Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0140 - Procurement Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must conduct all Procurements and administer the contracting for Supplies and
			 Services; Architectural, Engineering and Land Surveying Services, and Related
			 Services; and Public Improvements for the Agencies, unless delegated, according
			 to ORS 279A.140 and
			 279C.105(1).
			 Delegations of Authority in accordance with OAR 125-246-0170  do not relieve the
			 Department of this responsibility.
(2) For Agencies, the Department and its
			 Director are the Contracting Agency described in the Public Contracting Code
			 and represent the Agencies. Authorized Agencies receive delegated Authority
			 according to OAR 125-246-0170.
(3)
			 After December 31, 2018, any person conducting a Procurement or administering a
			 Contract for a state contracting agency, as defined in ORS
			 279A.010(1)(b),
			 must have education, training, professional experience, or a combination
			 thereof that, at a minimum, and in accordance with standards established by the
			 Department pursuant to ORS
			 279A.159, adequately prepares
			 the person to:
(a) Develop specifications and
			 develop or adapt solicitation documents for a Procurement;
(b) Read critically, understand, interpret
			 and apply terms and conditions set forth in Public Contracts of the scope and
			 nature for which the person is or will be responsible;
(c) Draft scopes of work, statements of work,
			 contract amendments, change orders, insurance requirements, notices and other
			 documents and communications that are necessary to conduct a Procurement or
			 administer a Public Contract of the scope and nature for which the person is or
			 will be responsible;
(d) Monitor a
			 contractor's performance under a Public Contract to ensure that the contractor
			 performs services, provides goods or supplies materials according to the
			 schedule, pricing, specifications and terms and conditions set forth in the
			 Public Contract;
(e) Manage
			 relations between a state contracting agency and contractors so that
			 contractors meet obligations to the state contracting agency and the state
			 contracting agency meets obligations to contractors;
(f) Recognize and investigate emerging
			 disputes or other risks, unique requirements, unusual situations or other
			 issues that arise in connection with a Procurement and formulate appropriate
			 responses and resolutions, seeking advice from legal counsel, risk management
			 personnel or other persons when necessary;
(g) Understand auditing requirements and
			 procedures that apply to Procurements of the scope and nature for which the
			 person is or will be responsible and organize and maintain appropriate
			 documentation and administrative practices that meet the auditing requirements;
			 and
(h) Follow regular business and
			 office procedures, implement applicable state contracting agency policies and
			 procedures and otherwise conduct Procurements or administer Public Contracts
			 for a state contracting agency in accordance with best practices.