University of Oregon Policy Library

A. Bicycle Registration Required

All faculty, staff and students who operate, store or park bicycles on the University of Oregon campus shall register their bicycles with the University of Oregon Office of Public Safety and shall have attached to them a valid, University-issued license/registration tag:

(1) University-issued bicycle registration tags shall be displayed below the bicycle seat on the bicycle frame facing forward.

(2) Each bicycle shall be registered during the term its owner first is enrolled as a student and/or is employed at the University of Oregon. Bicycle licenses shall be renewed each two years thereafter. Lifelong permits and courtesy permits are also available.

(3) Illegible or defaced bicycle registration tags shall be replaced within 30 days at 1/2 the regular registration fee.

(4) Bicycle license/registration fees are published annually as a listing within  UO Policy 570.060 under the subheading, Parking-Bicycle Fees.

(5) Unregistered bicycles owned by faculty, staff, students or frequent campus visitors are subject to citation and fine. The first five citations issued any academic term to unregistered bicycles owned by campus visitors shall be eligible for waiver of the fine. After the fifth citation in any one term, visitors shall then be liable for the fine by reason of further citations that term.

(6) Bicycles not registered with the Office of Public Safety are subject to impoundment.

B. Bicycle Use on Campus

Bicycle riders on the University of Oregon campus are subject to the applicable provisions of Oregon Revised Statutes, Oregon Vehicle Code, which include but are not limited to the following:

(1) Bicycle riders shall proceed cautiously at all times, even on designated bicycle lanes and on designated bicycle routes.

(2) Bicycle lanes and routes are marked on the University campus, and bicycle riders shall use such lanes when classes are in session, e.g., Monday through Friday from 7:30 a.m. until 5 p.m. during each academic term. Sidewalks are not bicycle lanes or routes unless so designated by signage or markings when classes are in session. Bicycle riders who fail to use designated bicycle lanes or routes during these hours are subject to citation and fine.

(3) Bicycle riders shall yield the right-of-way to pedestrians and disabled persons at all times and in all places and shall give an audible warning when overtaking a pedestrian from behind. Bicycle riders who fail to observe this section of the rule are subject to citation and fine.

(4) All bicycles shall be equipped with brakes good enough to skid on clean, dry pavement. Riders on bicycles not equipped with such brakes are subject to citation and fine.

(5) Starting one-half hour after sunset and until 1/2 hour before sunrise, all bicycles (or their riders) while in motion shall be equipped with a white light operating and visible 500 feet ahead and a red reflector visible 600 feet to the rear while on University property. Failure to display the light and reflector makes the rider subject to citation and fine.

(6) In cases of bicycle collision involving pedestrian(s), other bicycles or other vehicles, the individuals involved shall render aid as appropriate and call the Office of Public Safety for assistance. Individuals involved in such collisions shall remain at the site of the accident until released by the attending Public Safety Officer. When collisions result in injury, the filing of a written accident report by the appropriate parties is required. Failure to render aid or to file an accident report when applicable may subject the person(s) involved to citation and fine.

(7) Bicycle riders who fail to obey signs instructing them to dismount and to walk their bicycles on posted walks, lanes, or in other posted areas are subject to citation and fine. For the purposes of this policy, dismount and walk shall mean that the bicycle rider shall completely get off of the bicycle and walk along side the bicycle.

C. Bicycle Parking

Bicycles shall be parked, stored or left outdoors on the University campus only in areas specifically designated by the presence of racks or other devices for the parking of bicycles or by the posting of signs designating the space or area as a "Bicycle Parking Area":

(1) Bicycles may be parked, stored or left inside University buildings only in areas specifically designed and posted for bicycle parking.

(2) Bicycles may be stored, parked or left in any area or room which has been assigned to the registered bicycle owner, e.g., office, residence hall room or student family living quarters.

(3) Parked, stored or left bicycles which create a safety hazard will be removed and impounded. All other bicycles parked, stored or left in unauthorized locations will be cited and/or secured by a chain or other restraining device. If so secured, the citation tag will describe procedure to be followed by owner to reclaim use of the bicycle. See also UO Policy 571.010.0070-95(E):

(a) University security officers or other personnel authorized to remove and impound bicycles shall not be liable to the owner of the securing device or the bicycle for the cost of repair or replacement of such securing device;

(b) Owners of securing devices which have been damaged during the impounding process may appeal the impound fee to the Traffic Petitions Office, c/o Office of Public Safety. See UO Policy 571.010.0005-65(D);

(c) Bicycles left abandoned for one month shall be subject to impoundment.

D. Authority to Remove or Impound Bicycles

The President of the University of Oregon designates the Director of Public Safety as the University administrator responsible for the operation of the University's bicycle policies:

(1) Any University security officer or other person specifically authorized by the Director of Public Safety may impound any parked, stored or left bicycle causing a safety hazard or cite any bicycle rider who violates University bicycle policies.

(2) Notices of impoundment shall be sent as soon as practical and whenever possible to their owners of all bicycles removed to the impoundment storage area.

(3) Individuals who wish to appeal any impound action or citation given by authorized members of the Office of Public Safety shall address their written appeals to the University's Traffic Petitions Office, c/o the Public Safety Office. See Policy 571.010.0005-65(D).

E. Bicycle Penalties, Citations, and Fines

(1) Any impounded bicycle shall be stored in a secure facility designated for such purpose by the Director of Public Safety.

(2) A fine (see section E(4) of this policy) shall be charged to the owner prior to the release of any impounded bicycle. Any bicycle being released must be properly registered prior to its release unless the owner or the owner's designee can show reasonable proof that the bicycle will not be operated on the University campus or, if the owner is neither a student nor University employee, that the bicycle will not be on campus more often than five times a term.

(3) Citations for violations by bicycle riders shall carry a fine:

(a) A schedule of fines shall be published annually as a part of UO Policy 570.060, under the subheading Parking-Bicycle Fines, of UO Policy 570.060(A), Special Fees, Fines, Penalties, Service Charges;

(b) As an alternative to a fine, cited bicycle riders/owners may be required to serve as a member of the Bicycle Safety Patrol at a rate of one hour of service for every dollar of the fine levied.

(4) Copies of Policy 571.060(A) listing current bicycle fees and fines are on file and available for public inspection in the Office of Business Affairs, Office of Public Safety, Office of the ASUO President, as well as the offices of all Vice-Presidents, deans, department heads and directors.

(5) Fees and fines collected pursuant to this bicycle policy shall be credited to the parking account and expended for the administration of the University's bicycle program.

(6) Bicycles which are unclaimed after having been found on the University campus or in its buildings and facilities shall be held for a minimum of three months at which time the owners shall be presumed to have relinquished their legal title. Bicycles which have been impounded shall be held for a minimum of three months at which time the owners shall be presumed to have relinquished their legal title. All such unclaimed bicycles shall be sold at scheduled public auction without reserve. The proceeds of such auction shall be credited to the parking account and expended for the administration of the University's bicycle program.

F. Changes in Bicycle Licensing, Use, and Parking Policy

Any faculty, staff, student or visitor may present in writing recommendations for changes in or amendments to University bicycle licensing, use and parking policy to the Office of Public Safety:

(1) Such recommendations, to be effective the following fall term, must be filed prior to May 1 of each school year.

(2) Recommendations will be presented to the Transportation Sub-Committee of the Campus Planning Committee for consideration. Recommendations receiving the endorsement of the Campus Planning Committee will be forwarded to the Vice-President for Administration for consideration for promulgation as proposed amendments to the policies in effect.

All vehicular parking provided by the University of Oregon is available on a fee basis and at rates published annually after approval through the University’s process for Special Fees, Fines, Penalties, and Service Charges.  Eligibility for parking permits, information specific to permit rates and refunds, regulations on use of University parking areas, enforcement, violations, and the citation appeal process, as well as bicycle registration and parking, are published in the University’s Parking Regulations.  The Department of Parking and Transportation shall maintain and publish said parking regulations.

All members of the University community and all visitors to the campus are responsible for observing the University’s Parking Regulations and for all University parking violations involving the vehicles and bicycles they drive, own, or register, regardless of who is operating the vehicle. These regulations shall be accessible to any person who is operating a vehicle or bicycle on the University of Oregon campus.

Any faculty, staff, student, or visitor may present in writing recommendations for changes to the campus parking regulations.  Recommendations will be considered annually by the director of the Department of Parking and Transportation in consultation with other appropriate University officials and groups. Revised parking regulations will be published according to the schedule outlined on the Department of Parking and Transportation website.

The University shall maintain a Parking Citation Appeals Board for the purpose of reviewing the decisions of the Department of Parking and Transportation for the purpose of determining if a decision was unreasonable or arbitrary or was not supported by substantial evidence. The Citation Appeals Board is composed of representatives from the faculty, staff and student body.

A. Authority

This Policy establishes the procedures that will be followed by the University of Oregon (University) to erect, improve, repair, maintain, equip, and furnish buildings and structures under the control of the Board of Trustees (Board).

B. Authorization to Undertake Capital Construction Projects

Before an Institution contracts for Capital Construction on land owned or controlled by the Board, or prepares other than conceptual plans or preconstruction design, the Institution will obtain approval as set out in this rule, regardless of the source of funds or method by which the project is to be financed. To obtain approval, the Institution will describe the project, the financing plan for design and construction, and the operation and maintenance cost of the proposed project.

(1) If appropriate Systemwide limitation exists for a Capital Construction project that totals $500,000 or more but less than $5 million, inclusive of all fund sources, the Chancellor or designee may approve the allocation of the existing expenditure authority to the Institution.

(2) Any Capital Construction project that does not meet the criteria in subsection (1) of this section shall be approved by the Finance and Administration Committee of the Board and submitted to the Legislature.

C. Definitions

All capitalized terms in this policy, have the meanings set forth in UO Policy 580.061(B) unless set forth below, or unless the context requires otherwise or except as stated.

(1) "Construction-Related Services" means one or more related services, which includes, but is not limited to: finance, design, preconstruction, and construction services. The project delivery methods that use Construction-Related Services include, but are not limited to: conventional construction services, design-build, construction manager at risk, agency construction management, and performance contracting.

(2) "Professional Consultant" means architects, engineers, planners, land surveyors, appraisers, construction managers, and similar professional consultants.

(3) “Capital Construction” means any construction or facility improvement that costs $500,000 or more and is not considered maintenance or repair.

D. Procurement and Contracting Procedures

The procedures set out in UO Policies IV.09.02 and 580.061 will be used for the procurement of Construction-Related Services and Professional Consultants.

E. Methods of Procurement

The University will use the following methods of procurement when procuring Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services.

(1) Direct Procurement. A process where the University negotiates directly with a single Entity to provide Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services.

(2) Informal Procurement. A competitive process where the University posts an advertisement of the opportunity on the University procurement website for a reasonable time necessary to obtain at least three Bids or Proposals. The University may also directly contact prospective Bidders or Proposers. If the notice has been posted for a reasonable time period and fewer than three Bids or Proposals have been submitted, the University may enter into a Contract with a Responsible Bidder or Proposer based on the Specifications contained in the Solicitation Document.

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

(a) Creates a Solicitation Document that contains the procurement procedures and necessary Specifications.

(b) Publishes a notice of the procurement on the University procurement website and, if beneficial to the procurement, in a trade periodical, newspaper of general circulation, or other minority, women, and emerging small business targeted periodicals, University website, or other medium for advertising. The notice must specify when and where the Solicitation Document may be obtained and the Closing Date/Time. The notice must be published for a duration reasonable under the circumstances for the procurement.

(c) Conducts the procurement in accordance with UO Policies IV.09.02 and 580.061.

(4) Emergency Procurement. The President, or designee may declare an Emergency when such a declaration is deemed appropriate. The reasons for the declaration will be documented and will include justifications for the procedure used to select the Contractor or Professional Consultant for a Contract or Public Improvement Contract within the scope of the Emergency declaration. After the President or designee has declared an Emergency, the University may negotiate a Contract or Public Improvement Contract with any qualified Entity or Professional Consultant for services included in the scope of the Emergency declaration. The University will maintain appropriate records of negotiations carried out as part of the contracting process.

(5) University Retainer Contract Program.

(a) The University Capital Construction and Planning Office will maintain Retainer Contracts for Professional Consultants, Construction-Related Services, and any other service that may from time to time benefit the University. The Retainer Contracts will be established in accordance with this subsection.

(A) Periodically, but no less often than every two years, Campus Planning, Design and Construction will invite interested Contractors to submit business information that meets minimum qualifications as described in a Solicitation Document. Contractors that meet the minimum qualifications and have not been disbarred or disqualified by an agency of the State of Oregon as outlined in UO Policy 580.061(FF), may be offered a Retainer Contract to be listed on the respective retainer program to provide services in a non-exclusive and on an as-needed basis.

(B) Notice of the procurement will be published on the University procurement website and, if beneficial to the procurement, in a trade periodical, newspaper of general circulation, or other minority, women, and emerging small business targeted periodicals, University website, or other medium for advertisement.

(b) The University Capital Construction and Planning Office may enter into interagency agreements to permit other public agencies to utilize the services offered by Entities that have entered into Retainer Contracts if the public agency agrees to conditions, including but not limited to:

(A) Follow the procurement processes established in this policy.

(B) Use the contract templates associated with each retainer program.

(C) Any service procured will be the sole financial responsibility of the public agency.

(D) The public agency will be solely liable to resolve all disputes that may arise from breach of contract.

(E) The University Capital Construction, Planning, and Budget Office may impose a reasonable administrative fee on the public agency using the Retainer Contracts based on the compensation for services procured to recover administrative costs, legal review fees, and to improve or expand retainer programs.

(c) The University Capital Construction, Planning, and Budget Office will maintain an electronic roster of all Professional Consultants and Contractors who have entered into Retainer Contracts. When utilizing a retainer program, the University will follow the procedures established in this policy and will only execute contracts from templates that have been approved for each respective retainer program.

(6) Sole Source. A process where the President or designee has made a Written determination that due to special needs, experience, or qualifications, only a Single Seller is reasonably available to provide certain Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services. Sole source procurement will be avoided except when no reasonably available alternative source exists.

(a) Authority. Institutions may authorize sole source procurements up to $1,000,000 cumulative for all Institution projects throughout a fiscal year. The Chancellor or designee may authorize sole source procurements up to $5,000,000 cumulative for each Institution's projects throughout a fiscal year. The Finance and Administration Committee of the Board will approve all other sole source procurements.

(b) The University will provide public notice of its determination that the Professional Consultant services, Construction-Related Services, or combination of Professional Consultant services and Construction-Related Services are only available from a Single Seller. Public notice may be provided on the University procurement website. The public notice will describe the Professional Consultant services, Construction-Related Services, or combination of Professional Consultant services and Construction-Related Services to be acquired from the Single Seller, identify the prospective Professional Consultant or Contractor, and include the date, time and place that protests are due. The University shall give Entities at least seven (7) Days from the date of notice publication to protest the sole source determination.

(c) On an annual basis, the President or his/her designee will submit a report to the Finance and Facilities Committee of the Board summarizing approved sole source procurements for the University for the prior fiscal year. The report will be made available for public inspection.

(7)(a) Special Procurement.

(b) A special procurement is an exemption from competitive procedures that the Finance and Facilities Committee of the Board 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 practicably be realized by complying with others processes described in this policy.

F. Contracts for Professional Consultants

 The University will use one of the following two procedures when contracting for Professional Consultant services:

(1) University Capital Construction Retainer Program for Professional Consultants.

(a) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $100,000 or less, the Univeristy may select a Professional Consultant that has entered into a Retainer Contract.

(b) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $100,000.01 to $250,000, the University must select at least three Professional Consultants who have entered into Retainer Contracts to provide proposals for the service. Selection of a Professional Consultant from submitted proposals will be based on the criteria set forth in the Solicitation Document. In the event that fewer than three Professional Consultants are on the retainer that can provide the required service, the University may proceed with fewer than three Bids or Proposals.

(c) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $250,000.01 to $1,000,000, the University will post an advertisement of the opportunity on the University procurement website. All eligible Professional Consultants that have entered into Retainer Contracts will have an opportunity to submit a proposal in response to the opportunity. Selection of a Professional Consultant from submitted proposals will be based on the criteria set forth in the Solicitation Document.

(2) Standard Procurement. Except in cases of Emergency, Special Procurement, or when only a Single Seller is reasonably available, when procuring Professional Consultant services, The University will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent this policy.

(a) $25,000 or less — Direct Procurement or other method of procurement that the University deems beneficial to the procurement.

(b) $25,000.01 to $100,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the University deems beneficial to the procurement.

(c) Greater than $100,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the University deems beneficial to the procurement.

G. Contracts for Construction-Related Services

The University will use one of the following procedures when procuring Construction-Related Services for a Contract or Public Improvement Contract:

(1) University Capital Construction Retainer Program for Construction-Related Services.

(a) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $50,000 or less, the University may select a Contractor that has entered into a Retainer Contract.

(b) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $50,000.01 to $500,000, the University must select at least three Contractors that have entered into Retainer Contracts to provide Bids or Proposals for the service. Selection of a Contractor from submitted Bids or Proposals will be based on the criteria set forth in the Solicitation Document. In the event that fewer than three Contractors are on the retainer that can provide the required service, the University may proceed with fewer than three Bids or Proposals.

(c) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $500,000.01 to $1,000,000, the University will post an advertisement of the opportunity on the University procurement website. All eligible Contractors that have entered into Retainer Contracts will have an opportunity to submit a Bid or Proposal in response to the opportunity. Selection of a Contractor from submitted Bids or Proposals will be based on the criteria set forth in the Solicitation Document.

(2) Standard Procurement. Except in cases of Emergency, Special Procurement, or when only a Single Seller is reasonably available, when procuring Construction-Related Services, the University will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent this policy.

(a) $25,000 or less — Direct Procurement or other method of procurement that the University deems beneficial to the procurement.

(b) $25,000.01 to $100,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the University deems beneficial to the procurement.

(c) Greater than $100,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the University deems beneficial to the procurement.

(3) In accordance with ORS 279C.800 et seq, projects having a total Contract Price more than $50,000, or on a project where the combined Contract Price of all contracts awarded on the project is more than $50,000, will be subject to the Bureau of Labor and Industries Prevailing Wage Laws. Projects may not be divided into more than one Contract to avoid the application of this subsection. Projects funded in part or wholly by federal funds will comply with the higher of the state or federal prevailing rate of wage.

(4) No Contract will be awarded to any construction firm that is not licensed to do business in the State of Oregon, not registered or licensed by the appropriate state licensing boards, or listed as ineligible to enter into Contracts or Public Improvement Contracts by the Bureau of Labor and Industries.

(5) Contractors will post and maintain performance and payment bonds as required in the Solicitation Document. For Public Improvement Contracts with a total Contract Price in excess of $100,000, one hundred percent performance and payment bonds will be required.

H. Oregon’s Percent for Art

The "Percent for Art" legislation governed by ORS 276.073 through 276.090, guides the acquisition of Oregon's state art collection. For acquisition of art work in applicable state buildings, this program sets aside no less than 1 percent of the construction funds of buildings with a construction budget of $100,000 or more. The University will be responsible to ensure compliance with the "Percent for Art" for applicable projects.

I. Design Standards

All major facility projects will be planned, designed, constructed, and renovated to meet high performance building standards for energy efficiency and environmental sustainability as defined by the Department of Energy and the State of Oregon.

(1) State Energy Efficiency Design is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated, and operated so as to minimize the use of nonrenewable energy resources and to serve as models of energy efficiency per ORS 276.900 through 276.915.

(2) Green building design and construction is an integral part of University  Capital Construction. University projects should consider design standards that incorporate the 'Leadership in Energy & Environmental Design' (LEED) Silver standards or higher standards, which promote buildings that significantly reduce or eliminate the negative impact of buildings on the environment and occupants.

J. Retainage Processing Charges

(1) The University may require a retainage for Construction-Related Services Contracts under $1,000,000. For Construction-Related Services Contracts over $1,000,000, the University will withhold a retainage.

(2) The University will not retain an amount in excess of five percent (5 percent) of the Contract Price for Work completed. If the Contractor has performed at least fifty percent (50 percent) of the Work and is progressing satisfactorily, upon the Contractor's submission of Written application containing the surety's written approval, the University may, in its discretion, reduce or eliminate retainage on any remaining progress payments. The University will respond in Writing to all such applications within a reasonable time. When the Work is ninety-seven and a half percent (97.5 percent) completed, the University may, at its discretion and without application by the Contractor, reduce the retained amount to one hundred percent (100 percent) of the value of the remaining unperformed Work. The University may at any time reinstate retainage. Retainage will be included in the final payment of the Contract Price.

(3) For Construction-Related Services Contracts over $1,000,000 the Contractor may request that the retainage be deposited in an interest-bearing account at a financial institution. Title to such funds will remain with the Board until the Work is complete and accepted by the University. Interest on deposited retainage accrues to the benefit of the Contractor and will remain in the retainage account until the Work is accepted. The University may deduct fees necessary to open and maintain an interest-bearing account.

(4) Alternatives to cash retainage. In lieu of cash retainage to be held by the University or financial institution, the Contractor may substitute one of the following:

(a) Deposit of securities:

(A) The Contractor may deposit bonds or securities with the University or in any bank or trust company to be held for the benefit of the Univeristy. In such event, the University will reduce the retainage by an amount equal to the value of the bonds and securities, and reimburse the excess to the Contractor.

(B) Bonds and securities deposited or acquired in lieu of retainage will be of a character approved by the Controller's Office, including but not limited to:

(i) Bills, certificates, notes, or bonds of the United States.

(ii) Other obligations of the United States or its agencies.

(iii) Obligations of any corporation wholly owned by the federal government.

(iv) Indebtedness of the Federal National Mortgage Association.

(C) Upon the University’s determination that all requirements for the protection of the Institution’s interests have been fulfilled, it will release to the Contractor all bonds and securities deposited in lieu of retainage.

(b) Deposit of surety bond. The University, at its discretion, may allow the Contractor to deposit a surety bond in a form acceptable to the Institution in lieu of all or a portion of funds retained or to be retained. A Contractor depositing such a bond will accept surety bonds from its subcontractors and suppliers in lieu of retainage. In such cases, retainage will be reduced by an amount equal to the value of the bond and the excess will be reimbursed to the Contractor.

(5) The University will recover from the Contractor all costs incurred in the proper handling of cash retainage and securities, by reduction of the final Contract payment.

 A. Definitions

All capitalized terms in Policy 580.062 have the meanings set forth in Policy 580.061(B) unless the context requires otherwise or except as stated.

B. Procurement and Contracting Procedures

The procedures set out in UO Policy IV.09.02 and UO Policy 580.061 will be used for the procurement of personal or professional services or goods and services.

C. Procurement Card

The University may maintain procurement card services for the benefit of the University. The Controller's Office will publish policies governing use of the procurement card.

D. Personal/Professional Services, Goods, and Services Contract Procurement Thresholds

(1) When procuring personal or professional services, goods, or services, not including services from Professional Consultants as defined in Policy 580.063,  the University will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated contract price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent this policy. The University may establish lower procurement thresholds for specific procurements or as a University policy or procedure.

(a) $25,000 or less — Direct Procurement or other method of procurement that the Public University deems beneficial to the procurement.

(b) $25,000.01 to $150,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the University deems beneficial to the procurement.

(c) Greater than $150,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the University deems beneficial to the procurement.

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

E. Methods of Procurement

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

(1) Direct Procurement. A process where the University negotiates directly with a single Entity to provide personal or professional services or goods and services.

(2) Informal Procurement. A Competitive Process where the University posts an advertisement of the opportunity on the University procurement website for a reasonable time necessary to obtain at least three (3) Solicitation Responses. The University may also directly contact prospective Offerors. If the notice has been posted for a reasonable time period and fewer than three Solicitation Responses have been submitted, the University may enter into a Contract with a Responsible Offeror based on the Specifications contained in the Solicitation Document.

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

(a) Creates a Solicitation Document that contains the procurement procedures and necessary Specifications.

(b) Publishes a notice of the procurement on the University procurement website and, at the discretion of the University, in a trade periodical, newspaper of general circulation, or other historically underrepresented business-targeted periodicals, University website, or other medium for advertising. The notice must specify when and where the Solicitation Document may be obtained and the Closing Date/Time. The notice must be published for a duration reasonable under the circumstances for the procurement.

(c) Conducts the procurement in accordance with UO Policy IV.09.02 and UO Policy 580.061. (4) Emergency Procurement. The President, or Vice President of Finance and Administration, or designee may declare an Emergency when such a declaration is deemed appropriate. The reasons for the declaration will be documented and will include justifications for the procedure used to select the Entity for a Contract within the scope of the Emergency declaration. After the Presidentor 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 a Formal Procurement to enter into Retainer Contracts with multiple Entities to provide personal or professional services or goods and services at contracted rates of compensation or based on pre-qualifications.

(6) Alternative Processes. Notwithstanding the foregoing procedures, the University Contract Officer may authorize alternative procurement methods that provide a Competitive Process to two or more Entities to contract with the University and meet the following objectives:

(a) Responds to innovative business and market methods; or

(b) Contributes to University productivity improvement and process redesign; or

(c) Results in comprehensive cost-effectiveness and productivity for the University.

(7) Exempt. The University need not follow, regardless of value, a Competitive Process when seeking or acquiring or paying for the following goods and services:

(a) Educational services.

(b) Advertising and media services, excluding consulting services.

(c) Price-regulated goods and services, including utilities, where the rate or price for the goods or services being purchased is established by 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) Copyrighted materials. Copyrighted materials covered by this exemption may include, but are not limited to, 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.

(i) Used personal property.

(j) Goods purchased for resale to outside entities.

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

(L) Cadavers or cadaveric organs.

(m) Hotel sites for large conferences and workshops.

(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 in foreign countries.

(s) Insurance and insurance-related contracts, not including consulting or brokerage contracts.

(t) Grants, including 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 entered into, issued, or established in connection with:

(A) The incurring of debt by the University, including but not limited to the issuance of bonds, certificates of participation, 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, 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, performers, photographers, graphic designers, website design, and speakers.

(z) Sponsorship agreements for University events or facilities.

(8) Sole Source. A process where the President or designee has made a Written determination that due to special needs or qualifications, only a Single Seller is reasonably available to provide such personal or professional services or 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. Public notice may be provided on the University procurement website. The public notice will describe the personal or professional services or goods or services to be acquired from the Single Seller, identify the prospective Contractor, and include the date, time and place that protests are due. The University shall give Entities at least seven (7) Days from the date of notice publication to protest the sole source determination.

(b) An Entity may protest the University's determination that the personal or professional services or goods or services are available from a Single Seller in accordance with Policy 580.061(CC).

(c) On an annual basis, the President, or his/her designee will submit a report to the Board summarizing approved sole source procurements for the University for the prior fiscal year. The report will be made available for public inspection.

(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, public corporation (including, but not limited to, OHSU), or a state Qualified Rehabilitation Facility 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 University Contract Officer.

(10) Special Procurement. A special procurement is an exemption from competitive procedures that the Finance and Administration Committee of the Board 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 practicably be realized by complying with others processes described in this section.

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 580.060, 580.061, 580.062, and 580.063, 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) "OUS 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 an OUS Retainer Program may provide goods or services on a non-exclusive and as-needed basis. OUS 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 Contract 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 580.060, 580.061, 580.062, and 580.063..

(4) Unless otherwise specified in policies 580.060, 580.061, 580.062, and 580.063, 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(3) 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 policy of the Board is that the University 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.

(2) Invitation to Bid Required Provision. If an Invitation to Bid is issued for a Contract for goods or services, the University will ensure that the following statement is contained in the Invitation to Bid: "Contractors will use recycled products, as defined in ORS 279A.010(1)(ii), to the maximum extent economically feasible in the performance of the Contract."

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.

(3The 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.  

A. Purpose

These policies establish, for the University, a process for disposal of surplus and scrap property that safeguard's state assets, creates efficiency in surplusing or scrapping, maximizes the value received for property that is surplus to University needs, and is attentive to environmental impacts.

B. Definitions

For purposes of Sections H through R, unless context requires otherwise:

(1) "Board" means University of Oregon Board of Trustees.

(2) "President’s Office" means the offices that provide direct administrative support to the President.

(3) "Employee" means a person who, within the last twelve months, has been paid a wage for full-time, part-time, or temporary work by the University.

(4) "Federally Funded Surplus Property" means personal property, vehicles, and titled equipment, purchased with federal grant or other federal funds and that is worn-out, obsolete, or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

(5) "University" means University of Oregon.

(6) "President" means the chief executive officer of The University of Oregon or designee.

(7) "Scrap" means materials, including lost, mislaid, or abandoned property having no financial value or such low financial value as to make sale not cost effective.

(8) "Surplus Property" means all personal property, including lost, mislaid or abandoned property, vehicles and titled equipment that is worn-out, obsolete or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

C. General

(1) The University may, in accordance with this policy, dispose of any worn out, obsolete, scrap, or otherwise unsuitable surplus property, the disposal of which would be to the benefit of the University, except as set forth in subsection (2).

(2) This policies does not apply to any equipment, goods, supplies, material, information technology or other personal property encumbered by a certificate of participation that will be disposed of in accordance with applicable law.

D. Delegations

The University may follow the procedures set out herein or adopt its own rules, which rules will conform to the purposes set out below. Prior to adoption, the Vice President for Finance and Administration must approve the policies developed by the campus. In addition, the Board delegates to the President responsibility for implementing this policy . Purposes: Policy developed for surplus and scrap property will:

(1) Safeguard state assets;

(2) Create efficiency in surplusing or scrapping;

(3) Maximize the value received for property to the extent consistent with efficiency; and

(4) Attempt to reduce negative environmental impacts.

E. Environmental Standards

Disposal of surplus property and scrap will be accomplished in accordance with all state, federal, and local regulations regarding environmental health and recycling. If ownership of surplus property or scrap is transferred to another party, the University must document passing of title. The acquiring party assumes environmental responsibility when title transfers.

F. Maintenance of Proper Inventory Records and Justification of Sale or Disposal

(1) The University will set thresholds and standards that identify by value or type, for personal property for which disposal records must be maintained.

(2) Disposal records for assets, whether or not capitalized, will include the following information:

(a) Description of property and, if capitalized, asset number; and

(b) Reason, date, and method of disposal.

G. Disposition of Federally Funded Surplus Property

Federally funded property will be disposed of in accordance with applicable federal law or federal grant terms, if any. Otherwise, such property will be disposed of in accordance with these rules, or institution rules adopted hereunder.

H. Disposition of Property Acquired by Gift

Disposition of property acquired by gift will be in accordance with the Internal Revenue Code and any restrictions applicable to the property. Otherwise, the property will be disposed of in accordance with these or institution rules adopted hereunder.

I. Exchange or Trade-in Option

The University may exchange or trade-in property when such exchange or trade-in is in the best interest of the University and is otherwise in compliance with applicable rules or policy. Exchange or trade-in will be considered disposal for purposes of this policy. Records will be kept regarding the valuation methodology used in evaluating the relative benefits of trade-in, exchange or sale.

J. Transfer of Property to a Collaborating Government or Non-Profit Institution

Transfers of surplus property or scrap may be made to a collaborating government or other non-profit institution when intended for University purposes and consistent with restrictions on its transfer.

K. Method of Disposal; Eligibility to Acquire

(1) The University will use a method of disposal that is cost-effective, taking into account the costs of disposal and the potential for financial return. Disposal methods include, but are not limited to, exchanges, trade-ins, auctions, sealed bid sales, scrapping, fixed price retail sales, donation to other state agencies, Oregon political subdivisions, public non-profits, web-based auctions or sales and, for scrap, transfer for no valuable consideration.

(2) No current or former employee or agent for such will be granted any benefit or opportunity not granted the general public in acquisition of items through the disposal process.

(3) All property is conveyed "AS-IS, WHERE-IS" with no warranty, express or implied, of merchantability or fitness for a particular purpose, or any other warranties or guarantees. A purchaser or disappointed bidder will have no recourse against the State of Oregon, the University, or any of its officers, employees, or agents. All sales will be final.

(4) The University may provide that payment may be made by credit card, cash, cashier's check, personal check, wire transfer, or money order.

(5) Surplus property paid for, but not claimed with the time specified in the sales terms and conditions will be conclusively considered the property of the University and may be disposed of in compliance with this policy.

(6) Title to surplus property or scrap is transferred to the purchaser when the University makes the item available to the purchaser either by the purchaser, purchaser's agent, or purchaser's or institution's designated shipper taking possession of the item. Surplus property must be paid for in full before the University will make it available to the purchaser. Purchaser assumes all responsibility, including risk of loss or damage, for the item when title is transferred.

L. Disposal of Computer and Other Electronic Storage Devices and Media

Prior to disposal of any computer, computer peripheral, computer software, electronic storage device, or storage media device, the University will, as applicable, completely erase or otherwise render unreadable all information, data, and software residing on the Device, unless the information, data, or software is to be conveyed and may be conveyed lawfully.

Revolving Charge Accounts Policy

(1) The University offering extended payment terms utilizing a revolving charge account method shall adopt policies creating the Revolving Charge Account Plan, and describing the terms and conditions applicable to the Plan.

(2) Transactions covered by the Plan may include (by way of description and not limitation) tuition, fees, housing charges and other obligations primarily involving students; facilities rentals, lease agreements, program user charges and other transactions with nonstudents; and fines and penalties, incurred by anyone.

(3) If adopted, University policy shall:

(a) Describe the interest to be charged, as well as service charges, collection and other fees and costs, if any, and penalties that would apply should an account become delinquent;

(b) Provide for an agreement to be signed by the obligor, the form of which shall be approved by the Vice President for Finance and Administration; the University shall use its best efforts to have the agreement signed, except for debts arising from fines, penalties and the like; and

(c) Provide that tuition and fees incurred in any given term be paid in full prior to enrollment in any subsequent term.

Employment of More than One Member of a Household

(1) In appointing academic staff members, the University seeks those persons most qualified to fulfill its teaching, research and service obligations. Accordingly, members of the same family may be appointed to academic staff positions when it has been determined that they are the most qualified candidates for the positions.

(2) No academic staff member, without prior permission of the immediate supervisor, shall participate in employment decisions, supervision or grievance adjustment concerning or involving the staff member's spouse, child or stepchild.

Discrimination Based on Race, Color, Religion, National Origin, Disability, Age, Marital Status, Sex, or Sexual Orientation

The University shall not discriminate in employment based on race, color, religion, national origin, disability, age, marital status, sex or sexual orientation.

Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This policy applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between University employees, officials or employees and officials. This policy does not apply to disputes involving the negotiation of labor contracts or mattes about which a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this policy have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this policy affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this policy.

(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)–(j) of section (7) of this policy.

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this policy, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administration, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and

(b) The person agreeing to the confidentiality of the mediation on behalf of the University:

(A) Is neither a party to the dispute nor the mediator; and

(B) Is designated by the University to authorize confidentiality for the mediation; and

(C) Is at the same or higher level in the University than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the University, unless the University head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or Governor's designee.

(7) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4) and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(i) To the extent a mediation communication contains information on the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the University at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The University or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the University, may not be made confidential.

(9) When a mediation is subject to section (6) of this policy, the University will provide to all parties to the mediation and to the mediator a copy of this section or an explanation of where a copy of the policy may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.