or satellite transmission technology may not be comparable or substitutable);

(c) The extent to which alternative providers can respond to the College’s interests in consistency and continuity of services throughout its service area, volume discounts, equitable service for all users, centralized management, and limiting College liability. For example, to be considered as the College's telephone long distance provider, any long distance service vendor must be able to meet, support, and interface with the College's centralized automated billing requirements. The College must document for the record the findings on these factors or any other factors used in determining whether competition exists. In developing its findings, the College may solicit the information either through informal telephone or written contacts or through a formal request for information.

Upon determining that competition does not exist for the relevant service and geographical area, the College may proceed to secure the service on a sole source basis, as described in these Rules.

Findings of Fact

在某些情况下，由于不可预见的情况、不合理的成本、广泛搜索后仍难以找到供应商，或由于超出合理控制的情况而出现时间限制，采用竞争性采购过程是不现实的、有利的，或符合学院的最佳利益。

All practical measures will be taken to encourage competition when possible.

Conclusion of Compliance with Law

不太可能从竞争性采购过程中获得的豁免会鼓励在授予公共合同时的偏袒或大幅减少竞争，而且合理地预期会为学院或公众节省大量成本(ORS 279B.085(4))，因为这是一个例外，而且是由于可减轻的情况。此外，本次特别采购将以一种通过遵守ORS 279B适用要求而无法实际实现的方式，大幅促进公众利益。055、279 b。060、279 b。065,或279 b。070或根据其通过的任何规则。(统计Auth: ORS 279B。075年和279年b。085，单独采购和特殊采购。)

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PERSONALSERVICES CONTRACTING RULES

Personal Services Contracts CCR.250

General
- A Contract for "Personal Services" is a Public Contract that calls for specialized skills, knowledge, and resources in the application of highly technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment. Qualifications and performance history, expertise, knowledge and creativity, and the ability to exercise sound professional judgment are typically the primary considerations when selecting a Personal Services Contractor, with price being secondary.
  - Contracts for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services, or Related Services are designated as a special class of Personal Services Contracts, defined in ORS 279C.100 (5), and that definition applies only to ORS 279C.100 to 279C.125. Contracts for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services, or Related Services are not subject to the provisions of rule CCR.250 of the Community College Rules of Procurement, but are, instead, subject to the provisions of Division 48 of theOregon Attorney General’s Model Public Contract Rules以及学院采用的社区学院采购规则，但不包括规则CCR.250。

The College may waive the requirement for a competitive selection process and directly negotiate a Personal Services Contract, if the Contract Price is not more than the Minimum Threshold as this threshold is defined in Section 300- Supplementary Regardless of the dollar value of the contract, the College may, at its discretion, enter into a Personal Services Contract without complying with formal or informal solicitation requirements if an Emergency, as defined in CCR. 207 exists.
- 除非有令人信服的理由不这样做，个人服务承包商的竞争性甄选程序应在服务初步完成和接受后不超过五年的时间间隔进行。
- The screening and selection procedures for the award of Personal Services Contracts are governed by ORS 279A.055 and are subject to the competitive procurement provisions of the Personal Services Contracting rules and procedures adopted herein. Every contract for Personal Services shall be based upon these screening and selection procedures developed by the College. Personal Services Contracts are considered "public contracts" as defined in ORS 279A.010.
The College may enter into Personal Services Contracts with an independent contractor when:
- The work to be performed requires specialized skills, knowledge and resources in the application of highly technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment;
- The College will not control the means or manner of the contractor's performance, but must rely on the Contractor's specialized skills, knowledge and expertise to accomplish the work. Note: The College’s reservation of the right to determine and modify the delivery schedule, evaluate the quality of completed performance, and accept or reject the completed performance does not mean that the College will control the means and manner of performance; and
- Selecting a Contractor primarily on the basis of qualifications, rather than price, in accordance with the provisions of the Personal Services Contracting Rules and Procedures adopted herein would most likely meet the College’s needs and result in obtaining satisfactory contract performance and optimal value for the College.
依据ORS 279A。055(2), the College has the authority to designate certain service contracts or classes of service contracts as Personal Services Contracts. Personal Services Contracts may include, but are not limited to, contracts for services performed in a professional capacity such as:
- Contracts for the services of an accountant;
- Contracts for the services of an attorney;
Contracts for the services of a physician or dentist,

Contracts for the services of an information technology consultant,

Contracts for the services of a broadcaster;
- Contracts for services as an artist in the performing or fine arts including, but not limited to, any person identified as a photographer, filmmaker, painter, weaver, or sculptor;
- Contracts for services that are specialized, creative and research-oriented;
- Contracts for services as a consultant;
- Contracts for educational services;
- Contracts for investment services;
- Contracts for travel services;
- Contracts for banking services;
- Contracts for auditing services;
- Contracts for student loan and college receivables;
- Contracts for real estate services (ORS 279A.025(2)(f));
- Contracts for property management;
- Contracts for employee benefit insurance (ORS 279A.025(2)(r));
- Contracts for investments (ORS 279A.025(2)(q)(C));
- Contracts for energy savings performance contracts (ORS 279C.335(1)(f));
- Contracts for agents of record (examples where agents of record may be used are advertising, general insurance, sales of surplus property, workers compensation insurance, etcetera);
- Contracts for speakers, lecturers, and performers;
- Contracts for human custodial care services;
- Contracts for food service management;
- Contracts for telecourse providers;
- Contracts for actuarial services;
- Contracts for web design services;
- Contracts for branding services;
- Contracts for process improvement services;
- Contracts for student retention services; and
- Contract for Title IX, accessibility, sexual harassment compliance review services.

Personal Services Contracts do not include:
- Contracts, even though in a professional capacity, if primarily for equipment, supplies or materials, e.g., a contract to supply all hardware and standard software is not a Personal Services Contract, but a contract with a technology consultant to design or develop a new computer system is a Personal Services Contract;
- Contracts with a temporary service or personnel agency to supply labor, which is of a type that can generally be done by any skilled worker (e.g., janitorial, security guard, crop spraying, laundry, and landscape maintenance service contracts)
- 与贸易有关的活动的服务合同，即使从事该活动需要特定的许可证。例如所有类型的设备或结构的维修和/或维护。

Screening and Selection Procedures and Assistance

These rules set forth procedures for the College to follow when entering into Personal Services Contracts.

The policy of the College is to select Contractors based on demonstrated qualifications and competence to perform the required services, encourage competition, discourage favoritism and obtain services at a fair and reasonable price. The purpose of this rule is to specify the College’s policies and procedures for screening and selection of Contractors to perform Personal Services.
The College shall comply with the procedures set out in these rules for screening and selecting Contractors to perform

Personal Services Contracts.

The College shall provide Evidence of Competition for all Public Contracts where competition exists or justify entering into contracts by direct negotiation if an exemption from the screening and selection process is utilized. While qualifications are the primary criteria, whenever the College determines that the services offered by two or more individuals or firms are equally able to meet the College’s needs and are of equal value, the College shall award the contract to the individual or firm offering the service at the lowest price.
The College may procure Personal Services from Contractors who are under contract with another governmental entity pursuant to a Cooperative Agreement as permitted and subject to ORS 279A.200 to 279A.225, if such action is Expressly permitted under the original contract and if the administering agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055, 279B.060 or uses a competitive bidding process substantially equivalent to the competitive bidding process in ORS chapter 279C.

Conclusion of Compliance with Law

The requirements of this rule ensure that competition will be carefully addressed and protected, if the College finds it is in the public’s best interest to competitively procure Personal Services. This rule satisfies the requirements of Oregon Revised Statute ORS 279A.055 wherein the College may enter into Personal Services contracts, subsequent to the Local Contract Review Board’s designation of certain service contracts or classes of service contracts as personal services contracts. Consequently, findings otherwise required under ORS 279B.030 are unnecessary here.

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Solicitation Requirements CCR.260

General

(1) All formal solicitations must satisfy the requirements of this rule. Request for Proposals and Request for Qualifications must be in writing and must be advertised in accordance with the following procedures:

All advertisements for a formal solicitation shall be placed in at least one publication of general circulation and in as many additional issues and publications as may be necessary or desirable to achieve adequate competition. At the option of the College, the College may publish its public notices electronically instead of, or in addition to, a publication of general circulation. The advertisement(s) for a formal solicitation shall be first published and appear at least once, no fewer than fourteen (14) calendar days before close of the solicitation, unless the governing body of the College, its President, or another officer authorized by the College declares in writing that a shorter period is deemed necessary in the public interest for a particular procurement. Conversely, the College shall broaden and extend public notice if deemed necessary to serve the public’s interest for a particular procurement; and
All advertisement(s) shall describe, at a minimum, a brief summary of the proposed contract, the services sought, where copies of the solicitation may be obtained, and the deadline for submitting a proposal.

(2) The Solicitation Document must provide that the College may, at any time during the solicitation process, reject any or all proposals or cancel the solicitation without liability if it is in the public interest to do so.

(3) Unless compensation is expressly provided for in the Solicitation Document, the Request for Proposals or Request for Qualifications must provide that the College is not responsible for any costs of any Offeror incurred while submitting Offers and that all Offerors who respond to solicitations do so solely at their own expense

(4) The Solicitation Document must:

将可能的征集文件附录通知申请人。如果未能在任何招标中提供此类通知，可能会妨碍将附录纳入任何最终合同，并包括对所有正式招标和选择的抗议程序。

Formal Selection Procedures

当服务的成本被估计或预期等于或超过个人服务合同的中间门槛时，学院应使用正式的选择程序，该门槛在第300条—补充条款中定义。在这些正式程序下，建议书(RFP)或资格要求必须在至少一种普遍流通的出版物上刊登广告，或通过第200条、规则202中指出的电子手段，以及在许多其他问题或电子采购系统和出版物上刊登广告，以实现充分的竞争。

(1) Request for Qualifications. A Request for Qualifications may be used to determine whether competition exists to perform the needed services or to establish a list of qualified Contractors prior to issuing an RFP (Note: It is not mandatory that the

College issue a Request for Qualifications; it may elect to forego using a Request for Qualifications before issuing an RFP.)

At a minimum, the Request for Qualifications shall describe the particular specialty desired, the qualifications the Contractor(s) must have in order to be considered, and the evaluation factors and their relative importance. The Request for Qualifications may require information including, but not limited to: the Contractor's particular capability to perform the required services; the number of experienced staff available to perform the required services, including specific qualifications and experience of personnel; a list of similar services the Contractor has completed, with references concerning past performance; and any other information necessary to evaluate Contractor qualifications.
A qualifications pre-submission meeting (voluntary or mandatory) may be held for all interested Contractors to discuss the proposed services. If the meeting is mandatory, the Request for Qualifications shall include the date, time and place of the meeting(s). Unless the Request for Qualifications establishes that competition does not exist or unless the solicitation process is canceled or all qualification statements rejected, all respondents (who met the published qualifications) shall receive a notice (or other materials as appropriate) of any required services and have an opportunity to submit an Offer in response to the College’s subsequent RFP.

(2)征求建议书。RFP被用作正式的竞争性招标，描述在规定的时间内要执行的特定服务。征集活动规定了筛选、选择和评定最佳方案的标准和方法。RFP可能导致与多个提供商签订合同。

The RFP must either describe the situation and background for which Offers are being requested and state the outcome(s) desired, or propose a Statement of Work. The RFP must describe any conditions affecting the delivery of the services and the time period in which the services are to be completed. The RFP must, at a minimum, address the following information:

(i.) Minimum standards and qualifications required to be met by the Offeror(s) to be eligible to provide the services;
(2)。用于选择承包商的评估过程和标准，包括适用于每个标准的权重或点数。Information must include the manner in which the Offeror’s cost and pricing proposal will be evaluated;
(iii.) A requirement to provide a list of similar services completed by the proposer(s) with references concerning past performance;
(iv.) The closing date and time of the solicitation and the delivery location(s) for proposals;
(v.) Reservation of the right to seek clarifications of each proposal, and the right to negotiate the Statement of Work within the scope of work described in the RFP;
(vi.) Reservation of the right to reject any or all Proposals, if such rejection would be in the public interest;
(vii.) Reservation of the right to cancel the solicitation, if such cancellation would be in the public interest;
(viii.) Contractual provisions that will be contained in the resulting contract;
(第九)。面试的可能性;and
(x.) Any other information to be used to evaluate, rank and select the best proposer(s). This should include, but is not limited to: anticipated contract award date, and at the College’s discretion, funding information and budget requirements.
- 可为所有准承包商召开提案前会议(自愿或强制性)，讨论拟议的服务、征集规定和合同要求。RFP应包括会议的日期、时间和地点。
- An evaluation committee shall evaluate Proposals. The College’s Purchasing Department shall provide the evaluation committee with guidelines for completing evaluations consistent with the process described in the RFP. The evaluation committee may consist of College employees and, if desired, members of the community with experience in related services. Evaluators shall be selected on the basis of their ability to provide an objective, impartial evaluation of the proposals. If there is a conflict of interest, the evaluator shall declare this in writing and shall be excluded from participating in the evaluation.
- The proposal evaluation committee shall review, score and rank all responsive proposals according to the evaluation criteria in the RFP, which may include, but are not limited to, the following:
(i.) Availability and capability to perform the work;
(2)。Experience of key staff on comparable projects, or in performing comparable services;
(iii.) Demonstrated ability to successfully complete similar projects or perform similar services on time and within budget;
(iv.) References from past clients, public and private;
(v.) Performance history in meeting deadlines, submitting accurate estimates, producing quality work, and meeting financial obligations;
(vi.) Status and quality of any required licensing or certification;
(vii.) Knowledge and understanding of the required services as shown through the proposed approach to staffing and scheduling needs
(viii.) Fees or costs;
(第九)。Results from oral interviews, if conducted;
(x.) Availability of any specific required resources or equipment;
(xi.) Geographic proximity to the project or the area where the services will be performed;
(xii.) Identity of proposed subcontractors and their qualifications; and
(xiii.) Any other criteria deemed relevant to the provision of services.
- Final ranking will be based on the evaluation criteria consistent with the process described in the RFP. Price will be considered, but will not necessarily govern selection of the Contractor(s).
- Contracts entered into under the formal selection procedure may be amended, provided the original contract allows for the particular amendment and the services to be provided under the amendment are included within, or directly related to, the scope of the project or the scope of the services described in the solicitation document.

Informal Selection Procedures

The College may use an informal selection process to obtain services if the estimated fee or Contract Price is less than the Minimum Threshold for Personal Services Contracts, and the College shall use an informal selection process to obtain services if the estimated fee or Contract Price is more than the Minimum Threshold but less than the Intermediate Threshold for Personal Services Contracts as this threshold is defined in Section 300-Supplementary Provision, unless otherwise exempted.

(1)非正式选择过程应至少从三个提供所需服务的合格承包商中征求报价。潜在承包商可从ORPIN系统和/或少数民族、妇女和新兴小企业促进会的认证名单或其承包商名单中选择。学院可以将征集放在ORPIN系统和/或使用系统生成的潜在要约列表，以满足非正式征集的三(3)个答复/提案要求。

(2) The informal selection process shall be competitive. The selection and ranking may be based on criteria including, but not limited to, each Offeror’s:

Particular capability to perform the services required;
Experienced staff available to perform the services required, including each Offeror’s recent, current, and projected workloads;
Performance history
Approach and philosophy used in providing services;
Fees or costs;
Geographic proximity to the project or the area where the services are to be performed; an
Work volume previously awarded by the College, with the object of effecting an equitable distribution of contracts among qualified Contractors, provided such distribution does not violate the policy of selecting the most highly-qualified Contractor to perform the services at a fair and reasonable price.

(3) All proposals received shall be reviewed and documented and the most qualified Contractor(s) selected.

(4) If the scope of the services is revised to the extent that the estimated cost of the services is considered to be equal to or more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, and the services are still required, the College shall either (a) terminate the contract and issue a new solicitation using the formal selection procedures or procedures allowed by subsequent rules set forth in this Section, unless waived under the provisions of Section CCR.250 (I)(2), or (b) seek approval by the College’s Local Contract Review Board for contract amendment.

Selection by Negotiation

(1) The College may procure Personal Services with Contractors directly through negotiation if the Contract Price is less than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions.

(2) If the scope of the services is revised to the extent that the estimated cost of the services is equal to or more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, the College shall solicit for a new Contractor(s) using applicable selection procedures under these rules.

Conclusion of Compliance with Law

This rule satisfies the requirements of Oregon Administrative Rule 137 chapter 047 wherein the College shall adhere to the informal and formal solicitation requirements. Consequently, findings otherwise required by law are unnecessary here.

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PUBLIC IMPROVEMENT CONTRACTS EXCEPTIONS AND EXEMPTIONS

Alternative Contracting Methods CCR.280

The College may, at its discretion, exempt public improvement contracts from competitive bidding requirements utilizing Alternative Contracting Methods (ORS 279C.335(2)). These innovative contracting methods shall take into account market realities and modern practices that are consistent with the public policy of encouraging competition. Examples of Alternative Contracting Methods are Construction Manager/General Contractor Services (CM/GC), and Design-Build, Energy Savings Performance Contracts and other developing methods including but not limited to “performance contracting”, “cost plus time” contracting, and “qualification plus project approach” contracting. .

The College shall adhere to ORS 279C.337 regarding the CM/GC contracting requirements as stated in OAR 137-049-0690.

The College shall prepare written findings that support the use of this exemption from competitive bidding and obtain approval from its Local Contract Review Board. A public hearing shall be held before final adoption (ORS 279C.335(5)) of the exemption. The findings must show compliance with ORS 279C.330, and shall include, but not be limited to, information regarding:

Operational, budget and financial data;
Public benefits;
Value engineering;
Specialized expertise required;
Public safety;
Market conditions;
技术复杂性;and
Funding sources but shall not be based solely on funding sources, such as a particular bond fund, or by the method of procurement.

Conclusion of Compliance with Law

学院必须证明，使用该豁免不太可能在授予公共合同时鼓励偏袒，或大幅减少此类合同的竞争，并可能为学院或公众节省大量成本(ORS 279C.335(2))。本规则的要求确保，如果学院的地方合同审查委员会认为使用替代合同方法符合公众的最大利益，竞争将被仔细处理和保护。Consequently, findings otherwise required by law are unnecessary here except with regard to those related to CM/GC contracts as required under ORS 279C.337.

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Donated Public Improvements CCR.281

The College may authorize a Person to construct a public improvement without competitive bidding or other competitive process regardless of dollar amount, if:

The Person has agreed to donate all of the labor, materials and services necessary to construct the public improvement and perform the work; and
The Person enters into a license or agreement with the College whereby the Person agrees to comply with the public contract requirements applicable to the particular project, requirements of the Public Contracting Code, and any requirements that the College deems necessary or beneficial to protect the College.

Findings of Fact

Students, staff, contractors, and other community groups from time to time offer to donate all or a portion of their professional skilled services and/or materials, to help the College meet its facilities’ and/or educational needs. The ability to take advantage of such donated materials and/or services enables the College to use its limited funds in other areas, and frequently results in improvements or services that the College would not otherwise be able to afford. This class special procurement thus has budgetary, operational, and public benefits.

This exemption enables the College to take advantage of these offers, while continuing to ensure that the requirements of the Public Contracting Code continue to be met.

口服补液盐279 a。010不包括本准则下的公共改进定义中没有使用公共实体资金的项目。这项豁免将允许学院利用捐赠的材料和/或服务，如果项目或用于项目的资金全部或部分是捐赠的。

Conclusion of Compliance with Law

这一豁免不太可能鼓励在授予大学合同时的偏袒或大幅减少大学合同的竞争，因为它只适用于捐赠全部或部分材料和/或服务的人。慈善捐款不属于竞争激烈的建筑服务市场。In many instances, the donations will enable the College to construct

or complete projects that it otherwise would not be able to afford to do, and thus will not displace what would otherwise be a competitively bid project.

The use of this class special procurement will result in substantial cost savings to the College because the College is not required to pay for the goods and/or services if they are donated.

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一线分包商;Disclosure and Substitution CCR.282

This rule amends (i.e., additions are indicated byitalicsand deletions are indicated by a line drawn through the word(s) that has been stricken.), Appendix A of these Community College Rules of Procurement (i.e., State of Oregon, Department of Justice, Model Public Contract Rules effective January 1, 2010, Division 49), as follows:

OAR 137-049-0360(2)(b) shall be replaced with:

“(b)The College may, at its discretion,Oopen Bids publicly immediately after the Bid Closing;andor it may open Bids publicly immediately following the deadline for submission of the first-tier subcontractor disclosure forms, or some other time as permitted or not prohibited by Oregon Revised Statutes.”

Conclusion of Compliance with Law

由于司法部长公共合同规则的这一修正案不是特别采购或法律竞争采购要求的豁免，学院决定不需要发现事实。

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Limited Negotiations with Bidder CCR.283

Definitions

For purposes of this rule, the terms below shall be defined, as follows:

“College’s Cost Estimate”指的是学院和学院顾问商定的固定的建筑成本限额。

“Value Engineering and Other Options”refers to a process agreed upon by the College, which involves the lowest responsive, responsible bidder and may include other consultants to identify deletions or adjustments to the project to reduce the cost of such work.

“SignificantlyChanged”with reference to the scope of the project, shall mean deletion or adjustment of components of the project or elements of the work, which in the aggregate are estimated to cost in excess of twenty-five percent of the College’s Cost Estimate as originally designed.

Limited Negotiations and College’s Cost Estimate

(1) If a project is competitively bid and all the responsive bids from responsible bidders exceed the College’s Cost Estimate, the College may, prior to award, negotiate with the Lowest Responsible Bidder utilizing Value Engineering and Other Options to bring the contract price within the College’s Cost Estimate.

(2) The College’s negotiation with the Lowest Responsible Bidder shall not result in award of the contract to such bidder if the scope of the project is Significantly Changed from that specified in the Invitation to Bid at the time of bidding.

(3) If the College elects to use the negotiation process under this rule, the College will not produce for public inspection prior to award or termination of the negotiation process, any records of the Lowest Responsible Bidder. After award of the contract or termination of the negotiation process, the College will make available for public inspection such records as are subject to inspection under any other provision of law.

Negotiation and Award Process

(1) If the Lowest Responsible Bidder’s Bid exceeds the College’s Cost Estimate, the College may, but shall not be required to, negotiate with the Lowest Responsible Bidder to bring the cost of the project within the College’s Cost Estimate.

(2)如果学院选择与最低责任投标人谈判，学院应在开标后十(10)天内将其意向书面通知最低责任投标人。通知应包括向最低责任投标人披露学院的成本估计。

(3) During any such negotiations, the Lowest Responsible Bidder’s bid shall remain firm for the period prescribed in the Bid. At all times until such expiration of the Bid, and notwithstanding the occurrence of negotiations under this rule, the College shall have the right to accept the original Bid.

(4) Upon and within five (5) days of receipt of the College’s notice of intent to negotiate, the Lowest Responsible Bidder and the College’s representative shall meet and present to each other, in writing, any proposals either may have for Value Engineering and Other Options to bring the project within the College’s Cost Estimate.

(5) The College and the Lowest Responsible Bidder shall negotiate in good faith regarding value engineering and other options, exerting their best efforts to bring the cost of the project within the College’s Cost Estimate.

(6) If the College and the Lowest Responsible Bidder are able to reach agreement through value engineering and other options to identify measures which bring the project within the college’s Cost Estimate, but do not Significantly Change the scope of the project, such value engineering and other options shall be reduced to writing and signed by the Lowest Responsible Bidder as an amendment to its bid and will be incorporated into the Contract at the time of award.

(7) Upon award, the terms and conditions of the amendment to the Bid shall be made public.

Any protest of this negotiation process shall be subject to the Protest Process specified in the Invitation to Bid.

Conclusion of Compliance with Law

本规则符合俄勒冈修订法令279C的要求。在340条款中，学院可以根据学院采用的规则，与报价最低、反应灵敏、负责任的投标人进行谈判。因此，法律所要求的其他发现在这里是不必要的。

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SECTION 300 SUPPLEMENTARY PROVISIONS – CONTRACTING RULES

这些社区大学采购规则是由参与的全州社区大学代表起草的，目的是让第100条和第200条被完整采用，并由各自的机构保持不变，除非参与委员会成员在稍后的日期进行修改，并随后获得当地合同审查委员会的一致批准。第300条专门用于解决独特的哲学、文化和/或各种社区学院、投票区和合同审查委员会的关注。如果这些社区学院采购规则中的规则或章节之间发生冲突，第300节的规则应优先于第300节的附录，以及第100和/或200节的规则，除非另有明确规定。

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顾问的选择:Architects, Engineers, Photogrammetrists, Transportation planners, Land Surveyors and Providers of Related Services Contracts CCR.301

This rule amends (i.e., additions are indicated byitalicsand deletions are indicated by a line drawn through the word(s) that has been stricken.), Appendix B of these Community College Rules of Procurement (i.e., State of Oregon's DOJ Model Public Contract Rules 2012, Division 48), as follows:

OAR 137-048-0200(1)(b) shall be replaced with: “Small Estimated Fee. The Estimated Fee to be paid under the Contract does not exceed $50,000, or”

OAR 137-048-0200(1)(c) shall be replaced with: “Continuation of Project With Intermediate Estimated Fee. For Contracting Agencies where a Project is being continued, as more particularly described below, and where the Estimated Fee will not exceed$100,000, the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services to be performed under the Contract must meet the following requirements;

(A)这些服务包括或与建筑、工程、摄影测量测绘、交通规划或土地测量服务或相关服务有关，这些服务已在先前与同一顾问签订的合同中作了大致描述、规划或其他研究，并且与建筑、工程、摄影测量测绘的项目相同，Transportation Planning or Land Surveying Services or Related Services rendered under the earlier Contract:

(B) The Estimated Fee to be made under the Contract does not exceed$100,000and

(C) The Contracting Agency used either the formal selection procedure under OAR 137-048-0220 (Formal Selection Procedure) or the formal selection procedure applicable to selection of the Consultant at the time of original selection to select the Consultant for the earlier Contract; or”

OAR 137-048-0200(1)(d) shall be replaced with: “Continuation or Project With Extensive Estimated Fee. For Contracting Agencies where a Project is being continued, as more particularly described below, and where the Estimated Fee is expected to exceed$100,000, the Architectural, Engineering, Photogrammetric mapping, Transportation Planning or Land Surveying Services or Related Services to be performed under the Contract must meet the following requirements:”

OAR 137-048-0210(1)应更换为:"The Collegemay use the informal selection procedure described in this rule to obtain a contract if the Estimated Fee is expected not tomeet orexceed$125,000."

OAR 137-048-0210(2)(b) shall be replaced with; “Provide a Request for Proposals to a minimum ofthree (3)prospective Consultants drawn from:

(A) Contracting Agency’s list of Consultants that is created and maintained under OAR 137-048-0120 (List of Interested Consultants: Performance Record);

(B) Another Contracting Agency’s list of Consultants that is created and maintained under OAR 137-048-0120 (List of Interested Consultants; Performance Record); or

(C) All Consultants that the Contracting Agency reasonably can locate that offer the desired Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related services, or any combination of the foregoing,”

OAR 137-048-0210(5) shall be replaced with: "The Collegeshall terminate the informal selection procedure and proceed with the formal selection procedure under OAR137-048-0220if the scope of the anticipated Contract is revised during negotiations so that the Estimated Fee will exceed$125,000.

Conclusion of Compliance with Law

As this amendment to the Attorney General's Public Contract Rules, 2012, is not a Special Procurement or exemption from the competitive procurement requirements of law, the College has determined that findings of fact are not required. The requirements of this rule ensure that competition will be carefully addressed and protected, if the College finds it is in the public's best interest to competitively procure Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land Surveying Services or Related Services Contracts. This rule satisfies the requirements of Oregon Revised Statute ORS 279A.055 wherein the College may enter into Personal Services contracts, subsequent to the Local Contract Review Board's designation of certain service contracts or classes of service contracts as personal services contracts, and ORS 279C.105 wherein a Local Contract Review Board shall adopt procedures for the screening and selection of persons to perform those services under ORS 279C.110 or 279C.120. Consequently, findings otherwise required by law are unnecessary here.

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Contract Amendments & Reinstatements CCR.302

The College may award an amendment(s) for additional work or product which is reasonably related to the scope of work under the original contract, including change orders, extra work, field orders, or other changes in the original specifications that increases the original Contract Price, without competitive bidding or alternate contracting method, for a Special Procurement that is exempted under these rules or is subject to the following conditions:

(1) Contract amendments must be made in writing;

(2) Amendments to Contracts must fall within the scope of the original solicitation. Amendments shall not be used to circumvent rules establishing approvals at certain monetary thresholds;

(3) The original Contract was let by competitive bidding or alternative procurement process;

(4) Such amendment(s) shall not exceed a total of thirty-three percent (33%) of the original Contract Price for goods and services or twenty-five percent (25%) over the original Contract Price if the Contract is for public improvements, public works, or general trade services and the amount of the amended Contract is defined as a Small or Intermediate Procurement as these thresholds are defined in Section 300, "Public Contracts Under Certain Dollar Amounts," Supplementary Provisions of the Community College Rules of Procurement;

(5) Such amendment(s) shall not exceed a total of fifty percent (50%) of the original Contract Price, if the original Contract Price exceeds the threshold for Intermediate Procurements as this threshold is defined in Section 300, "Public Contracts Under Certain Dollar Amounts," Supplementary Provisions of the Community College Rules of Procurement, and the Contract is for public improvements, public works, or general trade services;

(6) The vice President/Chief Financial Officer or designee approve the amendment if the Contract is for a Public Contract, including a Public contract for a Special Procurement, but may authorize the Director of Capital Projects/Facilities and Operations to approve amendments, if the Contract is for a public improvement, public work, or general trade services Contract.

“过期合同的恢复”指的是对一份过期合同的恢复行动，该合同先前已妥善执行，包含所有必需的批准签名，并遵循所有必需的采购流程。The College may approve reinstatement of an expired Contract if the following conditions are met:

(1) The College determines concisely, in writing, that the failure to extend or renew the Contract in a timely manner was due to unforeseen or unavoidable conditions;

(2) The written reinstatement justification is presented to the VP/CFO for approval within ninety (90) days after expiration of the original Contract; and

(3) The reinstatement is exclusively for the purpose of permitting completion of the work or services for no additional compensation; or

(a) When the services are of a continuing or repetitive nature, which are compensated at an hourly, daily or similar periodic rate, the reinstatement either:

(i) Does not increase the rate of compensation; or

(ii)不提高赔偿率以超过通过比较波特兰、俄勒冈都市地区消费者价格指数(所有项目)确定的增长率，该指数在原合同建立之日前公布，在恢复和延长之日前公布。

(4) When a Contract is reinstated pursuant to this Rule, the College may compensate the Contractor, at the rate of compensation established in the original Contract, for work performed in the interim between the expiration of the original Contract and the execution and approval(s) of the extension or amendment.

(5) This rule authorizes only one reinstatement of a Contract.

(6) No reinstatement of a Contract must modify the original contract except with respect to the time for performance.

(7) If the reinstatement of a Contract pursuant to this rule raises the aggregate amount of compensation to a level that requires approval by the Local Contract Review Board, the College must obtain such approval before the extension becomes binding and before any services may be performed under the reinstated contract.

(8) Once a contract is reinstated, it is in full force and effect, as if it had not expired.

Stat. Auth: ORS 279A.065(5)(a); ORS 279A.070

Conclusion of Compliance with Law

Contracts are living entities. The work they represent is subject to change at any moment; contract amendments record and formalize those changes. Options for change orders are needed for contract administrators and contractors to perform the work in the most efficient manner. As the contract amendment process is not an exemption from the competitive procurement requirements of law, the College has determined that findings of fact are not required. It is unlikely that this process will encourage favoritism in the awarding of public contracts or substantially diminish competition for such contracts as required by ORS 279B(3)(a). Consequently, findings otherwise required by law are unnecessary here.

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Cumulative Awards of Small Contracts (i.e., Anti-Fragmenting Rule) CCR.304

学院签订了一系列小合同，但不包括符合ORS 279B规定的特殊采购。085, with values less than $100,000, intends to award a series of such contracts, or is likely to award a series of such contracts within one fiscal year, the sum of which will, or is likely to, meet or exceed $100,000, and the Work of which is similar, identical, or within the same operational domain, the College shall submit findings to its Local Contract Review Board to the effect that:

(1) The contracts are not intentionally fractionalized to avoid sealed, competitive public procurement; and,

(2) Competition is not being diminished by the awarding of such contracts and the consequent avoidance of public advertising of the requirement; and,

(3) Other requirements such as those of the Bureau of Labor and Industries, (prevailing wage rates), bonding, insurance and OMWESB (Office of minority, Women and Emerging Small Business, reporting requirements), will not be avoided by the award of such contracts; or, the College shall formulate and issue a formal solicitation for the totality of such annual requirements, and shall, as a result of such solicitation, establish a requirements contract naming one or more qualified providers, for the provision of the required goods or services.

Conclusion of Compliance with Law

此规则适用于所有商品、服务、客户服务、公共改善、公共工程、维护、维修、供应和所有其他学院要求。其目的是确保学院不会在没有正当理由和未经当地合同审查委员会批准的情况下，有意或无意地超出学院正式竞争性采购门槛10万美元的要求，并确保学院遵守正式竞争性采购门槛要求所援引的其他法定要求(如现行工资率、最大限度地竞争、少数族裔合同和报告要求等)。不可以避免的。由于特殊采购可能会在一段时间内导致一系列合同或多个项目，而小额合同累积奖励规则不能豁免法律的竞争性采购要求，学院决定不需要事实的发现。

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Energy Management Controls Systems CCR.308

Competitive procurement need not be used for Energy Management Controls Systems provided the hardware or software is required to match or be specifically compatible with existing equipment (see Brand Names or Marks, "or Equal," Single Seller and Sole Source), or that the items are available from only one source and the College has determined that competition does not exist.

In determining the appropriate procurement method for Energy Management Controls Systems or whether competition exists, the College may consider the following factors: the extent to which alternative services offered are comparable or substitutable in technology; service provided; performance; the extent to which latest upgrades and options are offered by the manufacturer; upward and downward compatibility; and the extent to which alternative providers can respond to the College's interests in consistency and continuity of services throughout its service area, volume discounts, equitable service for all users, centralized management, and limiting College liability.

Conclusion of Compliance with Law

这一规则不会鼓励在授予公共合同方面的偏袒或大大减少竞争。能源管理控制系统本质上是一个由数据处理器、输入/输出设备、现场设备(恒温器、终端控制单元等)和导致节能策略的软件组成的系统。在存在竞争的情况下，该规则提供了补充《公共合同法典》的额外考虑参数。它的目的不在于削弱学院考虑其他因素的能力或限制公平和公开的竞争达到最佳价值。俄勒冈州的政策是，公共承包活动应提供有效的结果，代表最优价值的承包机构，并在最大程度上可行，与市场实践相一致(ORS 279B.010(1))。

Additionally, pursuant to ORS 279A.025(2)(p), the Public Contracting Code does not apply to energy savings performance contracts; consequently, findings otherwise required by law are unnecessary for the procurement or distribution of Energy Management Controls Systems.

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Exception (Including Sole Source) - Purchases of Goods or Services through CCR.310

当学院根据ORS 279B.075(2)的书面调查结果，确定商品或服务，或商品或服务类别只有一个来源，并且合同的授予以书面形式获得批准时，竞争性采购流程不需要用于商品或服务的采购。由学院的财务总监或其指定的人在采购办公室或其他指定的官方地点存档;如果合同金额超过10万美元，应随后通知学院的当地合同审查委员会。学院有权与任何唯一供应商承包商谈判，以获得优惠的价格、条款和/或条件。这一例外可以用于合同或导致一系列合同的货物或服务，受这些书面调查结果的约束，不需要为每一个后续的合同请求提交书面调查结果，时间不超过五年，且仅在首席财务官或其指定人认为符合学院的最大利益时才使用。

Findings of Fact

在某些情况下，由于不可预见的情况、不合理的成本、广泛搜索后仍难以找到供应商，或由于超出合理控制的情况而出现时间限制，采用竞争性采购过程是不现实的、有利的，或符合学院的最佳利益。
All practical measures will be taken to encourage competition when possible.
3.The chief fiscal officer or designee will report to the Local Contract Review Board the reason(s) that competitive procurement processes were deemed to be impracticable and what steps, where possible, were taken to encourage competition if the acquisition meets or exceeds the Intermediate Procurement threshold as defined in Section 300, "Public Contracts Under Certain Dollar Amounts;" a copy of the waiver shall be placed on file in the Purchasing office or other designated official location.

Conclusion of Compliance with Law

It is unlikely that this exemption from competitive procurement processes will encourage favoritism in the awarding of public contracts or substantially diminish competition for such contracts as required by ORS 279B.085(3)(a), since it would be an Exception, and would be due to extenuating circumstances. Additionally, this Special Procurement will substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065, or 279B.070 or under any rules adopted there under. (Stat. Auth.: ORS 279B.075 and 279B.085, Sole-Source Procurements and Special Procurements, respectively.)

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Personal Services Contracts (CCR250 Amended) CCR.312

This rule replaces and amends Personal Services Contracts Rule CCR.250(I.)(2) to read:

(1) The College may waive the requirement for a competitive selection process and directly negotiate a Personal Services Contract, if the contract price is not more than the Minimum Threshold as this threshold is defined in Section 300-Supplementary Provisions, Rule CCR.312.“最低门槛”指$30,000;“中间门槛”指的是10万美元。无论合同的美元价值如何，如果存在CCR.207中定义的紧急情况，学院可以自行决定签订个人服务合同，而不遵守正式或非正式的征求要求。

(a) Unless there are compelling reasons not to do so, competitive selection processes for Personal Services contractors should take place at intervals not greater than five years.

(1) Informal Selection Procedures may be used for contracts less than the Minimum Threshold (i.e., $30,000), but are not required to be used for contracts less than the Minimum Threshold.

(2) Informal Selection Procedures shall be used for contracts estimated or anticipated to be equal to or more than $30,000, but which are not estimated or anticipated to be more than the Intermediate Threshold (i.e., $100,000).

(3) Formal Selection Procedures shall be used for contracts estimated or anticipated to be equal to or more than the Intermediate Threshold (i.e., $100,000), but may be used for contracts of any estimated dollar value if it is deemed to be in the college's best interest.

(b) The screening and selection procedures for the award of Personal Services Contracts are governed by ORS 279A.055 and are subject to the competitive procurement provisions of the Personal Services Contracting rules and procedures adopted herein. Every contract for Personal Services shall be based upon these screening and selection procedures developed by the College. Personal Services Contracts are considered "public contracts" as defined in ORS 279A.010.

This rule replaces and amends Personal Services Contracts Rule CCR.250(I.)(5) to read:

(2) Personal Services Contract do not include:

(a) Contracts, even though in a professional capacity, if primarily for equipment, supplies or materials, e.g., a contract to supply all hardware and standard software is not a Personal Services Contract, but a contract with a technology consultant to design or develop a new computer system is a Personal Services Contract;

(b) Contracts with a temporary service or personnel agency to supply labor, which is of a type that can generally be done by any skilled worker;

(c) Contracts for services of a trade-related activity, even though a specific license is required to engage in the activity. Examples are repair and/or maintenance of all types of equipment or structures;

(d) Employees.

Conclusion of Compliance with Law

规则CCR.250及其后续修订CCR.312的要求确保，如果学院认为通过竞争获得个人服务符合公众的最大利益，那么竞争将得到认真处理和保护。本规则符合俄勒冈州修订法令ORS 279A的要求。在当地合同审查委员会将某些服务合同或服务类别指定为个人服务合同之后，学院可以签订个人服务合同。因此，法律所要求的其他发现在这里是不必要的。

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Public Contracts Under Certain Dollar AmountsCCR.314

(1) the college shall submit recommendations for contract award to the Local Contract Review Board for contracts greater than $100,000, subsequent to College policies and procedures contained herein and defined in Appendix A.

(2)学院可自行决定订立不超过10万美元的采购货物、材料、用品和服务的公共合同，包括建筑、工程、摄影测量制图、交通规划、或土地测量服务或相关服务，以及公共改善或一般贸易服务的合同，而无需发出正式的竞争性招标文件。if the College has determined that the awarding of the contract without issuing a formal competitive Solicitation Document will result in cost savings and the following conditions are met:

The contract is for a single project, and is not a component of or related to any other project;
当合同金额不超过$10,000(在此定义为“小额采购”)时，the College shall, where feasible, obtain competitive quotes, unless the contract is for architectural, engineering, photogrammetric mapping, transportation planning, or land surveying services, or related services procedures in which case a Direct Appointment (see Appendix B, 137-048-0200), may be made for contracts with Estimated Fees less than $30,000;
当合同金额超过1万美元但低于10万美元(在此定义为“中间采购”)，且不是用于建筑、工程、摄影测量制图、交通规划或土地测量服务或相关服务时，学院应获得至少三份非正式征求的竞争性报价。至少三种报价中的一种应来自于ORS 200.055认证的弱势、少数民族、女性或新兴小企业，或ORS 408.225定义的由残疾老兵拥有或控制或雇佣残疾老兵的企业。学院应书面记录所收到的报价来源及金额。If three quotes are not available, a lesser number will suffice provided that a written record is made of the effort to obtain the quotes;
学院将遵守ORS 279A.025(4)关于合格非营利机构的规定，除非合格非营利机构无法按照ORS 279.835至279提供所需的商品、材料、供应品或服务。855;
The College shall encourage Disadvantaged, Minority, Women-owned and Emerging Small Businesses to participate in its purchasing processes, where applicable. By notifying the Advocate for Minority, Women and Emerging Small Business as required by ORS 200.035; and
The goods or services, or class of goods or services, are available from only one source and the determination of a sole source is based upon written findings in accordance with the provisions set forth in ORS 279B.075.

(3) The College may, at its discretion, enter into Public Contracts not to exceed $100,000, where competitive procurement processes have been waived pursuant to ORS 279B.075 and/or 279B.085, and the provisions of CCR.310, “Exception (Including Sole Source) – Purchases of Goods or Services through.”

(4) The College may, at its discretion, enter into public contracts for trade-related projects, i.e., construction, maintenance, repair, or similar labor and materials contracts without competitive bidding if the College has determined that the awarding of the contract without competitive bidding will result in cost savings and the following conditions are met:

The contract is for a single project, and is not a component of or related to any other project;
When the amount of the contract does not exceed $10,000, the College should, where feasible, obtain competitive quotes (ORS 279B.065);
When the amount of the contract is more than $10,000, but less than $100,000 the College shall obtain a minimum of three competitive quotes. The College shall keep a written record of the source and amount of the quotes received. If three quotes are not available, a lesser number will suffice provided that a written record is made of the effort to obtain the quotes;
如果该合同是一份低于10万美元的公共改善合同，且投标人仅从弱势群体、少数族裔、妇女和新兴小企业办公室维护的经认证的新兴小企业名单中选出，则学院可以在经过诚信努力从新兴小企业获得至少三份竞争性报价后，不进行正式竞争性投标。为使所有公司获得最大的曝光率，并防止徇私舞弊，应注意在每次使用清单时获取不同公司的报价。学院应书面记录收到的报价的来源和金额，并遵守本规则第(2)(e)款的要求。如果对获取报价的努力保持书面记录，少量的报价就足够了;and
When the contract is for a "public improvement" as defined in ORS 279A.010(1)(aa) and/or for "public works" as defined in ORS 279C.800(5), and the contract price exceeds $50,000 but is less than $100,000, the College and the contractor shall comply with:
现行ORS 279C的工资规定。800 - 279 c。870, when applicable;
The contractor registration requirements of ORS 701; and

iii) Any other law applicable to such a contract.

(5) If more than one supplier may be available and the total purchase is estimated to exceed $100,000, the College shall select a contractor through a formal competitive solicitation process;

(6) Pursuant to ORS 279C.105, when the contract is for architectural, engineering, photogrammetric mapping, transportation planning, or land surveying services, or related services, and the Estimated Fee is $100,000 or greater, the College shall screen and select a contractor through a formal competitive solicitation process as these procedures are defined in Appendix B, 137-048-0220, of these Community College Rules of Procurement.

(7) Renegotiated Contracts for Supplies and Services

The College may renegotiate the terms and conditions, including the Contract Price, of a Contract without additional competition and amend a Contract if it is in the best interest of the College subject to the following conditions:

学院必须确定，在综合考虑各种因素后，重新协商的合同至少与原合同一样对学院有利;and
重新谈判的合同的总期限不应超过原招标文件、合同或合并初始期限和延长期限后的特别采购批准的总期限。例如，一年的合同，每年可续签至多4年，可以重新谈判为2至5年的合同，但不能超过5年。Also, if Contracts with a single Contractor are restated as a single contract, the term of the single Contract may not have a total term greater than any one of the prior Contracts.
If a Contractor offers a lower price in exchange for a change in term or condition that was expressly rejected in the original solicitation, the amended Contract may be structured with this changed term as an optional, but not as a mandatory Contract term.
If the Contract is the result of a Cooperative Procurement, the amended Contract must be within the Scope of the Original Contract and may not materially change the terms, conditions, and prices of the Original Contract.

(8) If the procurement is grant-funded, “Minimum Threshold” means the amount as identified by the grant-funding agency, if the grant-funding agency’s threshold requirements are more restrictive than the College’s. The College will follow the provisions of the Public Contracting rules of the grant-funding agency and/or those of the College, or a combination thereof, as identified by the grantor.

Comment:

Public contract shall mean the "completed project cost basis"of a public contract (i.e., the total cost of performing one discrete, identifiable totality of work, including all components, shipping, warranty costs, service agreements obtained in conjunction with the purchase contract, reimbursables, and any other associated costs).

Conclusion of Compliance with Law

This rule is more restrictive than the requirements of the Public Contracting Code. As such, it is not an exemption or Special Procurement to the competitive bidding requirements of law. Consequently, findings otherwise required by law are unnecessary here.

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Rejection of an OfferCCR.316

OAR 137-047-0640(1)(b) shall be replaced with:

"(b) The Collegemayreject an Offer upon the College's finding that the Offer:"

OAR 137-049-0440(1)(b) shall be replaced with:

"(b) The Collegemayreject an Offer upon the College's finding that the Offer:"

Conclusion of Compliance with Law

As this amendment to the Attorney General's Public Contract Rules, 2004, is not a Special Procurement or exemption from the competitive procurement requirements of law, the College has determined that findings of fact are not required.

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Space Rentals (hotels, conferences, temporary offices, etcetera)CCR.318

Competitive procurement need not be used for the rental of real estate, floor space or other short- or long-term rentals of physical space.

Findings of Fact

Many space rental transactions must, of necessity, take place in private in order to ensure that public disclosure will not have negative effects upon price or other contractual considerations. Additionally, rentals are subject to considerable personal judgment in the selection of the space, its availability, its surrounds, its geographical location, the landlord, and the contract terms. Many of these items are not subject to negotiation or are extremely difficult to compare objectively. Moreover, many such rentals must be finalized in extremely short periods, occasionally within minutes, or the arrangement may be lost to another offeror. It is not in the best interest of the public to disadvantage the College by necessitating an arduous selection process for rentals of space, which, of necessity, are highly subjective activities.

Conclusion of Compliance with Law

It is unlikely that this Special Procurement will result in favoritism in the awarding of public contracts or substantially diminish competition since all vendors, including Oregon businesses, are able to compete (ORS 279B.085(3)(a)), and it will enable the College to promote the public interest (ORS 279B(3)(b)(B)), through expediting its procurement processes without compromising integrity for cost.

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Property Disposition CCR.320

Auction Sales of Personal Property

Personal Property may be sold at auction if the College determines that the auction contemplated will probably result in a higher net return then if the property were sold by competitive written bid.

Sales of Personal Property

The College may sell personal property, including recyclable or reclaimed materials, without competitive bidding if it has determined that a negotiated sale will result in increased net revenue and the following conditions are met:

the personal property has been made available to other College departments and local government units when deemed appropriate; and
when the current market value per item is deemed to be less than $1000, the College may establish a selling price, schedule and advertise a sale date, and sell to the first qualified bidder meeting the sales terms; or
when the current value per item is deemed to exceed $1,000the personal property must be offered for competitive written bid and be advertised, or be offered for sale at public auction.
When the personal property is deemed relevant to students enrolled in a certificate or degree program, the College may sell directly to students prior to making the sale available to the public.

Liquidation Sales of Personal Property

The College may sell personal property through a commercially recognized third party liquidator if it has determined that a liquidation sale will result in increased net revenue and the following conditions are net:

the personal property has been made available to College departments and local government units; and
selection of the liquidator was conducted by a competitive process.

Donations of Personal Property

The College may transfer personal property without remuneration or only nominal remuneration without competitive bids to the following entities:

another public agency; or
any QRF, work activity center or group care home which operates under contract or agreement with, or grant from, any State agency and which is certified to receive federal surplus property; or
any recognized 501(c)(3) non-profit activity.

Trade of Personal Property

Surplus property may be traded for goods or services of an equivalent value, the intent to trade will be advertised on the College website.

Property with an estimated value of $1,000 or less may be traded for goods or services of an equivalent value without conducting a competitive bid process.
Surplus property with an estimated value in excess of $1,000 may be traded for goods or services of an equivalent or greater value:
1. after a public solicitation of bids or public sale, and
2. when the bids or offers received at the public sale are for less than the value of the goods or services for which the property is exchanged.

Destruction of Personal Property

Surplus property may be recycled or destroyed when the estimated unreimbursed costs of transfer or sale exceed the estimated proceeds or if no bids are received for the surplus items.

Conclusion of Compliance with Law

这次特别采购不太可能导致对剩余财产的偏袒处置。CCR.320的目的是将处理剩余财产的低价值项目的成本降到最低，同时确保学院在处理高价值项目时获得最大的回报。对于价值有限的物品来说，储存成本、宣传密封竞价销售以及销售本身所消耗的时间可能会占销售收益的很大一部分。The rule also allows for the donation of property to other specific entities when such action is deemed to be in the public good.