71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3399
Sponsored by Representatives HILL, PATRIDGE
CHAPTER ................
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 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.
Enrolled House Bill 3399 (HB 3399-B) Page 1
(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. + }
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Enrolled House Bill 3399 (HB 3399-B) Page 2
Passed by House June 30, 2001
Repassed by House July 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 5, 2001
...........................................................
President of Senate
Enrolled House Bill 3399 (HB 3399-B) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3399 (HB 3399-B) Page 4