71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2821
 
                           A-Engrossed
 
                         House Bill 3399
                  Ordered by the House June 30
            Including House Amendments dated June 30
 
Sponsored by Representatives HILL, PATRIDGE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Requires Oregon Department of Administrative Services to
procure all information technology for state agencies. - }
   { +  Requires Oregon Department of Administrative Services to
develop and implement policies and procedures to permit use of
best value procurement, solution-based solicitations and
government-vendor partnerships in procurement of information
technology by state agencies.
  Sunsets June 30, 2005. + }
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
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 shall be based on 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 evaluated technical merit of the vendor's proposal;
  (C) The vendor's past performance; and
  (D) The evaluated 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 and complies with industry standards.
  (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 the best value procurement method.
However, 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. + }
  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 of this 2001 Act no later than
December 31, 2003.
  (2) The Oregon Department of Administrative Services shall
report 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 by January 15, 2003. + }
  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. + }
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