reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0635 - Authorized Agency and Provider Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Research Phase. Authorized Agencies are
			 encouraged to conduct research with Providers who can meet the State's needs.
			 This research includes but is not limited to: meetings, industry presentations,
			 and demonstrations with any Providers that, in the Agency's discretion, may be
			 able to meet an Agency's need. Authorized Agencies must document the items
			 discussed during the research phase of Solicitation development. The research
			 phase ends the day of a Solicitation release or request for a Quote according
			 to an Intermediate Procurement, unless the Solicitation or Intermediate
			 Procurement provides for a different process that permits on-going
			 research.
(2) Solicitation and
			 Contracting Phase. Any communication between an Authorized Agency and Providers
			 regarding a Solicitation, that occurs after the Solicitation release or request
			 for a Quote and before the Award of a Contract, must only be made within the
			 context of the Solicitation Document or Intermediate Procurement requirements
			 (Communication). This Communication may allow for Discussions, Negotiations,
			 Addenda, Providers' questions, and the Agency's answers to Providers' questions
			 about terms and conditions, Specifications, Amendments, or related matters.
			 During this phase, telephone conversations and meetings must be documented in
			 the Procurement File. Written inquiries regarding the Solicitation should be
			 responded to by the Authorized Agency in Writing. A record of all material
			 Communications regarding the Solicitation by interested Providers must be made
			 a part of the Procurement File according to OAR 125-246-0556.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.015,
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0800 - Policy; Applicability; Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy. A sound and responsive Public
			 Contracting system, according to ORS
			 279A.015, may include
			 purchasing, selling, and leasing activities. By definition, a Public Contract
			 includes sales and leases by Agencies according to ORS
			 279A.010(1)(z).
			 The policies of ORS 279A.015 apply to public selling
			 and leasing activities.
(2)
			 Applicability. This Rule applies to the sales and leases of Supplies and
			 Services. This Rule does not apply to residential property or the public
			 selling activity of Agencies specifically exempted from the Public Contracting
			 Code by another provision of law or specifically authorized to conduct public
			 selling or leasing activity by another provision of law. The sale or lease of
			 Supplies and Services includes but is not limited to: concessions, software
			 rights, and personal property.
(3)
			 Methods. Agencies must use a method, as feasible for selling or leasing,
			 according to ORS 279B.055 through
			 279B.085. For the sale of Goods,
			 the value of the sale transactions for the purpose of selecting the appropriate
			 sourcing method must be based on the gross amount of receipts.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.010(x),
				  279A.015,
				  279A.050(1)(2),
				  279A.065(5)(a)
				  & 279A.070
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0900 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any violation
			 of ORS 279A.140,
			 279A.280, or
			 279B.270 must be punished as
			 described in 291.990, pursuant to
			 279A.990(1).
(2) Upon notice to the Department of an
			 alleged violation pursuant to ORS 279A.990(1), the Department, at its own
			 discretion, may provide to an individual of an Agency or an Agency an optional
			 administrative process with an opportunity for remedy prior or parallel to a
			 legal process leading to conviction or a Department certification leading to
			 other penalties provided by ORS
			 291.990. This Rule and
			 administrative process may address related considerations, including but not
			 limited to:
(a) What specific actions are
			 interpreted as violations giving rise to penalties;
(b) Applicability to individuals of Agencies
			 and Agencies, regardless of whether delegated Authority existed pursuant to OAR
			 125-246-0170; and
(c) The placement
			 of responsibility for violations along the chain of delegated
			 responsibility.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0010 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS Chapter
			 279B and this Division 247 apply the policies of ORS
			 279A.015 to the Procurement of
			 Supplies and Services. The seven sourcing methods for procurement, procedures,
			 and legal remedies set forth in ORS Chapter 279B and these Rules simplify,
			 clarify and modernize procurement practices so that they reflect the market
			 place and industry standards. ORS Chapter 279B and this Division 247 provide a
			 Public Contracting structure that can take full advantage of evolving
			 procurement methods as they emerge within various industries, according to ORS
			 279A.015(6).
(2) Specific procedures accompany each
			 method, followed by a Section of general procedures. Authorized Agencies must
			 comply with both the specific procedures of a method and general
			 procedures.
(3) The responsibility
			 of the Designated Procurement Officer and any delegatee of an Authorized Agency
			 is to choose the appropriate sourcing methods in accordance with the Code,
			 Rules, and policy, and arrive at offers that represent optimal value to the
			 Agency and the State.
(4)
			 Meaningful competition can be achieved through various strategies and sourcing
			 methods when procuring Supplies and Services, and this competition must be
			 reasonably calculated and demonstrated to satisfy the Authorized Agency's and
			 the State's needs.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.010
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0100 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the general requirements set forth in Division 246 of these Rules, the Rules in
			 this Division 247 apply to Public Contracting for Supplies and Services. In the
			 event of conflict or ambiguity, the more specific requirements of the Rules in
			 this Division 247 take precedence over the more general requirements of the
			 Rules in Division 246.
(2) The
			 Rules implement the Oregon Public Contracting Code, as defined in ORS 279A.010,
			 and this Division 247 of the Rules specifically addresses matters covered in
			 ORS Chapter 279B.
(3) For purposes
			 of these Division 247 Rules, the Department adopts the following Model Public
			 Contract Rules, as revised and effective January 1, 2016:
OAR 137-047-0255, 137-047-0257, 137-047-0260, 137-047-0261,
				137-047-0265, 137-047-0270, 137-047-0310, 137-047-0320, 137-047-0400,
				137-047-0410, 137-047-0420, 137-047-0440, 137-047-0450, 137-047-0460,
				137-047-0470, 137-047-0480, 137-047-0490, 137-047-0525, 137-047-0575,
				137-047-0620, 137-047-0640, 137-047-0650, 137-047-0660, 137-047-0670,
				137-047-0700, 137-047-0710, 137-047-0720, 137-047-0745, 137-047-0740,
				137-047-0750, 137-047-0760, 137-047-0800, 137-047-0810.
Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS
				  279B.015
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0110 - Feasibility Determination, Cost Analysis and Department Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Table of Contents for this Rule is as
			 follows:
(a) Section 2: Generally
(b) Section 3: Feasibility
			 Determination
(c) Section 4: Cost
			 Analysis: Estimation of Agency and Contractor Data
(d) Section 5: Decision: Comparison of
			 Compensation and Other Costs
(e)
			 Section 6: Decision: Comparison of Agency and Contracting Costs
(f) Section 7: Department Evaluation and
			 Report
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0165 - Practices Regarding Electronic Goods Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 279B.025 requires the Department to establish procurement practices that ensure, to the
			 maximum extent economically feasible, Procurement of Goods that may be recycled
			 or reused when discarded.
(2) The
			 Department and Authorized Agencies must procure Electronic Goods in a manner
			 that includes consideration of the impact of the electronic goods upon the
			 environment and public health, in addition to consideration of economic and
			 community interests, in accordance with goals of Sustainability pursuant to ORS
			 184.423.
			 The Department and Authorized Agencies, separately or together, may:
(a) Consult with stakeholders to develop
			 procedures or guidelines for Procurement of Electronic Goods; and
(b) Address policy and procedure decisions
			 including but not limited to: recycling, relationship to Rules for State
			 Surplus Property as set forth in OAR 125-246-0700 through 125-246-0730, Energy
			 Star certifications, promote toxic use reduction, and the use of certain
			 components such as mercury or lead that have detrimental impacts.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0170 - Life Cycle Costing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Policy.
(a) Analysis. Life Cycle Costing
			 provides a method of analysis, considering Sustainability and analyzing total
			 cost of ownership as part of the best value of the purchased Goods (Products).
			 The method applies to the development of Life Cycle Costing criteria for a
			 Solicitation, collection of Product information about Life Cycle, evaluation of
			 Offers, selection of Contractor(s), and award of Contract(s). Using this
			 method, Agency does not award a Contract based solely on the lowest price, and
			 a low Bid would include Life Cycle Costing.
(b) Planning. Agency must consider using Life
			 Cycle Costing during planning for Competitive Sealed Bidding or Proposals. Life
			 Cycle Costing is optional for other sourcing methods under this Division
			 247.
(c) Services Related to the
			 Product. Agency may also consider the costs of Services related to a Product,
			 including other Sustainability criteria.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0185 - Approval of Information Technology or Telecommunications Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any
			 Procurement of Information Technology or Telecommunications with an anticipated
			 Contract Price of $1,000,000.00 or more, a state agency, as defined in ORS
			 279A.010,
			 must obtain prior Written approval from the State Chief Information Officer. In
			 addition, and regardless of the anticipated Contract Price, a state agency, as
			 defined in ORS
			 279A.010,
			 must obtain any review or approval the State Chief Information Officer may
			 require in accordance with ORS
			 184.477,
			 279A.050,
			 279A.075, and
			 279B.075 (HB 3099) or ORS
			 279B.030 (SB 1539).
(2) In accordance with
			 OAR 125-247-0110(7), a State Contracting Agency that conducts a cost analysis
			 in accordance with ORS
			 279B.033 or makes a determination under ORS
			 279B.036 in connection with a procurement for services related to information technology
			 must provide the State Chief Information Officer and the Legislative Fiscal
			 Office with copies of the final cost analysis the state contracting agency
			 prepared under ORS
			 279B.033 or the final determination the state contracting agency made under ORS
			 279B.036.
			 For purposes of this subsection, information technology is defined in ORS
			 291.045(1)
			 and includes, but is not limited to, all present and future forms of hardware,
			 software, and services for data processing, office automation, and
			 telecommunications.
(3) The
			 requirement to provide the materials described in subsection (2) to the State
			 Chief Information Officer does not apply to the Secretary of State or the State
			 Treasurer.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  184.477,
				  279A.050,
				  279A.075,
				  279B.030  (SB 1539) & 279B.075 (HB 3099)
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0200 - Buy Decision and Methods of Source Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0265 - Small Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. For
			 Procurements of Goods or Services less than or equal to $25,000 an Authorized
			 Agency may Award a Contract as a Small Procurement pursuant to ORS
			 279B.065.
(2) Amendments. An Authorized Agency may
			 amend:
(a) A Contract Awarded as a Small
			 Procurement before January 1, 2014 in accordance with OAR 125-247-0805, but the
			 cumulative amendments must not increase the total Contract Price to a sum
			 greater than $6,000;
(b) A Contract
			 Awarded as a Small Procurement on or after January 1, 2014 and before January
			 1, 2024 in accordance with OAR 125-247-0805, but the cumulative amendments must
			 not increase the total Contract Price to a sum greater than $12,500;
			 and
(c) A Contract Awarded as a
			 Small Procurement on or after January 1, 2024 may be amended in accordance with
			 OAR 125-247-0805.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0270 - Intermediate Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) See OAR
			 137-047-0270.
(2) Regardless of OAR
			 137-047-0270, Authorized Agencies must comply with the following provisions:
(a) Amendments. If the cumulative value of
			 the original Contract Price and all Amendments exceeds $250,000, or one hundred
			 twenty-five percent (125%) of the original Contract Price, whichever is
			 greater, then the Authorized Agency must request and obtain prior approval of a
			 Special Procurement in accordance with OAR 125-247-0287.
(b) Written Solicitation. Authorized Agencies
			 are not required to use a Written Solicitation, unless an Agency's Designated
			 Procurement Officer requires a Written Solicitation. This Written Solicitation
			 may allow revisions to the Solicitation and opportunity for protests, at the
			 discretion of the Agency.
(c)
			 Documentation. Authorized Agencies must document:
(A) The method used by the Agency;
			 and
(B) Communications between the
			 Agency and prospective Offerors.
(d) Borderline Procurements. If an Authorized
			 Agency's Designated Procurement Officer in good faith estimated that the
			 Procurement would be equal to or less than $250,000, and learned thereafter
			 that all of the Offers were minimally exceeding $250,000, this Procurement
			 complies with ORS 279B.070 and this Rule upon the
			 following conditions:
(A) The Designated
			 Procurement Officer must document in the Procurement File the basis for the
			 original estimate under $250,000 and the process used; and
(B) The Agency must comply with the remainder
			 of ORS 279B.070 and this
			 Rule.
(e) Notice on
			 OregonBuys. The Agency must post on OregonBuys or other Electronic Procurement
			 System approved by the State Chief Procurement Officer a notice that it is
			 seeking at least three Offers.
(A) The Notice
			 must provide:
(i) A general description of the
			 Supplies and Services to be acquired;
(ii) Contact information;
(iii) An adequate time period in accordance
			 with the DAS COBID (formerly MWESB) Policy; and
(iv) For Intermediate Procurements exceeding
			 $100,000, the Time Period must be a reasonable interval of at least seven (7)
			 calendar Days. Despite this Time Period, Authorized Agencies may determine that
			 a shorter Time Period is in the public's interest and that a shorter Time
			 Period will not substantially affect competition. The Authorized Agency must
			 document the specific reason for the shorter Time Period in the Procurement
			 File in accordance with OAR 125-246-0556.
(B) OAR 125-247-0305  (Public Notice of
			 Solicitation Documents) does not apply to Intermediate Procurements.
(f) Negotiations. An Authorized
			 Agency may negotiate with an Offeror.
(g) Nothing in this Rule waives the
			 Department of Justice legal sufficiency review if applicable under ORS
			 291.047.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0275 - Sole-Source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. An
			 Authorized Agency with delegated Authority according to OAR 125-246-0170  may
			 award a Contract without a competitive process through a Sole-Source
			 Procurement according to the requirements of ORS
			 279B.075, this Rule, and the
			 policy of the Department. The Authorized Agency must make a determination of a
			 sole source based upon Written findings of fact that the Supplies and Services
			 are available from only one source.
(2) Findings of Fact. Findings of fact
			 required under OAR 125-247-0275(1)  may include:
(a) Compatibility. The efficient utilization
			 of existing Supplies and Services requires the acquisition of compatible
			 Supplies and Services from only one source. For example, compatibility may be
			 implicated when: Supplies are required to directly interface with or attach to
			 equipment of the same manufacturer and no other manufacturer's Supplies will
			 correctly interface with existing equipment; or when Services such as
			 maintenance, warranty, project management, or systems integration are required
			 to interface or integrate with existing Supplies and Services.
(b) Exchange of Software or Data. Specific
			 Supplies and Services, which are available from only one source, may be
			 required for the exchange of software or data with other public or private
			 agencies. This finding may be particularly applicable when the Supplies and
			 Services involve assets such as copyrights, patents, trademarks, and trade
			 secrets.
(c) Pilot or Experimental
			 Project. Supplies and Services are for the use in such projects, which may
			 include but are not limited to research and economic development
			 projects.
(d) Other findings that
			 support the conclusion that Supplies and Services are available from only one
			 source may include but are not limited to considerations of: unique design,
			 availability, geographic location, exclusive authorized representative, cost of
			 conversion, and warranty services.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0280 - Emergency Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Authorized Agency may award a Contract as an Emergency Procurement under ORS
			 279B.080. An Authorized Agency
			 has delegated Authority to enter into an Emergency Contract according to OAR
			 125-246-0170.
(2) An Authorized
			 Agency may, in its discretion, enter into a Contract without competitive
			 Solicitation if an Emergency exists. Emergency means circumstances that could
			 not have been reasonably foreseen that create a substantial risk of loss,
			 damage, interruption of services or threat to public health or safety that
			 requires prompt execution of a Contract to remedy the condition.
(3) Regardless of the dollar value of the
			 Contract, the Authorized Agency entering into an Emergency Contract must
			 encourage competition that is reasonable and appropriate under the Emergency
			 circumstances. However, for the emergency procurement of construction services
			 that are not Public Improvements, see ORS
			 279B.080(2).
(4) Regardless of the dollar value of the
			 Contract, the Authorized Agency entering into an Emergency Contract must,
			 either before or promptly after entering into an Emergency Contract, make and
			 retain in its Procurement File documentation of the nature of the Emergency
			 that includes:
(a) A brief description of the
			 Supplies and Services to be provided under the Contract, together with its cost
			 or anticipated cost;
(b) A brief
			 explanation of how the Contract, in terms of duration or Supplies and Services
			 provided under it, was restricted to the Scope reasonably necessary to
			 adequately deal only with the risk created or anticipated to be created by the
			 Emergency circumstances;
(c) A
			 description of the emergency circumstances that require the prompt performance
			 of the Contract, stating the anticipated harm from failure to establish the
			 Contract on an expedited basis; and
(d) Documentation of the measures taken under
			 Section (3) to encourage competition; the amounts of the Bids, Quotes or
			 Proposals obtained, if any; and the reason for selecting the
			 Contractor.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0285 - Special Procurements; Purpose and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. An Authorized Agency may award
			 a Contract as a Special Procurement pursuant to the requirements of ORS
			 279B.085.
(2) Purpose. Pursuant to ORS
			 279B.085, these Rules establish
			 the criteria for procuring Supplies and Services through Special Procurements
			 by the Department and Authorized Agencies. Authorized Agencies must have
			 delegated Authority pursuant to OAR 125-246-0170.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0286 - Special Procurements; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Section and ORS
				279B.400:
(1) "Class Special Procurement" means a
			 contracting procedure that differs from the procedures described in ORS
			 279B.055,
			 279B.060,
			 279B.065 and
			 279B.070 and is for the purpose
			 of entering into a series of Contracts over time or for multiple
			 projects.
(2) "Contract-specific
			 Special Procurement" means a contracting procedure that differs from the
			 procedures described in ORS
			 279B.055,
			 279B.060,
			 279B.065 and
			 279B.070 and is for the purpose
			 of entering into a single Contract or a number of related Contracts on a
			 one-time basis or for a single project.
(3) "Special Procurement" means, unless the
			 context requires otherwise, a class Special Procurement, a contract-specific
			 Special Procurement or both.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0287 - Special Procurements; Request Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval. An Authorized Agency may
			 request approval of its new or amended Special Procurement from the State Chief
			 Procurement Officer. The request must describe one or more particular Contracts
			 or class of Contracts and use the form designated in OregonBuys or other
			 Electronic Procurement System approved by the State Chief Procurement Officer.
			 A request for a Special Procurement concerns the procurement process only, and
			 the Authority to use the Special Procurement is determined under OAR
			 125-246-0170.
(2) Requests. Special
			 Procurement Requests must contain the following:
(a) Request must include reason(s) why Agency
			 has elected to use Special Procurement and how it will benefit the Agency or
			 the public.
(b) The Request must
			 include findings, market research, or other documentation that the Special
			 Procurement:
(A) Is unlikely to encourage
			 favoritism in the awarding of Public Contracts or to substantially diminish
			 competition for Public Contracts, and
(B) Either:
(i) Is reasonably expected to result in
			 substantial cost savings to the Agency or to the public; or
(ii) Otherwise substantially promotes the
			 public interest in a manner that could not practicably be realized by complying
			 with requirements that are applicable under ORS
			 279B.055,
			 279B.060,
			 279B.065 or
			 279B.070 or under any related
			 Rules.
(c) The
			 alternative process designed by the Agency must be clear and complete,
			 including a description of the Supplies and Services that are the subject of
			 the Special Procurement, provisions for advertisement, a procurement process,
			 including provisions for Amendment and criteria for selection, and the proposed
			 contract document.
(d) The State
			 Chief Procurement Officer may require any additional information deemed
			 necessary to evaluate the Agency's request for approval of a Special
			 Procurement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0288 - Special Procurements; by Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requirements.
(a) Authorized Agencies entering into a
			 Contract under this Rule must use competitive methods wherever possible to
			 achieve best value and must document in Agency policy or the Procurement File
			 the reasons why a competitive process was deemed to be impractical.
(b) The resulting Contract must be in Writing
			 and the Authorized Agency Procurement File must document the use of this
			 Special Procurement Rule by number to identify the sourcing method.
(c) Nothing in this Rule relieves the
			 Authorized Agency from any requirement to:
(A)
			 Post notice on OregonBuys or other Electronic Procurement System approved by
			 the State Chief Procurement Officer.
(B) Obtain the Department of Justice legal
			 sufficiency approval;
(C) Provide
			 Timely Notice to the Governor's Policy Advisor for Economic and Business
			 Equity;
(D) Use Solicitation
			 Document templates, Contract forms or Contract templates approved by DOJ and
			 the State Chief Procurement Officer;
(E) Report all Special
			 Procurements;
(F) Comply with the
			 training and certification requirements of the Code, these Rules, and
			 Department policies; and
(G) Comply
			 with the reporting requirements of ORS
			 279A.165 and these
			 Rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0295 - Special Procurements: General or Special Counsel Authorized by the Attorney General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority and Application. An Authorized Agency with delegated Authority under
			 OAR 125-246-0170  may use this Special Procurement by Rule. Under ORS
			 180.235, the Oregon Attorney
			 General may authorize a public officer or Agency to retain its own general or
			 special counsel, including but not limited to conflict counsel, other than the
			 Department of Justice. This Rule governs the process for obtaining such
			 counsel.
(2) Definitions. For
			 purposes of this Rule only, these terms have the following meanings:
(a) "Attorney General" means the Attorney
			 General of the State of Oregon.
(b)
			 "Authorized Agency" means a public officer or Agency that the Attorney General
			 authorized to retain its own general or special counsel other than the
			 Department of Justice under ORS
			 180.235.
(c) "Authorized Legal Services" means the
			 legal services as authorized by the Attorney General for the particular matter
			 or class of matters and as required by the Authorized Agency.
(d) "Outside Counsel" means general or
			 special counsel selected by the Authorized Agency under this Rule.
(e) "Firm" means the proprietorship,
			 partnership or professional legal corporation engaged in the practice of law of
			 which Outside Counsel is a partner, a shareholder, an associate, a member, or a
			 lawyer serving as "of counsel."
(f)
			 "Solicitation" means a written or oral request for offers, proposals,
			 statements of qualifications, or other information from individuals or
			 entities.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0296 - Price Agreements and Mandatory Use Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mandatory Use Contracts, for the purposes
			 of this Rule and including Department Price Agreements, service agreements, and
			 sales agreements, may be established for the purposes of minimizing paper work,
			 achieving continuity of product, securing a source of supply, reducing
			 inventory, combining Agency requirements for volume discounts, standardization
			 among Agencies, and reducing lead time for ordering. A Mandatory Use Contract
			 requires the Authorized Agency to purchase Supplies and Services for an
			 anticipated need at a predetermined price, provided the Mandatory Use Contract
			 is let by a competitive Procurement Process according to the requirements of
			 ORS 279ABC and these Rules.
(2)
			 Authorized Agencies may purchase the Supplies and Services from a Contractor
			 awarded a Mandatory Use Contract without first undertaking additional
			 competitive Solicitation.
(3)
			 Authorized Agencies must use Mandatory Use Contracts established by the
			 Department unless otherwise specified in the Contract, allowed by law or these
			 Rules, or specifically authorized by the Chief Procurement Officer.
(4) Despite section (3) above, Authorized
			 Agencies are exempted from Mandatory Use Contracts for acquisition of the
			 following, regardless of dollar amount:
(a)
			 Supplies and Services from another Oregon Public Agency provided that a formal,
			 Written agreement is entered into between the parties;
(b) Personal property for resale through
			 student stores operated by public educational Agencies; and
(c) Emergency purchases declared by an
			 Authorized Agency according to ORS 279B.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0300 - Applicability of General Rules to Methods of Source Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
			 These Procurement Process Rules are intended to apply to more than one sourcing
			 method according to ORS
			 279B.050 through
			 279B.085 and to specify those
			 methods.
(2) In the event of
			 conflict or ambiguity arising from specific requirements of another Rule in
			 Division 247 and a general Rule in OAR 125-247-0305  through 125-247-0691, the
			 specific requirements of another Rule take precedence over the more general
			 requirements of a Rule under Procurement Process.
(3) If a general Rule in OAR 125-247-0305  through 125-247-0691  is silent regarding its specific application or an
			 ambiguity arises regarding the application of any such Rule to any of the seven
			 sourcing methods of ORS
			 279B.050 through
			 279B.085, that Rule applies only
			 to Bidding and Proposals in accordance with ORS
			 279B.055,
			 279B.060, and OAR 125-247-0255  through 125-247-0261.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0305 - Public Notice of Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application. This Rule applies only to
			 Bidding and Proposals in accordance with ORS
			 279B.055,
			 279B.060, and OAR 125-247-0255  through 125-247-0260.
(2) Notice of
			 Solicitation Documents.
(a) Official Notice.
			 An Authorized Agency must post public notice of every Solicitation Document on
			 OregonBuys or other Electronic Procurement System approved by the State Chief
			 Procurement Officer in accordance with OAR 125-246-0500  (Official
			 Notice).
(b) Additional Notice. The
			 Authorized Agency may give additional notice if:
(A) The additional notice refers to the
			 Official Notice, and
(B) The
			 Authorized Agency uses any method it determines appropriate to foster and
			 promote competition, including:
(i) Mailing
			 notice of the availability of the Solicitation Document to Persons that have
			 expressed an interest in the Authorized Agency's Procurements;
(ii) Placing notice on the Authorized
			 Agency's Internet World Wide Web site; or
(iii) Publishing notice in a newspaper of
			 general circulation as described in ORS
			 279B.055(4)
			 (Additional Notice).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0310 - Bids or Proposals are Offers

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0310.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050-279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0320 - Facsimile Bids and Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0320.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050-279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0330 - E-Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
(a) Electronic Processes. An Authorized
			 Agency may conduct all phases of a Procurement, including without limitation,
			 the posting of Electronic Advertisements and the receipt of Electronic Offers,
			 by the following electronic processes:
(A)
			 E-Bidding;
(B) Reverse Auction;
			 or
(C) Special Procurement if (i)
			 or (ii) are not appropriate (Electronic Processes). The Authorized Agency must
			 specify in a Solicitation Document, a request for Quotes, or any other Writing
			 that instructs Persons how to participate in the Procurement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0340 - Reverse Auctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the Authorized Agency desires to conduct a Reverse Auction as defined in OAR
			 125-247-0288, the Authorized Agency must follow the policy of the Department.
			 The requirements of OAR 125-247-0288  apply to Reverse Auctions. In the event of
			 conflict or ambiguity, the more specific requirements of OAR 125-247-0288  take
			 precedence over the more general requirements of this Rule.
(2) Multiple Receipts of Offers during a
			 Period of Time. When the Authorized Agency specifies that Persons may submit
			 multiple Electronic Offers during a period of time, the Authorized Agency must
			 accept Electronic Offers, and Persons may submit Electronic Offers, in
			 accordance with the following:
(a) Following
			 receipt of the first Electronic Offer after the day and time the Authorized
			 Agency first receives Electronic Offers, the Authorized Agency must give notice
			 to the initial Bidders and update on a real time basis:
(A) The prices of the other Bidders or the
			 price of the most competitive Bidder;
(B) The rank of each Bidder (e.g., (i)
			 "winning" or "not winning" or (ii) "1st, 2nd, or higher");
(C) The scores of the Bidders if the
			 Authorized Agency chooses to use a scoring model that weighs non-price factors
			 in addition to price; or
(D) Any
			 combination of (A), (B) and (C) above. At any time before the date and time
			 after which the Authorized Agency will no longer receive Electronic Offers, a
			 Person may revise its Electronic Offer, except that a Person may not lower its
			 price unless that price is below the then lowest Electronic Offer.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0400 - Offer Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0400.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279B.050-279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0410 - Offer Submission

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0410.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279B.050-279B.085
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0420 - Pre-Offer Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0420.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0430 - Addenda to Solicitation Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Issuance;
			 Receipt. The Authorized Agency may change a Solicitation Document only by
			 Written Addenda. An Offeror must provide Written acknowledgment of receipt of
			 all issued Addenda with its Offer, unless the Authorized Agency otherwise
			 specifies in the Addenda.
(2)
			 Notice and Distribution. The Authorized Agency must notify prospective Offerors
			 of Addenda in a manner intended to foster competition and to make prospective
			 Offerors aware of the Addenda. The Solicitation Document must specify how the
			 Authorized Agency will provide notice of Addenda and how the Authorized Agency
			 will make the Addenda available before Closing, and at each subsequent step or
			 Phase of evaluation if the Authorized Agency will engage in a Multistep
			 Competitive Sealed Bidding process in accordance with OAR 125-247-0255, or a
			 Multi-tiered or Multistep Competitive Sealed Proposals process in accordance
			 with 125-247-0260.
(3) Timelines;
			 Extensions.
(a) The Authorized Agency must
			 issue Addenda within a reasonable time to allow prospective Offerors to
			 consider the Addenda in preparing their Offers. The Authorized Agency may
			 extend the Closing if the Authorized Agency determines prospective Offerors
			 need additional time to review and respond to Addenda. Except to the extent
			 justified by a countervailing public interest, the Authorized Agency must not
			 issue Addenda less than 3 Business Days before the Closing unless the Addendum
			 also extends the Closing.
(b)
			 Despite Subsection (3)(a) of this Rule, an Addendum that modifies the
			 evaluation criteria, selection process or procedure for any step or Phase of
			 competition under a Multistep Sealed Bidding or Multistep Sealed Proposals,
			 issued in accordance with OAR 125-247-0255  or 125-247-0260, must be issued no
			 fewer than five (5) Days before the beginning of that step or Phase of
			 competition, unless the Authorized Agency determines that a shorter period is
			 sufficient to allow the Offerors to prepare for that step or Phase of
			 competition. The Authorized Agency must document the factors it considered in
			 making that determination, which may include, without limitation, the Scope of
			 the changes to the Solicitation Document, the location of the remaining
			 eligible Proposers, or whether shortening the period between issuing an
			 Addendum and the beginning of the next step or Phase of competition favors or
			 disfavors any particular Proposer or Proposers.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0440 - Pre-Closing Modification or Withdrawal of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0440.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0450 - Receipt, Opening, and Recording of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0450.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0460 - Late Offers, Late Withdrawals, and Late Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0460.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0470 - Mistakes

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0470.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0480 - Time for Authorized Agency Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0480.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0490 - Extension of Time for Acceptance of Offer

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0490.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050 -
				  279B.090
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0500 - Responsibility of Offerors

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Determination. Before awarding a Contract, the Authorized Agency must determine
			 that the Offeror submitting the lowest Bid or Proposal or most Advantageous
			 Offer is Responsible. The Authorized Agency must use the standards set forth in
			 ORS 279B.110 and OAR 125-247-0640  to determine if an Offeror is Responsible. In
			 the event an Authorized Agency determines an Offeror is not Responsible, it
			 must prepare a Written determination of non-Responsibility as required by ORS
			 279B.110 and must reject the Offer.
(2) Independent Contractor Status, Tax
			 Compliance, Pay Equity Certificate and Requirements to Transact Business in
			 Oregon. For these responsibilities of Offerors, see OAR 125-246-0330.
(3) Life Cycle Costing. See OAR
			 125-247-0170.
(4) Record of
			 Performance and Integrity. Authorized Agencies must comply with ORS
			 279B.110.
Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS
				  279B.110
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0525 - Qualified Products Lists

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-047-0525.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279B.050-279B.085,
				  279B.115