125-247-0200 Buy Decision and Methods of Source Selection (1) Buy Decision. The Buy Decision means the decision to buy Supplies and Services through socio-economic programs, agreements, or the open market (Source). Agency is not required to make a Buy Decision based on the lowest price. See the specific law for the Authority to use each Source. (2) Priority. Agencies must make their Buy Decision in the priority order set forth in subsections (a) through (d) and in accordance with applicable law (Priority). If a higher Priority Source satisfies a Procurement and law requires the use of that Source, the Agency must procure through that higher Priority Source and may not elect to procure through a lower Priority Source. (a) Surplus Property. Procuring from surplus property promotes the efficient use of existing resources (see OAR 125-050-0100 through 125-050-0400). (b) Oregon Forward Contractors (OFCs) (formerly known as Qualified Rehabilitation Facilities (QRFs). Procuring from OFCs assists individuals with disabilities through gainful employment (see ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045). (c) Inmate Labor. See the Oregon Constitution, Article I, Section 41, subsection 11, which encourages the use of inmate work programs. (d) Statewide Department Price Agreement. Economy and efficiency are promoted through volume and strategic purchases. Some Statewide Department Price Agreements are Mandatory Use Contracts, described in OAR 125-247-0296. To determine if a Price Agreement exists and whether it is mandatory, use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer and perform a “Statewide Contract Search” or an “Award Search” for “active” Contracts. Under ORS 279A.140, DAS has the procurement Authority to establish and administer statewide Price Agreements, and in accordance with the terms of each Price Agreement, DAS delegates to the Agencies the Authority to use these Statewide Department Price Agreements. A statewide Department Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement. If a Statewide Department Price Agreement is silent or unclear on the threshold limitation on the delegated Authority to use the Price Agreement, the Agency’s delegated Authority to use the Price Agreement is not to exceed $250,000, unless the Agency has Authority greater than $250,000 in a form in accordance with OAR 125-246-0165(4). (3) ORS 190 Agreement. Section (2) does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement, Intergovernmental Agreement, Interstate Agreement, International Agreement, or Tribal Agreement (see OAR 125-246-0365). An Agency may elect to use an ORS 190 Agreement at any time. (4) Open Market. If sections (2) and (3) do not apply, the Agency may procure Supplies and Services through the open market, using the methods provided under the Public Contracting Code, related Rules, and policies. See ORS 279AB, OAR 125-246 and 247. (5) Methods of Source Selection. An Authorized Agency must award a Contract for Supplies and Services by one of the following seven sourcing methods in accordance with the Code and related Rules: (a) Competitive Sealed Bidding according to ORS 279B.055; (b) Competitive Sealed Proposals according to ORS 279B.060; (c) Small Procurement according to ORS 279B.065; (d) Intermediate Procurement according to ORS 279B.070; (e) Sole-Source Procurement according to ORS 279B.075; (f) Emergency Procurement according to ORS 279B.080; or (g) Special Procurement according to ORS 279B.085. A Cooperative Procurement in accordance with OAR 125-246-0400 substantially uses a Competitive Sealed Bidding or Competitive Sealed Proposals method. (6) All State Contracting Agencies must comply with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department statewide policy. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023 DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023 DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05