Chapter 937 Oregon Laws 2001
AN ACT
HB 3399
Relating to information
technology; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section and section
2 of this 2001 Act:
(a) “Best value procurement”
means a method of selecting a vendor based on a determination of which vendor's
proposal offers the best trade-off between price and performance, in which
quality is considered an integral performance factor. The selection may be
based on evaluation factors including but not limited to:
(A) The total cost of
ownership, including the cost of acquiring, operating, maintaining and
supporting a product or service over its projected lifetime;
(B) The technical merit
of the vendor's proposal; and
(C) The probability of
the vendor performing the requirements stated in the solicitation on time, with
high quality and in a manner that accomplishes the stated business objectives.
(b) “Government-vendor
partnership” means a mutually beneficial contractual relationship between a
state agency and a vendor, in which the two share risk and reward and in which
value is added to the procurement of information technology.
(c) “Information
technology” has the meaning given that term in ORS 291.038.
(d) “Solution-based
solicitation” means a solicitation whose requirements are stated in terms of
how the product or service being purchased should accomplish a business
objective, rather than in terms of the technical design of the product or
service.
(e) “State agency”
includes every state officer, board, commission, department, institution,
branch or agency of the state government whose costs are paid wholly or in part
from funds held in the State Treasury, except the Legislative Assembly, the
courts and their officers and committees, and except the Secretary of State and
the State Treasurer in the performance of their duties.
(2) The intent of best
value procurement of information technology is to enable vendors to offer, and
a state agency to select, the most appropriate solution to meet the business
objectives identified in a solicitation and to keep all parties focused on the
desired outcome of a procurement. Business process reengineering, system design
and technology implementation may be combined into a single solicitation.
(3) The acquisition of
information technology by a state agency may be conducted using any procurement
method available that is best suited to the intended purpose of the state,
subject to ORS chapter 279, including the best value procurement method. When a
state agency and the Oregon Department of Administrative Services determine
that acquisitions are highly complex or that the optimal solution to a business
problem is not known, the state agency and the department may use
solution-based solicitations and government-vendor partnerships, subject to ORS
chapter 279.
SECTION 2.
(1) The Oregon Department of
Administrative Services shall develop and implement policies and procedures to
permit the use of best value procurement and, as applicable, solution-based
solicitations and government-vendor partnerships in the procurement of
information technology by state agencies.
(2) The department may
develop and implement policies, procedures and programs to permit the state
agency and Oregon Department of Administrative Services personnel involved in
the development of solicitations, development of specifications, evaluation of
proposals, selection of vendors, administration of contracts and management of
information technology projects to receive high-quality training in the
principles of best value procurement, solution-based solicitations,
government-vendor partnerships, contract administration and project management.
SECTION 3.
(1) The Oregon Department of
Administrative Services shall develop and implement the policies, procedures
and programs described in section 2 (1) of this 2001 Act no later than December
31, 2003.
(2) The Oregon
Department of Administrative Services shall report by January 15, 2003, to the
Joint Legislative Committee on Information Management and Technology on the
results of the implementation of sections 1 and 2 of this 2001 Act and on the
relationship between the implementation of sections 1 and 2 of this 2001 Act
and a comprehensive evaluation of ORS chapter 279.
SECTION 4.
Sections 1 to 3 of this 2001 Act are
repealed on June 30, 2005.
SECTION 5.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on July 1, 2001.
Approved by the Governor
August 9, 2001
Filed in the office of
Secretary of State August 9, 2001
Effective date August 9,
2001
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