Oregon Administrative Rules › Chapter 334 - BOARD OF MASSAGE THERAPISTS › Division 1 - PROCEDURAL RULES › Section 334-001-0032 - Source Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
			 Either the Board or the Executive Director must Award Contracts for Goods or
			 Services by one of the source selection methods in this rule. Except as
			 provided in section (2), (5) and (6) of this rule, the Board will generally
			 conduct a competitive process for Goods or Services by issuing a Solicitation
			 Document.
(2) Small Procurements:
			 Any procurement of Goods or Services not exceeding $15,000 may be awarded
			 without a competitive process. The Board may Award a Contract in any manner
			 deemed practical or convenient by the Board, including by direct selection or
			 Award. A procurement may not be artificially divided or fragmented so as to
			 constitute a small procurement under this rule.
(3) Intermediate Procurements: Any
			 procurement of Goods or Services exceeding $15,000 but not exceeding $150,000
			 may be awarded after seeking three competitive price quotes or Offers. Either
			 the Board or the Executive Director must keep a written record of the sources
			 of the Offers received. If three Offers are not reasonably available, fewer
			 will suffice, but either the Board or the Executive Director must make a
			 written record of the effort made to obtain the Offers. If a Contract is
			 awarded, either the Board or the Executive Director must Award the Contract to
			 the Offeror whose Offer will best serve the interests of the Board. A
			 procurement may not be artificially divided or fragmented so as to constitute
			 an intermediate procurement under this rule.
(4) Large Procurements: Any procurement of
			 Goods or Services exceeding $150,000 may be awarded after seeking three
			 solicited competitive Offers. The Board must keep a written record of the
			 sources of the Offers received. If three Offers are not reasonably available,
			 fewer will suffice, but the Board must make a written record of the effort made
			 to obtain the Offers. If a Contract is awarded, the Board must Award the
			 Contract to the Offeror whose Offer will best serve the interests of the
			 Board.
(5) Sole Source
			 Procurements: Either the Board or the Executive Director may Award a Contract
			 for Goods or Services without a competitive process when the Executive
			 Director, or a person designated in Writing by the Board, determines in
			 Writing, based on findings of current market research, that the Goods or
			 Services are available from only one seller or source.
(6) Emergency Procurements:
(a) General: The Executive Director may
			 conduct an Emergency procurement and enter into Contracts Awarded as Emergency
			 procurements in an Emergency. The Executive Director may conduct an Emergency
			 procurement and enter into Contracts Awarded as Emergency procurements
			 regardless of the dollar amount of the Contract without the Board's approval.
			 The Board may, in its discretion, enter into a contract without a competitive
			 solicitation if an emergency exists. Regardless of the dollar value of the
			 contract, the Board entering into an Emergency Contract must encourage
			 competition that is reasonable and appropriate under the Emergency
			 circumstances.
(b) Large
			 Procurements:
(A) Notwithstanding subsection
			 6(a) of this rule, the Executive Director may conduct an Emergency procurement
			 or enter into an Emergency Contract for a Large Procurement only upon the
			 approval of the Board.
(B) The
			 Executive Director may establish an extension of an Emergency Contract for a
			 Large Procurement without the approval of the Board, where the original
			 Contract specifically provides for the extension, the extension does not result
			 in any change in the terms and conditions of the Contract other than an
			 extension in its term.
(C) The
			 Executive Director must make reasonable efforts to report to the Board in
			 Writing, within five days of the Contract Award, or by the next scheduled Board
			 meeting following the Contract Award date, whichever is later, any Emergency
			 Contracts entered into by the Executive Director. However, the Executive
			 Director's inability or failure to report to the Board within this time must
			 not affect the validity of any Emergency Contract.