Or. Admin. Code § 101-005-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 101-005-0030 - Definitions

For the purposes of OARs 101-005-0010 through 101-005-0140 the following terms have the meanings indicated below.

(1) "Benefit Plan" includes, but is not limited to:

(a) Contracts for insurance or other benefit based on life; supplemental medical, supplemental dental, optical, accidental death or disability insurance; group medical, surgical, hospital, flexible spending account, or any other remedial care recognized by state law; and related services and supplies.

(b) Comparable benefits for employees who rely on spiritual means of healing;

(c) Self insurance programs managed by the Board, and;

(d) Employee assistance programs.

(2) "Benefits" means those goods and services provided under Benefit Plans.

(3) "Board" means the ten-member Public Employees' Benefit Board. created by ORS 243.061.

(4) "Consultant" means consultants, brokers or other advisory personnel hired by the Board pursuant to ORS 243.125(5) to assist in acquiring adequate Benefit Plan coverage for eligible state employees; assist in the study of all matters connected with the provision of adequate Benefit Plan coverage for eligible state employees; assist in the development and implementation of decision-making processes; design and implement additional programs to review, monitor and assist in the improvement of Eligible Employees and their dependents' health; and provide other services as required by the Board.

(5) "Contractor" means an individual or firm selected to provide Benefits Plan services and other services with whom the Board contracts;

(6) "Eligible Employee" shall have the same definition as is described in ORS 243.105(4).

(7) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Create a substantial risk of loss, damage or interruption of Benefits or other services or a substantial threat to property, public health, welfare or safety; and

(c) Require prompt execution of a contract to remedy the condition.

(8) "PEBB" means the agency, overseen by the Board, that is within the Department of Administrative Services until the operational transfer to the Oregon Health Authority described in OAR 943-001-0015(2).

(9) "Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

(10) "Proposal" means a competitive Proposal, binding on the Proposer and submitted in response to a Request for Proposals.

(11) "Proposer" means a Person who submits a Proposal in response to a Request for Proposals.

(12) "Renewal Contractors" means those Contractors who provided the same or similar employee Benefit Plan or other services under a contract with the Board in the year immediately prior. An employee Benefit Plan or other services contract is similar if it is reasonably related to the scope of work described in the procurement under which such a contract was awarded.

(13) "Request for Proposals" or "RFP" means all documents, whether attached or incorporated by reference, used for soliciting Proposals.

(14) "Responsible Proposer" means a person who meets the standards of responsibility described in OAR 101-005-0130.

(15) "Responsive Proposal" means a Proposal that substantially complies with the request for proposals and all prescribed procurement procedures and requirements.

(16) "Single Source" means the only vendor of a particular product or service reasonably available. If the Board chooses to procure a particular Benefit or service that is only available from one vendor, documentation must be maintained to support the determination that the product or service is available only from that one seller.

(17) "Formal Selection Procedure" means the process described in OAR 101-005-0040(1).

(18) "Informal Selection Procedure" means the process described in OAR 101-005-0040(2).

(19) "ORPIN" means the Oregon Procurement Information Network, an online service operated by the Department of Administrative Services that displays procurements and contracts issued by the State of Oregon's agencies.

(20) "Selection Committee" means the group of individuals comprised of PEBB staff, Board members, constituents, or consultants associated with PEBB who review, score, and recommend an Apparent Successful Proposer (ASP selected as a result of a RFP issued by PEBB) to the Board for approval.

(21) "Small Procurement" means the process described in OAR 101-005-0040(4).

(22) "Vendor" means the contractors from which PEBB will secure services other than Benefits.

Or. Admin. Code § 101-005-0030

PEBB 1-2003, f. & cert. ef. 12-4-03; PEBB 1-2004, f. & cert. ef. 7-2-04; PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05; PEBB 1-2009(Temp), f. & cert. ef. 2-24-09 thru 8-22-09; PEBB 2-2009, f. 7-29-09, cert. ef. 8-1-09; PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10; PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019; PEBB 2-2019, amend filed 03/19/2019, effective 3/19/2019

Statutory/Other Authority: ORS 243.125

Statutes/Other Implemented: ORS 243.125(1)