125-246-0170 Delegation of Authority (1) Generally. (a) Purpose. This Rule delegates the procurement Authority of the Department (Authority). Only this Rule delegates this Authority. (b) Authority of Agencies. The Director of the Department delegates Authority to the Designated Procurement Officers of the Authorized Agencies in section (2) of this Rule. (c) Authority of the State Chief Procurement Officer. The Director of the Department delegates Authority to the State Chief Procurement Officer in Section (3) of this Rule. (d) Authority of Independent Agencies. The Director of the Department delegates Authority in certain instances to Independent Agencies in Section (4) of this Rule. (e) Authority of the Director. According to ORS 279A.140, the Department must conduct all Procurements, including Contract Administration, for the Agencies. Other Sections of the Code authorize specific actions by the Director of the Department. According to ORS 279A.050(1) and (2), this Authority of the Department vests only in the Director of the Department. The Director is ultimately responsible for the Procurement of the Agencies. (2) Delegation to Individuals in Agencies. (a) Chain of Delegation and Responsibilities. (A) Head and Designated Procurement Officer of the Agency. (i) Conditional Delegation. The Director of the Department delegates Authority, only as set forth in this Section (2), to the heads of Authorized Agencies, on the condition that the head of each Authorized Agency subdelegate such Authority to the Agency’s Designated Procurement Officer, who may further subdelegate such Authority in accordance with policies of the Agency (Chain of Delegation). Each Authorized Agency must appoint a Designated Procurement Officer to serve that Authorized Agency; if none is appointed, the head of the Agency is deemed to be the Designated Procurement Officer and assumes the Authority, duties and responsibilities of the Designated Procurement Officer (collectively, “Designated Procurement Officer”). The head of each Agency may not subdelegate Authority outside this Chain of Delegation, except as provided in subsection (2)(a)(B). (ii) Manner of Appointment. The Authorized Agency may determine its procedure for appointing its Designated Procurement Officer, and this Rule does not require or imply any inherent Authority in individual(s) or the Agency in order to make this appointment. The Agency must, in a form approved by the State Chief Procurement Officer, send a Written notice of its appointment of the Designated Procurement Officer to the State Chief Procurement Officer. (iii) The State Chief Procurement Officer may approve the appointment of the Designated Procurement Officer in accordance with ORS 279A.159, these Rules, and Department policies. (iv) Each Designated Procurement Officer shall prepare and maintain on file with the Agency’s Designated Procurement Officer a current procurement plan. The plan should include the anticipated Procurements for the fiscal year or biennium, and a List of procurement staff and their certifications or qualifications. (B) Exceptions: Head and Other Individuals of the Agency. (i) Execution of Contracts. Heads of Authorized Agencies may subdelegate the Authority to execute Contracts, as described in subsection (2)(b)(F), to other individuals within their respective Agency, provided this subdelegation is in accordance with a Written alternative subdelegation plan, maintained on file with the Agency’s Designated Procurement Officer. (ii) Special Procurements of General or Special Counsel Authorized by the Attorney General, according to OAR 125-247-0295. Heads of Authorized Agencies may subdelegate the Authority to procure general or special counsel authorized by the Attorney General, as described in subsection (2)(d)(L), to other individuals within their respective Agency, provided the head of the Authorized Agency has determined that the individual receiving the subdelegation has the requisite skills and knowledge to carry out the subdelegation. Such subdelegations may be further subdelegated within that Authorized Agency, provided the subdelegator has determined that each individual receiving the Delegation has the requisite skills and knowledge to carry out the subdelegation. (iii) Chain of Delegation. Authorized Individuals in accordance with Subsections (2)(a)(B)(i) and (ii) are included in the Chain of Delegation. (C) Responsibilities. Each individual in the Chain of Delegation remains responsible for the exercise of Authority by that individual’s subdelegatees, and subdelegation does not waive this responsibility. Each delegator must determine and document that the delegatee is capable and accountable for the Procurement. The Designated Procurement Officer, appointed within each Authorized Agency, is responsible for all delegated procurement activity on behalf of the Authorized Agency, as described in this section (2), except as provided in subsection (2)(a)(B). (b) Duties and Responsibilities of Designated Procurement Officers. The Authority, duties and responsibilities of the Designated Procurement Officer, according to (2)(a)(A), are as follows: (A) Serve as the exclusive supervisor and manager of the Authorized Agency's Procurement system; (B) Conduct, supervise and manage the Procurement and the Procurement Process for the Authorized Agency in accordance with the Code and these Rules, except for those Procurements conducted by a delegatee to whom the Designated Procurement Officer has delegated Authority; (C) Prepare or monitor the use of Specifications or statements of work for all Procurements of the Authorized Agency; (D) Issue Solicitations and implement other non-Solicitation methods for all Procurements of the Authorized Agency in accordance with the Code and these Rules; (E) Award Contracts only as authorized in accordance with this Rule; (F) Execute Contracts, which means causing the signing of Contracts and performance of all necessary formalities to bring the Contracts into their final, legally enforceable forms. If the Designated Procurement Officer is unable to make a Commitment of Funds as described in OAR 125-246-0165(8), then the head of the Authorized Agency may follow an alternative subdelegation plan in accordance with Subsection (2)(a)(B)(i). (G) Comply with the reporting requirements and the training and certification requirements of the Code, these Rules, and Department policies; (H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contracts, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Monitoring Contract development, awards, and compliance applies to all Delegations; (I) Based upon the monitoring described in subsection (2)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing; and (J) Conduct Cost Analyses, approve Feasibility Determinations and Exceptions, and otherwise comply with OAR 125-247-0110. (c) Delegation by Rule Based Upon Thresholds. By this Rule, the Director of the Department delegates Authority to the heads of all Authorized Agencies, subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration: (A) Small Procurements of Supplies and Services up to and including the Threshold of $25,000, according to ORS 279B.065 and related Rules; (B) Direct appointments of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to OAR 125-248-0200; (C) Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from these Procurements, according to ORS 279B.070, OAR 125-247-0270, and any related policy; (D) Informal Selection Procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to ORS 279C.110 and OAR 125-248-0210, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department; (E) Competitive Quotes for Public Improvements estimated not to exceed $100,000, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department; (F) Competitively Sealed Bidding not exceeding $250,000 and according to OAR 125-247-0255; (G) Competitively Sealed Proposals not exceeding $250,000 and according to OAR 125-247-0260; (H) Sole-Source Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR 125-247-0275; (I) Special Procurements in accordance with OAR 125-247-0287 not exceeding $250,000. This is the Authority to use the Special Procurement. Approval of the Special Procurement method must be requested from the State Chief Procurement Officer pursuant to OAR 125-247-0287. (J) Purchase of Used Personal Property Special Procurements not exceeding $250,000 and according to OAR 125-247-0288(10); (K) Reverse Auctions Special Procurements not exceeding $250,000 and according to OAR 125-247-0288(11); and (L) Contract Administration as follows: (i) For Contracts and Ordering Instruments authorized according to this section (2)(c) and (d), the Contract Administration of these Public Contracts and Ordering Instruments, including but not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s); but excluding the Contract Administration described in Subsection (v) below; (ii) The daily or routine Contract Administration of Ordering Instruments placed against Department Price Agreements and Contracts procured by the Department on behalf of Agencies. This daily or routine Contract Administration includes but is not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s); (iii) Activities specified in Writing by the State Chief Procurement Officer or delegatee; (iv) Activities specified in a related policy of the Department; and (v) Despite subsection (2)(c)(L)(i) through (iv) above, this Delegation by subsection (2)(c)(L) does not include: (I) The Contract Administration of Department Price Agreements; or (II) For Contracts procured by the Department on behalf of Agencies, Amendments when the amended value of Contract exceeds $250,000; and terminations of such Contracts when the amended value of such Contract exceeds $250,000. (vi) 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). (d) Delegation by Rule Based Upon Type. By this Rule, the Director of the Department delegates Authority to the heads of all Authorized Agencies, subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration: (A) Emergency Procurements, in accordance with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or related Rules; (B) One-time, nonrepetitive Joint Cooperative Procurements in accordance with OAR 125-246-0400, provided that: (i) No such Procurement results in a Permissive Cooperative Procurement that is open to any Agency outside of those Agencies jointly named in the original Procurement; (ii) No such Procurement of Supplies and Services exceeds the Threshold of $250,000, including all Amendments, according to OAR 125-247-0805; (iii) No such Procurement of Public Improvements exceeds $100,000, including Amendments according to OAR 125-249-0160 and 125-249-0910; and (iv) The Authorized Agency must follow any related policy of the Department. (C) Federal program Procurements not exceeding $250,000 or according to a delegation agreement with the State Chief Procurement Officer, and in accordance with ORS 279A.180 and related Rules; (D) Client Services Special Procurements according to OAR 125-247-0288(1) and (2); (E) Client Services procured under ORS 279B.055 through 279B.085 and related Rules, including all amendments according to OAR 125-247-0805; (F) Renegotiations of Existing Contracts with Incumbent Contractors Special Procurements according to OAR 125-247-0288(3) and as follows: the Authorized Agency is limited to the same Authority delegated to that Agency with regard to the Original Contract and any Amendments and may not collectively exceed any Threshold related to its Authority to procure the Original Contract, except this limit may be exceeded with the prior Written approval of the State Chief Procurement Officer; (G) Advertising Contracts Special Procurements according to OAR 125-247-0288(4); (H) Equipment Repair and Overhaul Special Procurements according to OAR 125-247-0288(5); (I) Contracts for Price Regulated Items Special Procurements according to OAR 125-247-0288(6); (J) Investment Contracts Special Procurements according to OAR 125-247-0288(7); (K) Food Contracts Special Procurements according to OAR 125-247-0288(8); (L) Purchase of Used Personal Property according to OAR 125-247-0288(10); (M) Reverse Auctions according to OAR 125-247-0288(11); (N) Manufacturer direct Goods and Services according to OAR 125-247-0288(12); (O) Urgent Personal Services Contract Needs according to OAR 125-247-0288(13); (P) Special Procurements of General or Special Counsel Authorized by the Attorney General, according to OAR 125-247-0295; (Q) Special Procurement(s) related to disaster response, according to OAR 125-247-0287; (R) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services (A&E) Procurement according to OAR 125-248-0200 through 125-248-0340, in accordance with standards of training, certification, or experience approved by the State Chief Procurement Officer; (S) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691; and (T) Brand Name Specification Determinations for Sole Source Procurements not exceeding $250,000 and according to OAR 125-247-0691. (U) Selling or leasing of Supplies and Services in accordance with OAR 125-246-0800. (V) Buy Decision in accordance with OAR 125-247-0200(1) and (2). The Agency’s delegated Authority to use each Priority Source in the Buy Decision 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) Delegation to the State Chief Procurement Officer. (a) Powers and Authorities. The Director of the Department delegates to the State Chief Procurement Officer the rights, powers and Authority vested in the Director of the Department to: (A) Delegate and subdelegate these authorities in whole or in part according to ORS 279A.075; (B) Approve Special Procurement requests, according to ORS 279B.085 and related Rules, and receive filed protests of approvals of Special Procurements, according to ORS 279B.400(1); (C) Conduct hearings, approve agency Findings, approve exemption requests, and issue exemption orders, according to ORS 279C.335, ORS 279C.345, 279C.390, and related Rules; (D) Create all procedures and Specifications required by the Public Contracting Code and these Rules; (E) Receive, maintain, and act upon information contained in reports, including but not limited to ORS 279A.140(h) and 279C.355, as required by the Public Contracting Code and these Rules; (F) Receive and resolve protests according to ORS 279B.400 to 279B.420 and Division 247 Rules, except for appeals from a decision of the State Chief Procurement Officer or delegatee; (G) Receive notices, conduct hearings, and make decisions regarding prequalifications, debarments, and Disqualifications according to ORS 279A.110, 279B.425, 279C.450, 200.065(5), and 200.075(1), except for appeals from a decision of the State Chief Procurement Officer or delegatee; (H) Approve expedited notices for Sole-Source Procurements according to OAR 125-247-0275; (I) Procure and administer Cooperative Procurements and receive, hear, and resolve related protests and disputes, according to ORS 279A.200 through 279A.225 and OAR 125-246-0400; (J) Approve General Service Administration federal programs or federal Contracts in accordance with OAR 125-246-0360; (K) Authorize public notice of bids, proposals, and public improvement Contracts to be published electronically and according to ORS 279B.055(4)(c) and 279C.360(1); (L) Approve the manner and character of retainage according to ORS 279C.560(1) and (5); (M) Approve exemptions waiving or reducing the bid security or bonds for Public Improvement projects in accordance with ORS 279C.390(1); (N) Approve electronic-filing (e-filing) in accordance with ORS 84.049, 84.052 and 84.064; (O) Approve procurement-related activities required by other law; (P) Establish standards of required education, training, professional experience, or a combination thereof pursuant to ORS 279A.159, approve programs or persons that satisfy the standards, and determine any disputes, or requests for exception or sub-delegation. (Q) Approve requests for an exception to the prohibition on accepting a Bid or Proposal from a Contractor that advised or assisted a Contracting Agency to develop Specifications or Solicitation Documents according to ORS 279B.040; and (R) Approve exceptions pursuant to 2021 Laws, Chapter 678 (HB 3011), Section 17 regarding qualified projects utilizing American Rescue Plan Act funds; (S) Make. r eview, continue, amend, or rescind waiver findings and delegate duties in accordance with HB 3332, Chapter 541, (2023 Laws); and (T) Other procurement actions of the Department specifically required by these Rules. (b) Duties and Responsibilities of the State Chief Procurement Officer. The Authority, duties and responsibilities of the State Chief Procurement Officer are as follows: (A) Conduct Procurements, including administration of Contracts, for Agencies. (B) Develop and maintain State-wide Procurement rules, policies, procedures and standard procurement documents and contract terms and conditions as necessary to carry out the Public Contracting Code. (C) Subdelegate Authority in whole or part, in accordance with OAR 125-246-0165(9); (D) Revoke Authority delegated by the State Chief Procurement Officer or in accordance with OAR 125-246-0165(10); (E) Maintain a file of Written subdelegation Authority granted and revoked under these Rules in accordance with the law; (F) Provide guidance and leadership on Procurement matters to Agencies and their employees; (G) Establish standards of required education, training, or experience and provide training and instruction opportunities to assure Department staff and Agency staff are equipped with necessary knowledge and skills to comply with requirements of the Public Contracting Code, Rules, and Department policy related to Procurement; (H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contract, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Report these matters to the Authorized Agency and Director as appropriate. Monitoring Contract development, awards, and compliance applies to all Delegations; (I) Based upon monitoring described in subsection (3)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing. (J) Appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition according to ORS 279A.015. (c) Delegation by Rule Based Upon Threshold. By this Rule, the Director of the Department delegates Authority to the State Chief Procurement Officer for the following Procurements, including Contract Administration: (A) Small Procurements of Supplies and Services on behalf of Agencies not to exceed $25,000 according to ORS 279B.065; (B) Intermediate Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from Intermediate Procurements, on behalf of Agencies and according to ORS 279B.070 and OAR 125-247-0270; (C) Informal Selection procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, on behalf of Agencies and according to ORS 279C.110 and OAR 125-248-0210; (D) Competitive Quotes of Public Improvements estimated not to exceed $100,000, according to ORS 279C.410 notes and OAR 125-249-0160; and (E) All Procurements exceeding the Thresholds for Intermediate Procurements, Informal Procurements, or Competitive Quotes, according to ORS 279B.070 and OAR-125-247-0270 (Supplies and Services); ORS 279C.110 and OAR 125-248-0210 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services); and ORS 279C.410 and OAR 125-249-0210 (Public Improvements), respectively. (d) Delegation by Rule Based Upon Type. By this Rule, the Director of the Department delegates Authority to the State Chief Procurement Officer for the following Procurements, including Contract Administration: (A) Cooperative Procurements in accordance with ORS 279A.200 through 279A.225 and OAR 125-246-0400; (B) Special Procurements according to ORS 279B.085 and related Rules; (C) Sole-Source Procurements in accordance with ORS 279B.075 and OAR 125-247-0275; (D) Emergency Procurements in accordance with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or related Rules; (E) Federal program Procurements in accordance with ORS 279A.180 and OAR 125-246-0360; (F) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services (A&E) Procurement according to OAR 125-248-0200 through 125-248-0340, in accordance with standards of training, certification, or experience approved by the State Chief Procurement Officer; (G) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691; (H) Brand Name Specification Determinations for Sole Source Procurements according to OAR 125-247-0691; (I) Selling or leasing of Supplies and Services in accordance with OAR 125-246-0800; (J) All Procurements otherwise delegated to an Authorized Agency according to Section (2) if the State Chief Procurement Officer, at the State Chief Procurement Officer’s own discretion, revokes and assumes this delegated Authority, based upon a determination that any Authorized Agency refuses or fails to comply with any Delegation described in section (2); and (K) Buy Decision in accordance with OAR 125-247-0200(1) and (2). (4) Delegation to Independent Agencies. (a) For purposes of this section, “Independent Agency” means an agency claiming Procurement Authority independent from the Procurement Authority of DAS. (b) The Director of the Department delegates to Independent Agencies the same Authority with the same application as delegated to Authorized Agencies under OAR 125-246-0170, as if the Independent Agencies are Authorized Agencies, upon the following condition: when an Independent Agency exercises this delegated Authority, it must comply in that instance with the same DAS Rules applicable to an Authorized Agency. (c) In relation to Independent Agencies, the Director of the Department delegates to the State Chief Procurement Officer those authorities described in OAR 125-246-0170(3) and the Public Contracting Code as they relate to Authorized Agencies. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.075 & 279A.140 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 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 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 3-2012, f. 11-29-12, cert. ef. 12-1-12 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 Reverted to DAS 9-2005, f. & cert. ef. 8-3-05 DAS 15-2005(Temp), f. & cert. ef. 12-22-05 thru 5-21-06 DAS 9-2005, f. & cert. ef. 8-3-05 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05