University of Oregon Policy Library

A. Applicable Model Public Contract Rules

The Attorney General's Model Public Contract Rules adopted by the Oregon Attorney General pursuant to ORS 279A.065 are generally inapplicable to the contracting activities of the University unless specifically referenced and adopted herein.

B. Definitions

The following Definitions will apply to UO policies IV.09.05, IV.09.06, IV.07.06 and IV.07.10,, unless the context requires otherwise:

(1) “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of the Solicitation Document. Addenda will be labeled as such and posted on the University procurement website for access by all interested Offerors.

(2) “Award” or “Awarding” means, as the context requires, identifying the Entity with whom the University intends to enter into a Contract following the resolution of any protest of the selection of that Entity and the completion of all Contract negotiations.

(3) "Bid" means an offer, binding on the Bidder and submitted in response to an ITB.

(4) "Bidder" means an Entity that submits a Bid in response to an ITB.

(5) "Board" means the Board of Trustees of the University of Oregon.

(6) "Change Order" or "Contract Amendment" means a written order issued by the University to the Contractor requiring a change in the Work within the general scope of the original Contract.

(7) "Closing" means the date and time specified in a Solicitation Document as the deadline for submitting Bids or Proposals.

(8) "Competitive Process" means the process of procuring goods and services and construction-related services by fair and open competition, under varying market conditions, with the intent of minimizing opportunities for favoritism and assuring that Contracts are award equitably and economically using various factors in determining such equitability and economy.

(9) "Contract" means a contract for sale or other disposal, or a purchase, lease, rental, or other acquisition, by the University of personal property, services, including personal or professional services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement. "Contract" does not include grants. "Contract" may also mean a purchase order, Price Agreement, or other Contract document in addition to the University’s Solicitation Document and the accepted portions of a Solicitation Response.

(10) "Contract Officer" means the Vice President for Finance and Administration or his or her designee with the authority to negotiate and execute Contracts.

(11) "Contract Price" means, as the context requires, the maximum monetary obligation that the University either will or may incur under a Contract, including bonuses, incentives and contingency amounts, Addenda, Change Orders, or approved alternates, if the Contractor fully performs under the Contract.

(12) "Contractor" means the Entity awarded a Contract to furnish University goods, services, or Work.

(13) "Days" means calendar days, including weekdays, weekends, and holidays, unless otherwise specified.

(14) "Disadvantaged Business Enterprise" means a small business concern as defined in ORS 200.005.

(15) "Disqualification or Disqualify" means the preclusion of an Entity from contracting with an agency of the State of Oregon in accordance with Section FF.

(16) "Electronic Solicitation Response" means a response to a Solicitation Document submitted to the University via the World Wide Web or some other internet protocol.

(17) "Emergency" means an unexpected, serious situation that creates a significant risk of loss, damage, interruption of service, or threat to the public health or safety that requires prompt action to remedy the condition.

(18) "Emerging Small Business" means an Emerging Small Business as defined in ORS 200.005 and that maintains a current certification issued by the Oregon Department of Consumer and Business Services.

(19) "Entity" means a natural person capable of being legally bound, sole proprietorship, corporation, partnership, limited liability company or partnership, limited partnership, profit or nonprofit unincorporated association, business trust, two or more persons having a joint or common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision.

(20) "Grant" means:

(a) An agreement under which  the University receives money, property, or other assistance, including, but not limited to, federal assistance that is characterized as a Grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities, or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the University and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions; or

(b) An agreement under which the University provides money, property, or other assistance, including, but not limited to, federal assistance that is characterized as a Grant by federal law or regulations, loans, commodities, or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the University is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions.

(c) "Grant" does not include a Public Improvement Contract or a Contract for Emergency Work.

(21) “Historically Underrepresented Business” means Minority Business Enterprises, Women Business Enterprises, and Emerging Small Businesses certified by the State of Oregon or self-certified, and firms certified federally or by another state or entity with substantially similar procedures to the State of Oregon.

(22) "Invitation to Bid" (ITB) means a Solicitation Document for the solicitation of competitive, written, signed, and Sealed Bids in which Specifications, price, and delivery (or project completion) are the predominant award criteria.

(23) "Minority Business Enterprise" means a Minority Business Enterprise as defined in ORS 200.005 and that maintains a current certification issued by the State of Oregon.

(24) "Opening" means the date, time, and place specified in the Solicitation Document for the public opening of written or electronically submitted Solicitation Responses.

(25) “Offeror” means the entity submitting a binding Solicitation Response.

(26) "UO Retainer Program" means Contracts by which, pursuant to a Solicitation Document, multiple Contractors are authorized to provide specific materials to or perform specific services fora Public University(ties). Contractors on a UO Retainer Program may provide goods or services on a non-exclusive and as-needed basis. UO Retainer Programs are administered centrally by the Vice Chancellor for Finance and Administration or designee.

(27) "Owner" means the Board, in its own right or on behalf of the University as identified in the Solicitation Document.

(28) "President" means the President of the University.   Where the term "President" is used, it refers to the president of the University as context requires.

(29) "Personal or Professional Services" means a Contract with an Entity whose primary purpose is to acquire specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment, including, without limitation, a Contract for the services of an accountant, physician or dentist, educator, consultant, broadcaster or artist (including a photographer, filmmaker, painter, weaver, or sculptor). "Personal or Professional Services" under this definition does not include architects, engineers, planners, land surveyors, appraisers, construction managers, and similar professional consultants for construction work.

(30) "Price Agreement" means a nonexclusive agreement in which the Contractor agrees to provide specific items or services to the University at a set price during a specified period of time.

(31) "Proposal" means a binding competitive offer submitted in response to a Request for Proposals.

(32) "Proposer" means an Entity that submits a Proposal in response to a Request for Proposals.

(33) "Public Improvement" means a project for construction, reconstruction, or major renovation on real property by or for the University. "Public Improvement" does not include:

(a) Projects for which no funds of the University are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or

(b) Emergency Work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.

(34) "Public Improvement Contract" means a Contract for a Public Improvement. "Public Improvement Contract" does not include a Contract for Emergency Work, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement.

(35) " University" means the University of Oregon. .

(36) "Public Work" is defined by the Bureau of Labor and Industries (BOLI) in ORS 279C.800(6).

(37) "Qualified Rehabilitation Facility" means a nonprofit activity center or rehabilitation facility authorized by the Oregon Department of Administrative Services to provide goods or services in accordance with ORS 279.835 et seq.

(38) "Request for Information (RFI)" means a Solicitation Document seeking information regarding products or services that the University is interested in procuring.

(39) “Request for Proposals (RFP)" means a Solicitation Document to obtain competitive Proposals to be used as a basis for making an acquisition or entering into a Contract when price will not necessarily be the predominant award criteria.

(40) "Request for Qualifications" means a Solicitation Document issued by the University to which interested Contractors respond in writing by describing their experience with and qualifications to provide the services described in the Solicitation Document.

(41) “Request for Quotes” means a Solicitation Document to obtain competitive quotes to be used as a basis for making an acquisition or entering into a Contract when best value will be the award criteria.

(42) "Responsible Offeror" means an Entity that demonstrates their ability to perform satisfactorily under a Contract by meeting the applicable standards of responsibility outlined below in Section AA.

(43) "Responsive Solicitation Response" means a Solicitation Response that has substantially complied in all material respects with the criteria outlined in a Solicitation Document.

(44) “Retainer Contract" means a Contract by which, pursuant to a Solicitation Document, multiple Contractors are authorized to provide specific supplies or equipment to or perform specific services for the Universities. Contractors on a Retainer Contract may provide goods or services on a non-exclusive and as-needed basis.

(45) “Sealed” means a Solicitation Response to an RFP or an ITB that has not been opened by the University or a Solicitation Response delivered by electronic means that has not been distributed beyond the University personnel responsible for receiving the electronically submitted Solicitation Response.

(46) "Signed or Signature" mean any Written mark, word, or symbol that is made or adopted by an Entity with the intent to be bound and that is attached to or logically associated with a Written document to which the Entity intends to be bound.

(47) "Single Seller" means the only Contractor of a particular product or service reasonably available.

(48) "Solicitation Document" means an Invitation to Bid, Request for Proposals, Request for Qualifications, Request for Information or any other written document issued or posted on the University procurement website by the University that outlines the required Specifications necessary to submit a Bid, Proposal, or other response.

(49) “Solicitation Response” means a binding offer submitted in response to a Solicitation Document.

(50) "Specifications" means a description of the physical or functional characteristics, or of the nature of the goods or services, including any requirement for inspecting, testing, or preparing the goods or services for delivery and the quantities or qualities of the goods or services to be furnished under a Contract. Specifications generally will state the result to be obtained and may describe the method and manner of performance.

(51) "Women Business Enterprise" means a Women Business Enterprise as defined in ORS 200.005 and that maintains a current certification issued by the Oregon Department of Consumer and Business Services.

(52) "Work" means the furnishing of all materials, equipment, labor, transportation, services, and incidentals necessary to successfully complete any individual item or the entire Contract and carrying out and completion of all duties and obligations imposed by the Contract.

(53) "Written or 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 means. “Written” or "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.

C. Purchasing and Contact Records

(1) The University will maintain records relating to all University purchasing and contracting transactions in accordance with the requirements of the Secretary of State and University policies.

(2) Documentation of all purchasing and contracting transactions will be made available for inspection by the public as outlined in applicable public records laws.

(3) The University will maintain records relating to all University purchasing and contracting transactions that may include:

(a) An executed Contract and any amendments or Change Orders;

(b) The record of the actions used to develop the Contract;

(c) A copy of the Solicitation Document, if any;

(d) Any required findings or statement of justification for the selection of the Contractor or the procurement method used;

(e) The record of any negotiation of the Specifications, the Work, the Contract Price and related Contract terms;

(f) All information describing how the Contractor was selected, including the basis for awarding the Contract;

(g) The names of Entities and cost estimates considered.

D. Designation and Contract Officers

The University Vice President for Finance and Administration will designate staff authorized to enter into Contracts and Public Improvement Contracts for the University.

(1) The University will maintain a list identifying Contract Officers and describing the types and Contract Price of Contracts and Public Improvement Contracts they are authorized to enter into. The Vice President for Finance and Administration may designate staff authorized to enter into Contracts and Public Improvement Contracts on behalf of the University.

(2) Contracts or Public Improvement Contracts entered into by individuals not designated as authorized Contract Officers and unauthorized procurements or expenditures that do not follow the University Procurement and Contracting Code will be voidable at the sole discretion of the University.  The University may take appropriate action in response to execution of Contracts or procurements contrary to this policy. Such actions include, but are not limited to, providing educational guidance, imposing disciplinary measures, and holding individuals personally liable for such Contracts or procurements.

(3) Authorized Contract Officers will be responsible for ensuring that the proper procedures are followed as outlined in UO policies IV.09.05, IV.09.06, IV.07.06 and IV.07.10,.

(4) Unless otherwise specified in policies IV.09.05, IV.09.06, IV.07.06 and IV.07.10, the Contracting Officer will perform all the duties of the Owner on behalf of the Board.

(5) The President may, by Written agreement with the President of another Public University, transfer such delegation to a person at another Public University.

E. Policy Governing the Acquisition of Goods and Services available from Qualified Rehabilitation Facilities

The University will purchase goods and services from Qualified Rehabilitation Facilities in accordance with the provisions of ORS 279.835 to 279.855 and applicable administrative rules.

F. Affirmative Action; General Policy

(1) The general policy of the University will be to expand economic opportunities for Historically Underrepresented Businesses by offering them the contracting and subcontracting opportunities available through University Contracts. Notice of all Contracts over $25,000 procured through a Competitive Process will be provided to the Advocate for Minority, Women, and Emerging Small Business, unless otherwise provided, by fully completing the information set out on the University procurement website. The University is encouraged to unbundle contracts, when appropriate, to expand contract opportunities for Historically Underrepresented Businesses and Oregon-based businesses.

(2) The University will not knowingly contract with or procure goods or services from any Entity that discriminates on the basis of age, disability, national origin, race, marital status, religion, sex, or sexual orientation.

(3) Offerors will certify, as part of the Solicitation Response that such Offeror has not discriminated against Historically Underrepresented Businesses in obtaining any required subcontracts.

(4) The University will comply with the Equity Contracting and Purchasing Policy and Data Reporting Procedures.

G. Emerging Small Business Program

(1) The University encourages participation of Emerging Small Businesses by creating an Emerging Small Business Program. The Emerging Small Business Program is limited to businesses that meet the definition in ORS 200.005(5) and that maintain a current certification issued by the State of Oregon. When conducting procurements, the University may implement the Emerging Small Business Program by methods including, but not limited to:

(a) Priority of Contract Award. In the event of a tie low Bid, when price is the sole determinative factor, give priority to a certified Emerging Small Business;

(b) Exclusive Emerging Small Business Opportunities. The University has the authority to create opportunities that are only open to certified Emerging Small Businesses. When the University issues a Solicitation Document, the University may determine that it is in the University’s interest to limit the opportunity to only qualified and certified Emerging Small Businesses.

(c) Evaluation Criteria. The University may identify in a Solicitation Document that it will award additional evaluation points based on certified Emerging Small Business status.

(2) For Construction-Related Services where price is the determinative factor, if a Responsible Emerging Small Business' Responsive Bid is within one percent of the lowest Responsible Responsive Bid, the University will award the Contract to the Emerging Small Business.

H. Sexual Harassment Policy

All Entities that wish to contract with the University will be notified on the University procurement website that the University has adopted policies applicable to Contractors that prohibit sexual harassment and that the Contractor's company and employees are required to adhere to the University’s policy prohibiting sexual harassment in their interactions with members of the University’s community.

I. Insurance or Bond Requirements

All Contractors will provide and maintain insurance or bonding as may be required by the University. Such insurance or bonding will remain in force throughout the term of the Contract, including any extensions.

J. Interest on Overdue Charges 

The University will pay any overdue account charge, in accordance with ORS 293.462, incurred by the University when payment for goods and services have not been reasonably made.

(1) Overdue claims will be those that have not been paid within 45 days from the latest of the following dates: The date of the receipt of the accurate invoice, the date of the initial billing statement if no invoice is received, the date all goods have been received, or the date the claim is made certain by agreement of the parties or by operation of law. However, overdue account charges will not accrue on any purchases made by the University during time of civil emergency or in the event of a natural disaster that prevents the timely payment of accounts. In such instances, accounts will be paid in as timely a manner as possible.

(2) The maximum overdue charge incidental to procurement of the goods or services will be at a rate of two-thirds of one percent per month, but not more than eight percent per annum.

K. Solicitation Document Provisions

(1) Brand-Name Specification. The University may specify brand names in the procurement of goods and services if that particular product or service has attributes not found in other goods and services of like kind. In addition, when specific design or performance specifications must be met for a good or service to be purchased, the University may specify a list of qualified goods or services by reference to the qualified goods or services of a particular contractor or potential contractor.

L. Basis for Awarding Contracts

The University will select Contractors and award Contracts based on such factors as are identified in the Solicitation Document and such other factors as are reasonable under the circumstances.

M. Contract Amendments (Including Change Orders and Extra Work) and Expired Contracts

An amendment for additional Work or goods that is reasonably related to the scope of Work under the original Contract, including Change Orders, extra work, field orders, or other change in the original Specifications that increases the original Contract Price or length of time, may be made with the Contractor without using a Competitive Process provided that the amendment does not materially alter such a Contract. An amendment that extends the Contract past the period set out in the Solicitation Document for anything other than completion of the Work contemplated in the original Contract as extended will require a new Competitive Process, unless approved by the Vice President for Finance and Administration for good cause. Expired Contracts may be revived and reinstated upon the approval of the Vice President for Finance and Administration or their designees.

N. Solicitation Responses are Offers

(1) Offer and Acceptance. The Solicitation Response is the Offeror’s offer to enter into a Contract that will be binding upon the Offeror for thirty (30) days, unless a different time frame is specified in the Solicitation Document.

(2) The Solicitation Response will be a complete offer and fully responsive to the Solicitation Document, unless Offerors are specifically authorized by the Solicitation Document to take exceptions or to leave terms open to negotiation.

(3) Unless expressly authorized by the Solicitation Document, Offerors will not make their Solicitation Response contingent upon the University's acceptance of Specifications or contract terms that conflict with or are in addition to those in the Solicitation Document.

O. Facsimile and Electronic Solicitation Responses

(1) The University may authorize submission of Solicitation Responses through facsimile or electronic methods.

(2) If the Solicitation Response is in response to an RFP or ITB and the Solicitation Document permits submission via facsimile or electronic means, the University must establish a method of receiving, identifying, recording, and preserving the "Sealed" requirement of the Formal Procurement.

(3) Solicitation Responses submitted through facsimile and electronic methods must contain Written signatures indicating intent to be bound by the offer.

(4) The University may execute or open electronic submissions to verify receipt of documents prior to the Closing, but will not verify responsiveness of Solicitation Responses.

P. Solicitation Response Submissions

(1) Identification of Solicitation Responses. To ensure proper identification and special handling, if any, Offeror must appropriately mark its Written Solicitation Response. The University will not be responsible for the proper identification and handling of Solicitation Responses not submitted in the designated manner or format as required in the Solicitation Document.

(2) Receipt of Solicitation Responses. It is the Offeror’s responsibility to ensure that Solicitation Responses are received by the University at the required delivery point, prior to the Closing as indicated in the Solicitation Document, regardless of the method used to submit or transmit the Solicitation Response.

Q. Pre-Solicitation Response Conferences

(1) Pre-Solicitation Response conferences may be scheduled. Each pre- Solicitation Response conference will be described in the Solicitation Document as "voluntary" or "mandatory." If such a conference is designated as "mandatory," an Offeror must attend in order to submit a Solicitation Response.

(2) If the Offeror is an individual, the Offeror may authorize a representative other than himself/herself to attend the pre- Solicitation Response conference.

(3) Statements made by University representatives at the pre-Solicitation Response conference will not be binding unless a Written Addendum to the Solicitation Document is issued.

R. Offer Security

(1) The University may require in the Solicitation Document submission of a security. Security includes, but is not limited to, a surety bond from a surety company authorized to do business in the state of Oregon, cashier's check, certified check, or savings and loan secured check.

(2) The Solicitation Response security of all unsuccessful Offerors will be returned or released after a Contract has been executed and a performance bond provided (if such a bond is required), or after all Solicitation Responses have been rejected.

S. Addenda to Solicitation Document

(1) The University may change a Solicitation Document by Written Addenda. The University will make reasonable efforts to notify potential Offerors of such Written Addenda by methods that may include, but are not limited to, publication of the Written Addenda on the University procurement website or requiring submission of a notice of interest by potential Offerors to receive Addenda.

(2) The University will issue the Written Addenda within a reasonable time prior to Closing to allow prospective Offerors to consider the Addenda in preparing their Solicitation Responses. The University may extend the Closing if it determines prospective Offerors need additional time to review and respond to Addenda.

T. Clarification of ITBs and RFPs and Requests for Change

Requests for clarification or change of the ITB or RFP must be received by the University in writing by the date indicated in the ITB or RFP.

(1) Such request for clarification or change will include the reasons for the clarification or change, and any proposed changes to Specifications or provisions.

(2) The University will consider all requests for clarification or change and, if appropriate, amend the ITB or RFP by issuing Addenda.

U. Pre-Closing Modifications or Withdrawal of Bids or Proposals

(1) Modifications. An Offeror may modify its Solicitation Response in Writing prior to the Closing. Any modification must include a statement that the modification amends and supersedes the prior Solicitation Response.

(2) Withdrawals. An Offeror may withdraw its Solicitation Response by Written notice, signed by an authorized representative of the Offeror, submitted to the individual and location specified in the Solicitation Document (or the place of Closing if no location is specified), and received by the University prior to the Closing. The Offeror, or authorized representative of the Offeror, may also withdraw its Solicitation Response in person prior to the Closing, upon presentation of appropriate identification and evidence of authority satisfactory to the University.  

V. Formal Procurement Receipt, Opening, and Recording of Bids and Proposals

In all Formal Procurements the University will comply with the following:

(1) Receipt. The University will electronically or mechanically time-stamp or hand-mark each Bid or Proposal and any modification upon receipt. Except as provided in Section O(2) the University will not open the Bid or Proposal or modification, but will store it in a secure place until Opening. If the University inadvertently opens a Bid or Proposal or a modification prior to the Opening, the University will reseal and store the opened Bid or Proposal or modification until the Opening.

(2) Disclosure. Unless otherwise specified in the Solicitation Document, the name of the Entity submitting a Bid or Proposal will be the only information that may be made public until notice of the intent to Award or an Award has been issued.

W. Late Bids and Proposals, Late Withdrawals, and Late Modifications

Any Bid or Proposal, modification, or withdrawal received after the Closing is late. The University will not consider late Bids or Proposals, modifications, or withdrawals except as permitted in Section X. However, the University may adopt a University policy or procedure to accept late bids in circumstances that are determined to be in the best interests of the University if policy or procedure is stated in the Solicitation Document.

X. Mistakes

(1) Generally. To protect the integrity of the Competitive Process and to assure fair treatment of Offerors, the University should carefully consider whether to permit waiver, correction, or withdrawal for certain mistakes.

(2) University Treatment of Mistakes. The University will not allow an Offeror to correct or withdraw a Solicitation Response for an error in judgment. If the University discovers certain mistakes in a Solicitation Response after Opening, but before award of the Contract, the University may take the following action:

(a) The University, in its sole discretion, may waive or permit an Offeror to correct a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Solicitation Response or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include an Offeror’s failure to:

(A) Return the correct number of Signed Solicitation Responses or the correct number of other documents required by the Solicitation Document; or

(B) Sign the Solicitation Response in the designated block, provided a Signature appears elsewhere in the Solicitation Response, evidencing an intent to be bound; or

(C) Acknowledge receipt of an Addendum to the Solicitation Document, provided it is clear on the face of the Solicitation Response that the Offeror received the Addendum and intended to be bound by its terms, or the Addendum involved did not affect price, quality, or delivery.

(b) The University may correct a clerical error if the error is evident on the face of the Solicitation Response or other documents submitted with the Solicitation Response and the Offeror confirms the University's correction in Writing. A clerical error is an Offeror’s error in transcribing its Solicitation Response. Examples include, but are not limited to, typographical mistakes, errors in extending unit prices, transposition errors, and arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations. In the event of a discrepancy, unit prices will prevail over extended prices.

(c) The University may permit an Offeror to withdraw a Solicitation Response after Closing based on one or more clerical errors in the Solicitation Response only if the Offeror shows with objective proof and by clear and convincing evidence:

(A) The nature of the error;

(B) That the error is not a minor informality under this subsection or an error in judgment;

(C) That the error cannot be corrected under subsection (b) of this section;

(D) That the Offeror acted in good faith in submitting a Solicitation Response that contained the claimed error and in claiming that the alleged error in the Solicitation Response exists;

(E) That the Offeror acted without gross negligence in submitting a Solicitation Response that contained a claimed error;

(F) That the Offeror will suffer substantial detriment if the University does not grant it permission to withdraw the Solicitation Response;

(G) That the University's or the public's status has not changed so significantly that withdrawal of the Solicitation Response will work a substantial hardship on the University or the public it represents; and

(H) That the Offeror promptly gave notice of the claimed error to the University.

(d) The criteria in subsection (2)(a) of this section will determine whether the University will permit an Offeror to withdraw its Solicitation Response after Closing. These criteria also will apply to the question whether the University will permit a Offeror to withdraw its Solicitation Response without forfeiture of its Bid bond (or other Bid security) or without liability to the University based on the difference between the amount of the Offeror’s Solicitation Response and the amount of the Contract actually awarded by the University, whether by Award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Offeror or by resort to a new solicitation.

(3) Rejection for Mistakes. The University will reject any Offeror in which a mistake is evident on the face of the Solicitation Response and the intended correct Solicitation Response is not evident or cannot be substantiated from documents submitted with the Solicitation Response.

Y. Low Tie Bids

(1) Definition. Low Tie Bids are low tied Responsive Bids from Responsible Bidders that are identical in price, fitness, availability, and quality and that meet all the requirements and criteria set forth in the Solicitation Document.

(2) Award. In the event of a Low Tie Bid, the University will award the Contract based on the following order of precedence:

(a) An Emerging Small Business that meets the definition in ORS 200.005(3) and that maintains a current certification issued by the State of Oregon;

(b) An Entity whose principal offices or headquarters are located in Oregon;

(c) If neither subsection (a) nor (b) apply, award of the Contract will be made by drawing lots.

Z. Rejection of Individual Solicitation Responses and Offerors

(1) The University may reject, in whole or in part, any Solicitation Response not in compliance with all prescribed Solicitation Response procedures, Contract provisions, and Specifications contained in the Solicitation Document or upon a Written finding by the University that it is in the public interest to do so.

(2) Reasons for rejection. The University may reject a Solicitation Response upon the University's findings that include, but are not limited to, the Solicitation Response:

(a) Is contingent upon the University's acceptance of terms and conditions that differ from the Solicitation Document; or

(b) Takes exception to the terms and conditions (including Specifications) set forth in the Solicitation Document; or

(c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation Document or in contravention of applicable law; or

(d) Offers goods or services that fail to meet the Specifications of the Solicitation Document; or

(e) Is late; or

(f) Is not in substantial compliance with the Solicitation Document; or

(g) Is not in substantial compliance with all prescribed solicitation procedures; or

(h) Does not include the Solicitation Response security as required by the Solicitation Document; or

(i) Does not include an executed certification of non-discrimination in compliance with Section G and compliance with Oregon tax laws.

(3) The University may reject an Offeror upon the University's findings that include, but are not limited to, the Offeror:

(a) Has not met any required mandatory prequalification;

(b) Has been disqualified pursuant to OAR 137-046-0210(3) (Disadvantaged Business Enterprise Disqualification);

(c) Has not met the requirements of the Emerging Small Business Program created in Section G, if required in the Solicitation Document.

(d) That has been debarred in accordance with ORS 279B130 or 279C.440;

(e) Has been declared ineligible by the Commissioner of Bureau of Labor and Industries under ORS 279C.860;

(f) Has within the last five years been found, in a civil, criminal, or administrative proceeding, to have committed or engaged in fraud, misrepresentation, price-rigging, unlawful anti-competitive conduct, or similar behavior;

(g) Is non-Responsible. Offerors are required to demonstrate their ability to perform satisfactorily under a Contract. Before Awarding a Contract, the University must have information that indicates that the Offeror meets the applicable standards of Responsibility. To be a Responsible Offeror, the University may consider:

(A) If the Offeror has appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the Offeror to meet all contractual responsibilities;

(B) If the Offeror has a satisfactory record of contract performance. The University may consider both private and public contracts in determining responsible performance under a contract;

(C) If the Offeror has a satisfactory record of integrity. An Offeror may lack integrity if the University determines the Offeror demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to a state agency. The University may find an Offeror non-Responsible based on the lack of integrity of any person having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror’s performance of the Contract or a parent company, predecessor or successor person);

(D) If the Offeror is qualified legally to Contract with the University;

(E) If the Offeror has supplied all necessary information in connection with the inquiry concerning Responsibility. If the Offeror fails to promptly supply information requested by the University concerning responsibility, the University may base the determination of responsibility upon any available information or may find the Offeror non-Responsible.

(4) Form of Business Entity. For purposes of this rule, the University may investigate any Entity submitting a Solicitation Response. The investigation may include the Entity's officers, directors, owners, affiliates, or any other person acquiring ownership of the Entity to determine application of this policy.

(5) Notice. If an Offeror or a Solicitation Response is rejected in accordance with this policy, the University will provide written notice of such rejection to the Offeror. The notice will include the grounds for rejection and a statement of the Offeror’s appeal rights and applicable appeal deadlines. If an Offeror wishes to appeal the decision to reject the Offeror or Solicitation Response, the Offeror must notify the University, in Writing, within three Days after receipt of the notification.

AA. Rejection of All Solicitation Responses

Rejection. The University may reject all Bids or Proposals whenever the University finds it is in the University’s best interest to do so.

BB. Disposition of Solicitation Responses if Solicitation Cancelled

(1) Prior to Solicitation Response Opening. When a solicitation is cancelled prior to Opening, all Solicitation Responses received will be destroyed.

(2) After Solicitation Response Opening. When all Solicitation Responses are rejected, the Solicitation Responses received will be retained and become part of the University's permanent solicitation file.

CC. Protest of Contractor Selection, Contract Award, and Protest of Solicitation Document

(1) The purpose of this section is to require adversely affected or aggrieved Offeror on University solicitation to exhaust all avenues of administrative review and relief before seeking judicial review of the University's selection or Award decision.

(2) Types of Protests. The following matters may be protested:

(a) A determination of responsibility or lack thereof;

(b) A determination of responsiveness or lack thereof;

(c) The rejection of a Solicitation Response, unless notice of rejection has been previously provided under Section Z(5) of this policy;

(d) The content of a Solicitation Document;

(e) The selection of one or more Contractors. A protest may be submitted only by an Entity that can demonstrate that it has been or is being adversely affected by University decision or the content of a Solicitation Document.

(3) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to the University within three (3) Days after the Award of a Contract or issuance of the notice of intent to Award the Contract, whichever occurs first. Protests must be clearly marked on the outside of the envelope with the title or the number of the Solicitation Response and that it is a protest to ensure that it is recognized and recorded.

(4) Content of Protest. An Offeror’s protest must fully specify the grounds for the protest and include all evidence that the protestor wishes the Vice President for Finance and Administration or designee to consider. Failure to include any ground for the protest or any evidence in support of it will constitute a final, knowing, and voluntary waiver of the right to assert such ground or evidence. A protest must include a conspicuous marking identifying the type and nature of the protest.

(5) A protest of a Solicitation Document may be made only if a term or condition of the Solicitation Document, including, but not limited to, Specifications or Contract terms violates applicable law. The University will (upon altering the Solicitation Document in response to a protest) promptly transmit the revised Solicitation Document to all Offerors and extend the Closing where appropriate. The University may choose, in its sole discretion, to close the procurement process without making an Award and begin a new procurement process.

(6) A protest of the selection of one or more Contractors requires the protestor to demonstrate, as applicable;

(a) That all higher-ranked Offerors were ineligible for selection or that the protestor would have been "next in line" to receive the Award and was eligible for selection; and

(b) That the Offeror selected was ineligible.

(c) In the case of a sole source procurement, that the Single Seller selected is not the only Contractor or consultant reasonably available to provide the personal or professional services, goods, services, Professional Consultant services as defined in Section B, Construction-Related Services as defined in Section B, or combination of Professional Consultant services and Construction-Related Services.

(7) A protest of the rejection of a Solicitation Response must demonstrate that the University's decision was materially in error or that the University committed a material procedural error and that any such error, alone or in combination with other errors, was a "but for" cause of the rejection.

(8) Response. The Vice President for Finance and Administration, or their designee, will have the authority to settle or resolve a Written protest. A protest received after the time set out in the Solicitation Document will not be considered. The Vice President for Finance and Administration or designee will issue a Written final agency order of the protest in a timely manner. If the protest is upheld, in whole or in part, the University may, in its sole discretion, either Award the Contract to the successful protestor or cancel the procurement or solicitation. Contract Award may be made prior to issuance of the final agency order if authorized by the Vice President for Finance and Administration, or their designee.

(9) Judicial Review. Judicial review of the University' decision relating to a Contract Award protest will be available pursuant to the provisions of ORS 183.480 et seq.

DD. Right to Inspect Plant

The University may, at reasonable times, inspect the part of the plant or place of business of a Contractor or any subcontractor that is related to the performance of any prospective Contract or Awarded Contract.

EE. Invitation to Bid and Request Proposal Negotiations

(1) The University may negotiate with the lowest-cost Bidders after determining that that the Bids are Responsive and from Responsible Bidders.

(2) The University may, if it has given notice in the Solicitation Document, commence negotiations in accordance with sections EE(3) and EE(4) with Proposers in the competitive range. For purposes of this rule “competitive range” means the highest-ranked Proposers based on evaluating all Responsive Proposals in accordance with the evaluation criteria set forth in the Solicitation Document.

(3) If the University chooses to enter into discussions with and receive best and final Proposals, the University will proceed as follows:

(a) The University will initiate oral or written discussions with all Proposers submitting Responsive Proposals or all Proposers in the competitive range regarding their Proposals with respect to the provisions of the Solicitation Document that the University identified in the Solicitation Document as the subject of discussions.

(b) The University may conduct discussions with each eligible Proposer necessary to fulfill the purposes of this section (3), but need not conduct the same amount of discussions with each eligible Proposer. The University may terminate discussions with any eligible Proposer at any time. However, the University will offer all eligible Proposers the same opportunity to discuss their Proposals with the University before the University notifies eligible Proposers of the date and time pursuant to subsection (d) that best and final Proposals will be due.

(c) The University may adjust the evaluation of a Proposal as a result of a discussion under this section. The conditions, terms, or price of the Proposal may be altered or otherwise changed during the course of the discussions provided the changes are within the scope of the Solicitation Document.

(d) If best and final Proposals are required, the University will establish a common date and time by which Proposers must submit best and final Proposals. Best and final Proposals will be submitted only once, provided, however, the University may make a written determination that it is in the University's best interest to conduct additional discussions, negotiations, or change the University's requirements and require another submission of best and final Proposals. The University will evaluate Proposals as modified.

(4) Negotiations.

(a) The University may commence serial negotiations with the highest-ranked eligible Proposer or commence simultaneous negotiations with all eligible Proposers.

(b) The University may negotiate:

(A) The statement of Work;

(B) The Contract Price as it is affected by negotiating the statement of Work; and

(C) Any other terms and conditions reasonably related to those expressly authorized for negotiation in the Solicitation Document. Accordingly, Proposers will not submit and the University will not accept for negotiation, any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the Solicitation Document.

FF. Disqualification from Consideration for Award of Contracts

(1) The University may disqualify an Entity from consideration for award of University Contracts for the reasons listed in subsection (2) of this section after providing the Entity with notice and a reasonable opportunity to be heard.

(a) The University may rely upon a disqualification of an Entity by another Public University or exclusion by the federal government or the State of Oregon.

(b) In lieu of the disqualification process described in this section, the University contracting for a Public Improvement may petition the Construction Contractors Board to disqualify an Entity from consideration for award of the University's Public Improvement Contracts for the reasons listed in section FF(2).

(2) An Entity may be disqualified from consideration for Award of a Contract for any of the following reasons:

(a) A primary employee of the Entity has been convicted of a criminal offense as an incident of obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(b) A primary employee of the Entity has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects the person's responsibility for the Entity;

(c) A primary employee of the Entity has been convicted under state or federal antitrust statutes;

(d) A primary employee of the Entity has committed a violation of a contract provision that is regarded by the University or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include, but is not limited to, a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the Entity may not be considered to be a basis for disqualification;

(e) The Entity does not carry workers' compensation or unemployment insurance as required by statute.

(3) The University will issue a Written decision to disqualify an Entity under this section. The decision will:

(a) State the reasons for the action taken; and

(b) Inform the disqualified Entity of the appeal rights of the Entity under ORS 279C.445 and 279C.450.

(4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the disqualified Entity.

(5) Appeal of Disqualification. An Entity who wishes to appeal disqualification must, within three (3) business days after receipt of notice of disqualification, notify the University in Writing that the Entity appeals the disqualification. Immediately upon receipt of the notice of appeal, the University will notify the Vice President for Finance and Administration, or designee.

(6) The Vice President of Finance and Administration, or designee, will conduct the appeal generally consistent with the procedures set forth in ORS 279C.450. The Vice President of Finance and Administration, or designee, may share the final outcome of the appeal with all public universities in Oregon.  

Unless a compelling educational reason exists, no lower division section enrolling fewer than ten students will be continued. The responsibility for determining whether a compelling educational reason exists for a particular class will be exercised by the institutional executives through their instructional deans. At the upper division level, regular class sections enrolling fewer than ten students will be discouraged. It is recognized, nonetheless, that upper division electives and required sequences in specialized curricula may make it necessary to offer classes below the standard of ten students at the upper division level in more numerous instances than at the lower division level. Seminars, thesis, and reading and conference offerings are not to be construed as regular classes for purposes of this standard.

Because of the individualized nature of graduate study, no specific standard related to class size is proposed at the post-baccalaureate level.

When consistent with operational needs and other eligibility considerations (see Flexible Work Arrangements Procedures), the university supports flexible work arrangements as stated in this policy.

Flexible work arrangements are based on the specific needs of the unit—either on an ongoing basis or at a particular time—and the ability of the individual employee to work effectively in a flexible work arrangement. An approved flexible work arrangement does not reduce expectations regarding an employee’s performance, and does not serve as a precedent for a future arrangement within a department or unit. Employee-requested flexible arrangements are a privilege, are revocable, and should not be an expectation of employment.

The university is an organization with work environments that vary widely and require specific staffing to function effectively. Flexible work arrangements are not appropriate for all positions, times of year, or campus settings. Additionally, health, safety, privacy/security, technology concerns and limitations, and other relevant considerations may preclude a flexible work arrangement. Flexible work arrangements that reduce duties or total working hours must follow HR processes and include a reduction in FTE. These types of arrangements may impact benefit eligibility and/or tax obligations.

In some circumstances a flexible work arrangement may help expedite an employee’s return to work from a leave of absence. Employees out on protected leave should not be expected to work, regardless of any flexible work arrangement that may be in place.

Employees with flexible work arrangements remain subject to applicable university policies and procedures, collective bargaining agreements, and federal and state laws.

Types of Flexible Work Arrangements:

Types of flexible work arrangements include:

1. Flexible Schedule

A flexible schedule refers to an arrangement that permits variations in starting and departure times, but does not alter the total number of hours worked in a work week.

2. Compressed Work Week

A compressed work week refers to a schedule wherein the total number of hours worked each week are conducted in less than five (5) full workdays. The most common compressed schedule is four 10-hour workdays per week.

3. Telecommuting

Telecommuting refers to an arrangement that allows an employee to work at home or from another off-site location for a specified number of hours per week.

4. Reduced Work Week (Part-time)/ Reduced Work Year

A reduced work week or reduced work year is an arrangement that allows an employee to reduce their time commitment to the university on a permanent or temporary basis (e.g. reduction from 1.0 FTE to .75 FTE or a 12-month to 9-month appointment). Consultation with an Employee Labor Relations representative is required to determine feasibility, duration of time, and impact on pay, benefits, and/or taxes, as well as to determine if there are other policies that may apply to the request.

5. Job Sharing

Job Sharing refers to a form of regular part-time work in which two people share the responsibilities of one regular full-time position. Job responsibilities, tasks, and hours may be split evenly or unevenly between the two individuals. Consultation with an Employee Labor Relations representative is required to determine feasibility, duration of time, and impact on pay and benefits, as well as to determine if there are other policies that may apply to the request.

Conditions of Employment:

Generally, performance expectations do not change as a result of flexible work arrangements. Employees with flexible work arrangements are generally subject to the same criteria and process for performance evaluation as would apply without the flexible work arrangement. HR and individual units, however, may implement practices and provide training specific to flexible work arrangements as long as such practices are consistent with university policies and procedures.

Employees with flexible work arrangements remain subject to applicable university policies and procedures, collective bargaining agreements, and federal and state laws. For example, all non-exempt employees must document (via timesheet, time and attendance system, etc.) actual hours worked and leave used, take required meal and rest periods, and have overtime pre-approved by their supervisor.

Nothing in this policy limits the university’s ability to determine, based on all relevant considerations, an employee may be required to work outside of normal business hours, telecommute, or otherwise alter their work hours or location. When such changes are necessary, the university will implement such changes in accordance with applicable policies, procedures, and collective bargaining agreements.

Modifying Flexible Work Arrangements:

The supervisor, in consultation with their unit and University HR, may modify an employee’s flexible work arrangement, up to and including returning to the unit’s usual and customary working hours and/or location, without an employee’s consent, where such a change is needed to meet operational needs. The reason for the modification should be communicated, in advance, to the employee and appropriate revisions should be made to the Flexible Work Arrangement agreement. A supervisor’s modification of the arrangement, up to and including defaulting back to the unit’s normal working hours and/or location is not considered discipline.

Before modifying or discontinuing a flexible work arrangement that was granted for medical reasons, the department must consult with the ADA Coordinator to ensure that the change does not violate the ADA.

The University of Oregon supports faculty, staff, and student employees (including Graduate Employees) in their pursuit of a balanced lifestyle. The university offers programs, policies, referrals and education that support employees at work, school, and home.

University leaders, managers, and supervisors are expected to provide support and flexibility to their employees, while at the same time, ensuring that the unit is able to meet operational needs. Whenever possible, supervisors are strongly encouraged to provide support and flexibility when employees have personal needs that arise outside the workplace or classroom. These needs may include, but are not limited to: death of a loved one; caring for children or other family members; personal physical, mental and emotional wellness; major life changes, such as job loss, birth or adoption of a child, etc.

University leaders, managers, and supervisors have the discretion to establish and implement work-life balance-related practices and are encouraged to give serious consideration to all reasonable requests on a case-by-case basis. Arrangements should be authorized only when it does not create unreasonable challenges for the University.

Within these guidelines, the responsibility for determining the relevance, feasibility, and timing of work-life arrangements rests with the supervisor. Considerations, including but not limited to, operational needs, safety concerns, and avoidance of disruptions to regular activities will always be substantial factors in such determinations.

University leaders, managers, and supervisors must continue to remain in compliance with all related federal and state laws, university and unit-level policies, and collective bargaining agreements.

The purpose of this document is to provide a framework to guide planning and decision-making in the event that a significant disruption to campus operations impedes academic activity. The goal is to continue academic activities as much as possible and to mitigate the effects of a significant academic disruption, which include particularly grave academic and financial consequences for graduating students, international students, and students receiving financial aid. Students rely on the university to provide the best possible opportunities to learn and the efforts to respond to disruption should keep student learning as the central priority.

1. PRINCIPLES

Academic integrity: Standards of evaluation should not be diluted due to a significant disruption, and reductions in instruction and student support should be minimized. Instructors of record shall retain primary authority over how to manage their courses, assignments, instruction and grades, subject to modifications approved by the Academic Council in the Academic Continuity Plan, as per this policy’s rules for Instructors of Record.

Transparency for students, instructors and staff: Students, instructors and staff shall be informed in a timely manner of changed requirements, changes to academic activities, and procedures during and after the conclusion of a disruption, to the greatest extent reasonable given the circumstances of the disruption.

Fairness for students: Students who are unable to participate in academic activities or complete academic requirements due to a significant academic disruption shall not be penalized for lack of participation or completion of requirements, shall have reasonable alternative access to materials covered in their absence, shall have reasonable extensions of deadlines and access to such other remedies as deemed necessary by the Academic Council consistent with the principle of academic integrity.

2. DEFINITIONS

Academic Activity: Any work subject to evaluation or necessary for a student to meet the learning objectives and requirements of a course or program of study, and the evaluation and grading of such work by instructors of record.

Academic Council: The UO Constitution and Section 6 of the Senate Bylaws establish the Academic Council and its membership (see Related Resources).

Emergency Grades: Grades issued after a significant academic disruption results in reduced instructional time, inability to complete all assignments or exams, or inability to complete grading of assignments or exams by Instructors of Record.

Instructor of Record: For the purposes of this policy:

1. 1. 1. The Instructor(s) of Record for a course are the instructor(s) assigned by academic units to teach a course. They must be actively engaged in teaching the course and are responsible for issuing final grades. Instructors of Record shall be listed in the Registrar’s course registration system (currently BANNER/Duckweb) by the beginning of the term. This listing shows who has the ability to assign and change final grades except as otherwise explained in this policy. Units shall assign Graduate Employees as Instructors of Record for courses for which they have primary teaching and grading responsibility. Section leaders and graders may be listed in the course registration system e.g. as section leaders, but they are not Instructors of Record for that course.
      2. Replacement Instructors of Record: If an Instructor of Record leaves the university permanently or is otherwise not expected to return to duty before final grades are due, the unit head or designee may remove the original Instructor of Record, and appoint a Replacement Instructor of Record to take on the full duties and responsibilities including teaching and grading.
      3. Additional Instructors of Record: If an Instructor of Record takes a temporary absence from their duties and is expected to return before final grades are due, the unit head or designee may appoint an additional Instructor of Record. The original Instructor of Record retains authority for final grades unless their absence becomes or is expected to become permanent, in which case the rule regarding replacements holds.

Significant Academic Disruption: A significant extended impediment to academic activities that limits learning and or grading.

Academic Continuity Plan: A plan for maintaining learning and assigning grades during a Significant Academic Disruption.

3. PROCEDURE FOR ACTIVATING ACADEMIC CONTINUITY PLANS DURING A SIGNIFICANT ACADEMIC DISRUPTION

As per policies established by the Office of Safety and Risk Services for the purpose of emergency management and continuity, the President of the University, or designee, can declare a “Campus State of Emergency.” Such a declaration activates the UO Emergency Operations Plan and Incident Command System, of which Academic Continuity is one part.

After such a declaration, the Academic Council will be convened to determine, in coordination with designees from the Office of the Provost, an appropriate Academic Continuity Plan, if needed, to manage any associated disruption of academic activity. Approval of any such plan will require a majority vote of the faculty members of the Academic Council.

For the purposes of this policy, after a “Campus State of Emergency” has been declared, voting faculty members of the Academic Council who are unable or unwilling to serve will be replaced by faculty designees from their relevant committees, selected by the respective committee. If an Academic Council member is unable or unwilling to select a replacement, the Senate President or designee with advice from the remaining members of the Academic Council shall make appointments from the statutory faculty with a preference for current or past members of the relevant committees.

The Academic Continuity Plan shall include provisions for continuation of academic activities and awarding of grades. Because a Significant Academic Disruption may affect academic activities differently across campus, the Academic Continuity Plan may provide a range of options which maintain academic integrity, and transparency and fairness for students. These may include alternative instructional times and methods, use of online technology for instruction and assignments, modified assignments, extended deadlines, exceptions to prerequisites and grade requirements, etc.

The Academic Council’s Academic Continuity Plan may also authorize Emergency Grades, as explained below under “Emergency Grades”.

Academic unit heads, under the direction of their Deans, will coordinate implementation of the academic continuity plan with instructors in their units.

After the University President declares an end to a University Emergency, the Academic Council, with input from the Office of Provost, will decide when to declare an end to the Significant Academic Disruption and will provide a plan for winding down the Academic Continuity Plan.

Any Academic Continuity Plans and their implementation must comply with all existing collective bargaining agreements.

4. CONTINUATION OF ACADEMIC ACTIVITIES

The Academic Council will consider the following factors in managing a Significant Academic Disruption:

• Duration and point in the academic term of the disruption.
• Availability of physical and instructional resources.
• Impact on attendance of students, instructors and other necessary personnel.
• Impact of timing and sequence of evaluations such as exams, practica, assignments, presentations, etc.
• The Academic Continuity Plan shall include provisions for continuation of academic activities and awarding of grades. Because a Significant Academic Disruption will affect academic activities differently across campus, the academic continuity plan shall provide a range of options which maintain academic integrity, transparency for students, and fairness for students as described above. These might include alternative instructional times and methods, use of online technology for instruction and assignments, modified assignments, extended deadlines, exceptions to prerequisites and grade requirements, etc.
• Department heads, under the direction of their Dean, will coordinate implementation of the academic continuity plan with instructors in their unit.

During a Significant Academic Disruption, unaffected Instructors of Record are expected to make reasonable efforts to continue their assigned academic activities in their courses by modifying instructional modality, assignments, exams, due dates and grading. As a matter of best instructional practice, instructors should use the official university learning management system (LMS) to post syllabi, assignments, grades, and course materials for all courses each term. In addition to advantages for student success, use of the LMS and planning course activities two to three weeks out will aid in responding to a sudden significant academic disruption. In the event of a disruption of the LMS, the Academic Council will advise on alternative methods of continuing academic activities outside the LMS if alternatives are available.

Should a significant academic disruption prevent physical access to campus for students and instructors, such as during a pandemic, every reasonable effort should be made to continue academic activity online using the university LMS. Instructors should strive to maintain contact hours, workload expectations for students and record progress and grades in the LMS for their courses. This may include:

• Online instruction using recorded lectures, slide shows with voice over, live discussions, or other interactive sessions;
• Self-paced module assignments;
• Online quizzes;
• Office hours using chat function.

5. EMERGENCY GRADES

Provisions for Emergency Grades in the Event of Significant Disruption

When a significant academic disruption is declared by the Academic Council at a time that may interfere with calculating and recording final grades in the student information system, the Academic Council may authorize the use of the emergency grades defined below. Emergency grades may be appropriate when a significant academic disruption results in reduced instructional time, inability to complete assignments or exams, or inability to complete grading of assignments or exams.

Emergency grades may be temporary or permanent depending on circumstances. Grades and academic credit are determined by the amount and quality of academic work completed. The Academic Council, in consultation with the University Registrar, the Office of Financial Aid, and the President and Provost or their designees, will make that determination at the conclusion of a Significant Academic Disruption. At that time, the Academic Council may declare one of the following regarding PE, NE and IE grades:

• All emergency grades are to remain in place permanently;
• All emergency grades are to be replaced with regular grades;
• The emergency grades are to be replaced with regular grades by the Instructors of Record, where they have enough information to award regular grades. Otherwise, the PE, NE and IE grades remain in place.

PE: Satisfactory performance under circumstance of significant academic disruption. When authorized, the grade of PE indicates performance of C- or above for undergraduate work, and B- or above for graduate work under the circumstance of a significant academic disruption. The grade of PE carries academic credit.

NE: Less than satisfactory performance under circumstance of significant academic disruption. When authorized, the grade of NE indicates performance of D+ or lower for undergraduate work, and C+ or lower for graduate work under the circumstance of a significant academic disruption. A grade of NE does not carry academic credit. A grade of NE will require recording a last date of participation.

IE: Incomplete due to significant academic disruption. When authorized, the grade of IE indicates that a portion of the requirements has not been fulfilled, due to a significant academic disruption of the University's academic activities. A letter grade may be assigned if the work is subsequently completed. To receive a letter grade, the work must be completed prior to a date set by Academic Council. If the work is not completed prior to the established completion date, the grade will remain an IE on the transcript but may be petitioned to be changed. A grade of IE does not carry academic credit and need not be resolved prior to graduation.

If the Academic Council determines that a Significant Academic Disruption is serious or prolonged enough, it may authorize the University Registrar to enter emergency grades into the course grading system. Once Emergency Grades have been authorized by the Academic Council, the default grade entered by the University Registrar will be an IE. The Academic Council may authorize Instructors of Record or their replacements to issue NE or PE grades.

Emergency grades will not be included in calculations of grade point average and students with an emergency grade are exempt from the course repeat policy for that course. When used as the final grade for a course, the PE grade is treated the same as the P* grade in determining total credits and minimum required UO credits under the university’s bachelor’s degree requirements.

Academic units will determine how they will handle grades of PE, NE and IE in courses that serve as prerequisites for other courses, required courses, and for courses that have a minimum grade requirement or contribute to an overall GPA requirement.

Student transcripts will contain a description of any Significant Academic Disruption that occurs during the student’s enrollment and is relevant to their academic progress and grades.

All University of Oregon web pages and other information and communication technologies (ICT) should be made accessible to the widest range of users, including those with disabilities, as described in more detail in the procedures accompanying this policy. A person with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use. The person with a disability must be able to obtain the information as fully, equally and independently as a person without a disability. Unless an exemption is approved by the University President or their designee, all colleges, departments, offices and entities of the University will create, update, and disseminate ICT by making it consistent with the prevailing national access standards as set forth in the procedures that accompany this policy.

This is a rolling adoption, with certain ICT prioritized over others, and its schedule will be set forth separately in the procedures accompanying this policy.

The Chief Information Officer or their designee, will define and oversee an inter-departmental Information and Communication Technologies Access Committee (ICT Access Committee) to implement, maintain and enforce procedures, procurement processes, and accessibility guidelines covering the University of Oregon digital environment to ensure that the university is fulfilling its commitment to accessibility for all and complying with applicable law. This digital environment includes, but is not limited to, web-based and native applications, media productions and presentations, and other emerging hard- and software technologies. Procedures, resources, and exemption criteria shall be reviewed and amended as necessary on an as-needed basis by the ICT Access Committee.

While the ICT Access Committee is responsible for the creation and periodic revision of these evolving guidelines, it is incumbent upon those who create, procure, maintain, or are otherwise responsible for university ICT to ensure the accessibility of the technology and associated content. This obligation is ongoing and will require regular monitoring and evaluation as described in more detail in the procedures accompanying this policy.

The university will provide training opportunities and assistance, where appropriate.

Exemptions / Alternative Processes

Requests for exemptions from accessibility requirements must be approved by the University President or their designee(s), pursuant to the procedures accompanying this policy. Exemptions will be granted when action would result in a fundamental alteration in the nature of its program or activity or undue financial and administrative burdens, as determined by the University President or their designee(s), and must be accompanied by a written statement. The determination that an undue burden or fundamental alteration would result must be based on all resources available for use. If an action would result in a fundamental alteration or undue burden, the University of Oregon will pursue other appropriate options to provide individuals with disabilities the benefits and services of the program or activity in an equally effective and equally integrated manner, with substantially equivalent ease of use, as fully, equally and independently as individuals without disabilities.

A. Academic Staff Holidays

(1) The following are University holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The University will be closed on these days. However, units deemed by the University to provide a necessary function may remain open at the discretion of the University. Other holidays designated by state law, such as Veteran's Day, Presidents' Day and Martin Luther King, Jr.'s Birthday, are not University holidays unless the University is closed by a discretionary act of the President. The President may designate the day after Thanksgiving as a University holiday in lieu of one of the listed discretionary holidays.

(2) Any business transaction required or permitted to be performed on a holiday designated by state law may be performed on the next succeeding business day without penalty, even though the University may be open on the holiday.

(3) Holidays for academic staff shall be those days designated as University holidays (as described in section (1) of this policy), holidays designated by faculty collective bargaining agreements, and any additional day designated by the Governor.

(4) Holidays observed by classified employees are established by collective bargaining agreements.

The University of Oregon promotes the use of personal transportation devices as forms of transportation which enhances the university’s goals for a more sustainable campus.

A. Definitions:

(1) “Personal Transportation Device”: Any device upon which any person may ride and is propelled by motor and/or by human power, but which is not a licensed motor vehicle as defined by the State of Oregon. This includes bicycles; motorized bicycles; skateboards; electronic skateboards including hover boards, electronic scooters; self-balancing boards/scooters; roller/in-line skates; and other similar devices.

(2) “Licensed motorized vehicle”: A motor vehicle that is required by the State of Oregon to have a vehicle registration or title and/or a license plate. This includes: cars, vans, motorcycles, mopeds, trucks, golf carts, utility vehicles, buses. This includes motor vehicles licensed by other states.

(3) “Pocket bike and mini motorcycle”: A two-wheeled vehicle having an engine with more than 35 cc and capable of a top speed in excess of 24 miles per hour on level ground.

(4) “Personal assistive mobility device”: A device being used or ridden by a person with a temporary or permanent medical condition that limits their mobility and necessitates the device’s use.

(5) “Third Party-Owned Personal Transportation Device”: Any Personal Transportation Device that is not personally-owned by an individual. An electric scooter that is part of a rental fleet is an example of a Third Party-Owned Personal Transportation Device.

(6) Impound: To take and store a Personal Transportation Device in legal custody.

(7) Impound fee: Sum paid to release an impounded Personal Transportation Device.

B. Operation

(1) All persons operating a Personal Transportation Device on university owned or controlled property are to comply with all applicable State of Oregon statutes, university policies and procedures, and traffic control devices.

(2) Operators of Personal Transportation Device must obey all the laws of vehicular traffic when on the roadway; and shall not engage in acrobatic riding or other acts or maneuvers which may endanger the safety of the device operator or others or damage property.

(3) Operation of Personal Transportation Device is permitted in bike lanes, roadways, and campus shared paths designated as bicycle routes. Operators must yield to pedestrians.

(4) Operation of Personal Transportation Devices is prohibited on sidewalks and paths not designated as bicycle routes; stairs, ramps and railings; vegetation, lawns, benches, tables, planters, and other surfaces not intended for vehicular travel; or inside and at the entrance to university owned or controlled facilities and parking structures, including but not limited to such facilities’ loading docks, driveways, and access ramps.

(5) During visibility-limiting conditions, such as between sunset and sunrise, bicycles must be equipped with a front white light visible from 500 feet and a rear red light or reflector visible from 600 feet, consistent with Oregon state law.

C. Parking, Storage and Impound

(1) Personal Transportation Devices shall be parked only in areas specifically designated for storage of such devices and in accordance with facility-specific policies and procedures. Indoor storage of motorized or electronic Personal Transportation Devices is prohibited in university owned or controlled property.

(2) Personal Transportation Devices may not be left unattended on or at ramps, entrances, or other facilities designated for persons with physical disabilities or in such a manner as to impede the free and clear use of such facilities.

(3) Personal Transportation Devices are prohibited from remaining parked and unmoved in designated spaces for 30 days. Personal Transportation Devices parked or stored in an area not specifically designated are subject to immediate removal.

(4) Charging of electronic Personal Transportation Devices is prohibited in university owned or controlled property except at designated charging stations.

(5) Transportation Services and the Police Department may move, assess fees, or impound any Personal Transportation Device operated or stored in a manner that violates university policy.

(6) Transportation Services and the Police Department shall not be liable for any damage, repair, or replacement associated with moving or impounding of any Personal Transportation Device operated or stored in a manner that violates university policy.

(7) Any impounded Personal Transportation Device not claimed within 60 calendar days by the owner will be disposed of by the university in accordance with university procedures outlined by Transportation Services.

D. Third Party Owned Personal Transportation Devices

(1) Only Third Party-Owned Personal Transportation Devices belonging to a vendor that has been approved by Transportation Services are permitted on campus.

(2) Third Party-Owned Personal Transportation Devices belonging to a vendor that has not been approved by Transportation Services are subject to immediate impound.

(3) Third Party-Owned Personal Transportation Devices left unattended on campus or not parked in an area specifically designated for them may be considered abandoned and subject to immediate impound.

E. Responsibility and Corrective Action

(1) The owner and operator of a Personal Transportation Device are responsible and liable for all damage or injury caused by device, whether to persons or property. The owner and operator assume the risk of personal injury and death and will be held responsible for any injuries to themselves or others as a result of any violation of this policy or the improper operation of any Personal Transportation Device on university property.

(2) Any person who violates this policy may be subject to university fine or citation. Employees will be subject to corrective action pursuant to applicable UO policies and CBAs, and students will be subject to the Student Conduct Code proceedings and sanctions. Visitors (including but not limited to guests, volunteers, and other members of the public) who violate this policy may be trespassed from campus and may otherwise lose their right to use university property and/or to participate in university-sponsored programs and activities.

I. OVERVIEW

Teaching, research, administration, and public service are essential to the mission of the University of Oregon. The function of the University is enhanced by ethical relationships between employees and outside entities. The University encourages employees to engage in outside activities that advance the mission of the University with the expectation that those activities be proactively disclosed, when required by this policy, if they would or could present a conflict of interest (defined below) so they can be managed in a manner that protects integrity, ensures legal compliance, and promotes good stewardship of public resources.

This policy should be read as protecting the academic and personal freedoms of those choosing to engage in outside activities. This policy recognizes the importance of those activities and the value of the application of knowledge outside the institution by authorizing employees’ outside activities.

According to Oregon Statute, in order for employees to be able to receive outside compensation, the University must authorize employees to receive outside compensation (ORS 352.232). Further, the University is prohibited from authorizing outside compensation that “does not comport with the mission of the public university or substantially interferes with an officer’s or employee’s duties to the university.” (ORS 352.232(2))

This policy does not ban outside activities. Rather, it provides a path to authorizing such activities while also complying with applicable state laws. This policy also provides an appeal process and a process for reporting concerns regarding potential conflicts of interest of employees.

II. DEFINITIONS

Conflict of commitment: A situation where an individual engages in outside activities, either paid or unpaid, that substantially interfere with the individual’s duties to the University of Oregon.

Conflict of interest: Any action, decision, or recommendation by a person acting in their capacity as a University employee that would (for actual conflicts) or could (for potential conflicts) have a private financial impact on the person or their relative, or any business with which either is associated. ORS 244.020(1), (13).

Consulting: Providing expert knowledge or advice to an entity or person. It does not include conducting research and development or the creation of technological improvements, inventions, or software.

Consulting entity: Any business, company, or other organization, including (but not limited to) any partnership, corporation, limited liability corporation, or other institution whether public, for-profit, or not-for-profit that provides expert knowledge or advice to an entity or person.

Employee: Any employee, official, or agent as defined by state law.

Entity: Any business, company, or other organization, including (but not limited to) any partnership, corporation, limited liability corporation, foreign government or agent, or other institution whether public, for-profit, or not-for-profit.

Duties: Responsibilities expected and performed on behalf of the University for which people are employed by the University, as described in a position description, unit-level workload policy, assigned by a supervisor, or otherwise required of an employee by the University.

Outside activities: Things that an employee does which are not duties and are not performed on behalf of the University.

III. GENERAL GUIDELINES

1. Employees are encouraged to engage in outside activities that comport with the mission of the University, including but not limited to dissemination, translation, application, and commercialization of research, scholarship, and creative activity beyond the University.
2. Employees generally may not:
   1. Make private, commercial use, without permission, of University supplies, facilities, equipment, employees, records, intellectual property, or any other University resources.
   2.  Use non-public information accessed as a University employee to obtain a private financial benefit for the employee.
   3. Engage in activities that substantially interfere with the employee’s duties to the University (conflict of commitment). The following are examples of instances in which outside activities are presumed not to substantially interfere with an employee’s duties.
      1. For all employees, time commitments while employees are on leave and during University holidays are presumed not to substantially interfere with the employee’s duties to the University.
      2. For all hourly and part-time employees, outside activities that are performed outside of that employment are presumed not to substantially interfere with the employee’s duties to the University.
      3. For full-time 9-month faculty, time commitments that do not exceed one day in each seven-day week, generally averaged over a quarter, are presumed not to substantially interfere with the employee’s duties to the University. For part-time 9-month faculty, the same principle applies but is prorated by FTE.
      4. For both full- and part-time 9-month faculty, any time commitments during the summer months are presumed not to substantially interfere with the employee’s duties to the University unless they have a paid appointment during the summer, in which case the one-day-in-seven principle in 3.c applies during the period of their appointment.
      5. For all sabbatical-eligible faculty, outside activities conducted during a sabbatical are presumed not to substantially interfere with an employee’s duties to the University if they are included as part of sabbatical plan approved by the Provost.

IV. OUTSIDE ACTIVITIES

Some outside activities can be conducted without prior approval, while other outside activities require approval before an employee can engage in the outside activity because of the risk that the outside activity might present a conflict of interest and may need to be actively managed. The President or designee(s) is charged with deciding whether outside activities constitute a conflict of interest and need to be actively managed.

1. 1. Exempt Outside Activities for Which Disclosure and Approval Are Not Required

Prior approval is generally not required for outside activities identified below. However, if any of these outside activities create an actual or potential conflict of interest or conflict of commitment, the employee must disclose the outside activity.

1. 1. 1. Exempt Outside Activities Unrelated to University Employment

As long as they follow the general guidelines (Section III), employees are generally not expected to disclose outside activities unrelated to their University employment. If there is any doubt whether the outside activity may interfere with the employee’s duties to the University, or may be related to the employee’s University employment, the employee must disclose the outside activity pursuant to this policy.

1. 1. 2. Exempt Outside Activities Related to University Employment

As long as they follow the general guidelines (Section III), employees are not expected to disclose:

1. 1. 1. 1. Reimbursement for travel. Such activity remains subject to ORS 244.025 regarding gifts and ORS 244.042 regarding honoraria.
         2. Appearances, performances, exhibits, or publications.
         3. Outside activities of “student employees” or “graduate employees.”
         4. Consulting as an individual or sole proprietor.
         5. Uncompensated outside activities.
         6. Employment that does not fall under IV.B below.

Employees must ensure that when they are engaging in outside activities that do not require prior approval, they comply with other University policies, including but not limited to the Policy on Inventions, License Agreements, Educational & Professional Materials Development, Patents & Copyrights (II.07.02).

1. 2. Outside Activities for Which Prior Disclosure and Approval are Required

An employee must seek prior approval pursuant to Section V for all outside activities that may give rise to actual or potential conflicts of interest. Even when the general guidelines (Section III) are followed, employees must seek prior approval for the following (unless exempt under section IV.A.):

1. 1. 1. Ownership of equity in an entity, including a consulting entity, that carries on activities closely related to the University employee’s duties and/or field of expertise. This excludes consulting as an individual or sole proprietor.
      2. Outside activities performed in exchange for equity in an entity that carries on activities closely related to the University employee’s duties and/or field of expertise. This excludes publicly-traded equity unless the employee has a majority ownership in that entity.
      3. Outside activities closely related to the University employee’s duties and/or field of expertise that involve research and development and/or the creation of technological improvements, inventions, or software.
      4. Managing or significant participation in the day-to-day operations of an entity that carries on activity closely related to the employee’s University duties and/or field of expertise.
      5. Employment of University of Oregon students whom the employee currently teaches, directly supervises, or formally advises in the execution of outside activities.

V.  ACTIVITY DISCLOSURE AND APPROVAL PROCESS

1. 1. Outside Activity Disclosure
      1. If they have something to disclose, employees must submit a written disclosure each calendar year. When completing the disclosure, employees should err on the side of caution and provide advance disclosure when they are unsure whether an outside activity is exempt or requires prior approval.
      2. Employees are not expected to disclose exempt activities.
      3. In addition, if an employee would like to engage in an outside activity that requires prior approval during the year (such as those outlined in Section IV.B), the employee must amend their written disclosure and seek approval prior to engaging in the outside activity.
      4. The President or designee(s) will ensure a reminder is sent at least annually to all employees.
   2. Review and Approval
      1. The President or designee(s) will create procedures for the review of disclosures, decisions about whether an outside activity is approved, and for the review and approval of management plans.
      2. Outside activity that creates an actual or potential conflict of interest is subject to a management plan and/or a decision that the outside activity may not be authorized.
      3. In approving or denying requests, the President or designee(s) will:
         1. Determine whether the outside activity constitutes a conflict of interest (actual or potential) or conflict of commitment;
         2. Notify the employee of the determination; and
         3. If warranted, develop a management plan, in consultation with the employee and their supervisor, to mitigate the actual or potential conflict(s).
      4. Approval may occur for individual or categories of activities.

VI.  REPORTING CONCERNS ABOUT ANOTHER EMPLOYEE

Any University employee who has concerns about the permissibility of an activity on the part of another employee should discuss those concerns with their supervisor or the President’s designee(s). Reports can also be made to the Office of Internal Audit using its Fraud & Ethics Hotline. The President or designee(s) will create procedures for addressing concerns regarding the permissibility of any activity under this policy.

VII.  APPEALS

Decisions under this policy may be appealed in writing to the President or designee(s). The President or designee(s) will create procedures and timelines associated with appeals.

VIII. ACCOUNTABILITY

This policy has the force of law pursuant to ORS 352.087. Failure of a University employee to comply with this policy and its associated procedures will subject the employee to discipline up to and including termination. Discipline will be imposed consistent with applicable University policies and/or applicable collective bargaining agreements.

 A. Definitions

All capitalized terms in Policy IV.09.05 have the meanings set forth in Policy IV.09.06 unless the context requires otherwise or except as stated.

“Construction Contracts” are contracts for goods or services where state law requires the University to pay for labor at published prevailing wage rates established by the Oregon Bureau of Labor and Industries, or where the University receives construction related professional services, including services provided by architects, engineers, energy analysts and commissioning agents, planners, land surveyors, construction contractors, and construction managers.  

B. Procurement and Contracting Procedures

In addition to this Policy, the University follows University Policy IV.09.02 and University Policy IV.09.06 when procuring goods or services. Purchasing and Contracting Services creates and maintains purchasing and contracting procedures that detail how this Policy is implemented. This Policy does not cover Construction Contracts, as contemplated in Policy IV.07.10.

C. Procurement Card

The University may maintain procurement card services for the benefit of the University. Purchasing and Contracting Services will publish policies and procedures governing use of the procurement card.

D. Goods and Services Contract Procurement Thresholds

(1) University will, at minimum, procure goods and services based on the anticipated contract price, in accordance with methods enumerated in this Policy.  Multiple contracts, purchase orders, or purchasing requisitions cannot be issued separately with the intent to circumvent this Policy.  Except as otherwise allowed under this Policy, the following anticipated contract price thresholds and processes apply to University purchases of goods and services:

(a) $50,000 or less — Direct Procurement or other method of procurement that the Public University deems beneficial.

(b) $50,000.01 to $250,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the University deems beneficial.

(c) Greater than $250,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the University deems beneficial.

(2) Notwithstanding subsection (1), if the source of the funding for the procurement requires a different procurement method, the University may be required to comply with the procurement method required by the funding source in addition to this Policy.

(3) For the purpose of determining the appropriate procurement threshold, the anticipated contract price can be calculated one of two ways: 

(a) If the resulting contract is for a one-time purchase or project, the contract price is equal to any fees or expenses payable to the contractor for that one-time purchase or project.

(b) If the resulting contract is for a purchase or project with renewal terms, the contract price is equal to any fees or expenses payable to the contractor in a single  term commitment. 

E. Methods of Procurement

The University will use the following methods of procurement when procuring goods or services.

(1) Direct Procurement. A process where the University negotiates with a single entity to provide goods or services.

(2) Informal Procurement. An informal process conducted in a manner that is likely to solicit at least three (3) responsive offers.

(3) Formal Procurement. A Competitive Process where the University:

(a) Creates a Solicitation Document that contains the procurement procedures, scoring process, and necessary specifications.

(b) Publishes a notice of the procurement on the University business opportunities website and/or other medium for advertising that is accessible to the general public  that specifies when and where the Solicitation Document may be obtained and the closing date/time. Respondents must be afforded a reasonable period to respond to the Solicitation. 

(c) Conducts the procurement in accordance with UO Policy IV.09.02 and UO Policy IV.09.06.

(4) Emergency Procurement. The President or Sr. Vice President for Finance and Administration, or designee, may declare an emergency in accordance with University policy when such a declaration is deemed appropriate. The reasons for the declaration will be documented and include justifications for the procedure used to select the entity for a contract within the scope of the emergency declaration. After the President or Sr. Vice President for Finance and Administration or designee has declared an emergency, the University may negotiate a contract with any qualified entity for services included in the scope of the emergency. The University will maintain appropriate records of negotiations carried out as part of the contracting process.

(5) Retainer. The University may conduct an Informal or Formal Procurement to enter into Retainer Contracts with multiple entities to provide goods or services at contracted rates of compensation or based on an established set of qualifications.

(6) Alternative Processes. Notwithstanding the foregoing procedures, the Chief Procurement Officer, or designee, may authorize alternative procurements when formal or informal procurement methods are unlikely to produce proposals that are responsive to University objectives or otherwise diminish the University’s obligation to secure best value in connection with the purchase of goods and services. The Chief Procurement Officer may approve an alternative process in the following circumstances:

(a) There are a limited number of qualified respondents able to respond to a public procurement; or 

(b) Qualified respondents, including but not limited to certified historically underrepresented businesses, are not able or are unwilling to respond to formal procurement; or   

(c) Due to a broad range of possible functional solutions and pricing, the University is unable to develop an adequate specification or project budget without significant vendor engagement.

(7) Exempt. The University need not follow, regardless of value, a Competitive Process when seeking,  acquiring, or paying for the goods and services listed in this section. An exemption under federal law may also be required in order to forego a Competitive Process.     

(a) Educational services that relate directly to the instruction of University students.

(b) Advertising, ad aggregators, and media services.

(c) Price-regulated goods and services, including utilities, where the rate or price for the goods or services being purchased is established by a federal, state, or local regulatory authority.

(d) Goods or services under federal contracts. When the price of goods and services has been established by a contract with an agency of the federal government pursuant to a federal contract award, the University may purchase the goods and services in accordance with the federal contract. In addition, the University may purchase specific equipment that is only available from one source or use specific entities that are expressly required under the terms of the contract.

(e) Protected intellectual property. Protected intellectual property materials covered by this exemption may include, but are not limited to, copyrighted materials, licenses of patents, textbooks, workbooks, curriculum kits, reference materials, software, periodicals, library books, library materials, and audio, visual, and electronic media.

(f) Investment contracts and retirement plan services, excluding consulting services.

(g) Food and food-related products.

(h) Maintenance services directly from the contractor providing the goods or services or the original equipment manufacturer or creator of the goods or services.

(i) Used or pre-owned personal property.  

(j) Goods or services purchased for resale to outside entities.

(k) Goods or services related to intercollegiate athletic programs.

(L) Cadavers or cadaveric organs.

(m) Hotel reservations at a hotel that is a site for conferences or workshops organized by outside entities.

(n) Dues, registrations, and membership fees.

(o) Gasoline, diesel fuel, heating oil, lubricants, natural gas, electricity, and similar commodities and products and the transportation thereof.

(p) Supplies, maintenance, and services for ocean-going vessels when they are in other than home port.

(q) Repair and overhaul of goods or equipment.

(r) Goods or services purchased and provided in foreign countries.

(s) Insurance and insurance-related contracts.

(t) Grants, including services related to the development of grant applications and proposals.

(u) Contracts for legal services, including professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which the University is or may become interested.

(v) Contracts executed in connection with:

(A) The incurring of debt by the University, including but not limited to the issuance of bonds, and other debt repayment obligations, and any associated contracts, regardless of whether the obligations that the contracts establish are general, special, or limited;

(B) The making of program loans and similar extensions or advances of funds, aid, or assistance by the University to a public or private body for the purpose of carrying out, promoting, or sustaining activities or programs authorized by law; or

(C) The investment of funds by the University as authorized by law and other financial transactions of the University that by their character cannot practically be established under the Competitive Process.

(D) Grant-funded projects where professional or personal service providers are named in grant or identified in the grant budget, where the granting agency has issued an express waiver to a competitive process, or where the contracted party qualifies as a subaward grantee, unless the University determines it is in its best interest to require a Competitive Process.

(w) Contracts for employee benefit plans as authorized by law.

(x) Services provided by those in the medical community including, but not limited to, doctors, physicians, psychologists, nurses, veterinarians, and those with specific license to administer treatments for the health and well-being of people or animals.

(y) Artists, musicians, performers, photographers, videographers, graphic designers, website designers, and speakers.

(z) Sponsorship agreements for University events or facilities.

(aa) Booth space for exhibits at conventions. recruitment events, trade shows, and similar events.(bb) Third-party student recruitment service providers.

(cc) Group travel in foreign countries.

(8) Sole Source. A process where the Chief Procurement Officer, or designee, has made a written determination that due to special needs or qualifications, only a Single Seller is reasonably available to provide such goods or services. Sole source procurement will be avoided except when no reasonably available alternative source exists.

(a) The University will provide public notice of its determination that the person or professional services or goods or services are only available from a Single Seller

(b) An entity may protest the University's determination that the goods or services are available from a Single Seller in accordance with Policy IV.09.06(CC).

(9) Special Entity.

(a) The University may purchase goods or services, without using a Competitive Process, if purchasing from a federal, state, local governmental agency, a federally recognized tribe, or a corporation owned and operated by a government entity, (including, but not limited to, OHSU (Oregon Health & Science University)), or a state Oregon Forward Entity certified by the Oregon Department of Human Services or the Oregon State Procurement Office.

(b) The University may participate in cooperative procurements with other contracting agencies or entities or utilize other public contracts or cooperatively procured contracts if it is determined, in writing, that the solicitation and award process used to award that contract was reasonably equivalent to the respective processes established in this policy, including notice during solicitation process that the contract resulting from the procurement may be utilized by other entities. Determinations regarding equivalency and adequacy of processes for cooperating procurements will be made by the Chief Procurement Officer.

(10) Special Procurement. A special procurement is an exemption from competitive procedures that the President or Sr. Vice President for Finance and Administration determines is appropriate because it:

(a) Is reasonably expected to result in substantial cost savings to the University or to the public; or

(b) Otherwise substantially promotes the public interest in a manner that could not practically be realized by complying with other processes described in this section.