Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 7 - PUBLIC CONTRACTING AND PROCUREMENT › Section 259-007-0150 - Purchases Through Federal Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DPSST may purchase goods or services
			 under the federal programs identified in ORS
			 279A.180, without competitive
			 sealed bidding, competitive sealed proposals or other competition required
			 under ORS 279B.050 to
			 279B.085, provided that DPSST
			 has federal authorization to purchase through the program and follows the
			 procedures set forth in this rule.
(2) The federal programs named in ORS
			 279A.180 are accessible to DPSST
			 for purchasing goods or services. DPSST hereby makes the determination
			 according to ORS 279A.180 that the Local
			 Preparedness Acquisition Act (Public Law 110-248), the GSA
			 Order of 2000, and any subsequent revisions or updating of either of these
			 programs describe other federal programs that, under federal law, are similar
			 to 10 U.S.C.
			 381 or Section 211 of the Electronic
			 Government Act of 2002 in effectuating or promoting transfers of property to
			 DPSST.
(3) To purchase through a
			 federal program, DPSST must document the following in the procurement file:
(a) The federal authority for DPSST to
			 purchase through the federal program;
(b) The acquisition meets DPSST's
			 needs;
(c) The price and other
			 terms of the acquisition are advantageous to the State;
(d) No other price agreement for the goods or
			 services exists based on DPSST's inquiry through OregonBuys or other applicable
			 electronic procurement system;
(e)
			 DPSST has considered the acquisition's impact upon local business as follows:
(A) If the procurement is in excess of
			 $10,000, DPSST has given timely notice through OregonBuys, or other applicable
			 electronic procurement system, of its needs, reasons, and intent to procure
			 through a federal program;
(B)
			 DPSST has provided a reasonable time period under the circumstances for
			 individuals to respond to the notice and send written comments to DPSST;
			 and
(C) DPSST has considered any
			 comments and replied, if appropriate, before proceeding with its procurement
			 through a federal program. This rule provides for an informal opportunity to
			 comment to and be considered by DPSST, instead of the formal notice
			 requirements for solicitations in excess of $10,000 according to ORS
			 200.035.
(f) State and local preference programs,
			 including but not limited to Inmate Labor in accordance with the Oregon
			 Constitution, Article I, Section 41 and Products of Disabled Individuals
			 Program of ORS 279.835 to 850, are not waived
			 or otherwise adversely affected by an acquisition through a federal
			 program;
(g) DPSST has complied
			 with OAR 137-045-0010  to 137-045-0090, and if it is required, obtained a legal
			 sufficiency review or exemption from the Department of Justice; and
(h) DPSST is informed of its federal
			 program's procurement process, including:
(A)
			 Voluntary and Direct Contract. DPSST and contractors participate voluntarily.
			 The contractors make direct deliveries to DPSST and retain the right to decline
			 orders on a case-by-case basis, for any reason, within a five-day period of
			 receipt of that order;
(B) Funding
			 Fee. The price of a federal program contract includes a GSA industrial funding
			 fee to cover GSA administrative costs to operate the federal program;
(C) New Contract. When a contractor accepts
			 an order from DPSST, a new contract is formed. The contract's terms and
			 conditions are incorporated by reference; and
(D) Additional Terms and Conditions. DPSST
			 may add to its contract such significant, substantial contract terms and
			 conditions as are required by State statutes or rules, if such additions do not
			 conflict with the federal program's contract terms and conditions. Examples of
			 such terms and conditions include, but are not limited to:
(i) Prompt Payment. DPSST may apply the terms
			 and conditions of Oregon's prompt payment law to its contracts, but if DPSST
			 fails to make this addition, then DPSST may be subject to the Federal Prompt
			 Payment Act, 31 U.S.C. sec.
			 3901 et seq., as implemented at subpart 32.9
			 of the Federal Acquisition Regulation (FAR);
(ii) Commercial Terms. Patent indemnity and
			 other commercial terms and conditions may be added if they do not conflict with
			 the federal program's terms and conditions; and
(iii) Conflict Resolution. DPSST may revise
			 the contract's dispute resolution provision to use alternative dispute
			 resolution to the extent authorized by law.