reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0170 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0200 - Affirmative Action; Limited Competition Permitted

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this Rule:
(a) "Affirmative
			 Action" is defined in ORS
			 279A.100 and means a program
			 designed to ensure equal opportunity in employment and business for persons
			 otherwise disadvantaged by reason of race, color, religion, sex, national
			 origin, age or physical or mental disability or a policy to give a preference
			 in awarding public contracts to disabled veterans.
(b) "Disabled veteran" has the meaning given
			 that term in ORS 408.225.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0210 - Subcontracting to and Contracting with Emerging Small Businesses; Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As set forth in
			 ORS 279A.105, a Contracting Agency
			 may require a Contractor to subcontract some part of a Contract to, or to
			 obtain materials to be used in performing the Contract from:
(a) A business enterprise that is certified
			 under ORS 200.055 as an Emerging Small
			 Business; or
(b) A business
			 enterprise that is:
(A) Certified under ORS
			 200.055 as an Emerging Small
			 Business; and
(B) Is located in or
			 draws its Workforce from economically distressed areas, as designated by the
			 Oregon Business Development Department.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0300 - Preference for Oregon Supplies and Services

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-046-0300.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.120
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0310 - Reciprocal Preferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When evaluating Offers according to OAR 125-247-0255  through 125-247-0260,
			 125-249-0390  or 125-249-0640  through 125-249-0660, Authorized Agencies must add
			 a percentage increase to the Offer of a Nonresident Offeror equal to the
			 percentage, if any, of the preference that would be given to that Offeror in
			 the state in which the Offeror resides. An Authorized Agency may rely on the
			 list maintained by the Department according to ORS
			 279A.120(4) to
			 determine:
(a) Whether the Nonresident
			 Offeror's state gives preference to in-state Offerors; and if so,
(b) The amount of such preference
			 (Percentage).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0314 - Veterans Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. The
			 Public Contracting Code and these Rules may not be construed to prohibit an
			 Authorized Agency from engaging in public contracting practices designed to
			 promote affirmative action goals, policies or programs to give a preference in
			 awarding Public Contracts to Veterans. In carrying out an affirmative action
			 goal, policy or program, an Authorized Agency may limit competition for any
			 Public Contract estimated to not exceed $50,000 to Veterans as defined in
			 Section (2) ("Preference").
(2)
			 Definition "Veteran" has the meaning given that term in ORS
			 200.005.
(3) Establishing the Preference. In applying
			 the Preference in section (1), the Authorized Agency may limit competition to
			 Veterans or use a percentage for the Preference in a competitive procurement
			 process. In either case, the process for a Contract may not exceed $50,000, and
			 the Designated Procurement Officer of the Authorized Agency must make a written
			 determination that supports the Preference.
(4) Subcontracting. An Authorized Agency may
			 require a Contractor to subcontract some part of a Contract not to exceed
			 $50,000 to, or obtain materials to be used in performing the Contract from, a
			 Veteran.
(5) Discrimination. A
			 Bidder or Proposer who competes for or is awarded a Public Contract may not
			 discriminate against a subcontractor in awarding a subcontract because the
			 subcontractor employs a Veteran or is a Veteran.
(6) Debarment or Disqualification.
(a) Finding and Appeal. An Authorized Agency
			 may debar or disqualify a Bidder or Proposer (Offeror) under OAR 125-247-0575  or OAR 125-249-0370, if the Authorized Agency finds that the Offeror has
			 violated Section (6). A debarred or disqualified Offeror may appeal under OAR
			 125-247-0750  or OAR 125-249-0370.
(b) Limitation. An Authorized Agency may not
			 allege an occurrence of discrimination in subcontracting as a basis for
			 debarring or disqualifying a Bidder or Proposer under Section (6) more than
			 three (3) years after the alleged discriminatory conduct occurred or more than
			 three (3) years after the Authorized Agency, in the exercise of reasonable
			 diligence, should have discovered the conduct, whichever is later.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0316 - Lighting Preference Relating to Mercury

Current through Register Vol. 63, No. 7, July 1, 2024
Authorized Agencies must comply with ORS
				646A.566, including but not
				limited to:
(1) When making
			 procurement decisions on lighting that contains mercury, an Agency must:
(a) Request information from potential
			 suppliers on mercury content, energy use, lumen output and lighting
			 lifetime;
(b) Issue specifications;
			 and
(c) Favor lighting that
			 contains mercury that meets the mercury content standards established by ORS
			 646A.564.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0318 - Oregon Employment Preference

Current through Register Vol. 63, No. 7, July 1, 2024
Authorized Agencies must comply with ORS
				279B.112, including but not
				limited to the following requirements for a discretionary preference:
(1) An Authorized Agency may give a
			 preference to an Offer including a personnel deployment disclosure form
			 (Disclosure Form) that states that the Offeror will employ more workers within
			 Oregon than a competing Offer if the Offers otherwise suit the Agency's
			 specifications for the procurement equally well.
(2) The Agency may state in the solicitation
			 documents for any procurement (Solicitation) that the Agency will consider a
			 Disclosure Form and may give a preference described in section (1) above. Then,
(a) An Offeror may submit a Disclosure Form
			 with its Offer;
(b) If the Agency
			 determines that the Offers suit the Agency's specifications for the procurement
			 equally well, then the Agency may consider any Disclosure Forms submitted with
			 those Offers in evaluating the Offers; and
(c) The Agency may prefer the Offer with a
			 Disclosure Form that indicates that the Offeror will employ more workers within
			 Oregon than a competing Offer, with or without Disclosure Form
			 information.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0319 - Federally Funded Transit Projects - Preference for Exceeding Federal Buy America Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR 137-046-0330.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: Sec. 4, Ch. 52, OLs 2012
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0320 - Recycling; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Post-consumer Waste" means a finished material that would normally be disposed
			 of as solid waste, having completed its life cycle as a consumer item.
			 "Post-consumer Waste" does not include manufacturing waste.
(2) "Recycled Material" means any material
			 that would otherwise be a useless, unwanted or discarded material except for
			 the fact that the material still has useful physical or chemical properties
			 after serving a specific purpose and can, therefore, be reused or
			 recycled.
(3) "Recycled PETE
			 Product" means a product containing post-consumer polyethylene terephthalate
			 material.
(4) "Secondary Waste
			 Materials" means fragments of products or finished products of a manufacturing
			 process that has converted a virgin resource into a commodity of real economic
			 value, and includes post-consumer waste, but does not include excess virgin
			 resources of the manufacturing process. For paper, "secondary waste materials"
			 does not include fibrous waste generated during the manufacturing process such
			 as fibers recovered from waste water or trimmings of paper machine rolls, mill
			 broke, wood slabs, chips, sawdust or other wood residue from a manufacturing
			 process.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.125,
				  279A.145,
				  279A.150,
				  279B.270 &
				  279B.280
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0321 - Recycling Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department promotes the Procurement by all Authorized Agencies of products made
			 from Recycled Materials in accordance with ORS
			 279A.125 and
			 279B.270.
(2) When purchasing Goods, or pursuant to
			 Subsection (2)(c), Personal Services that relate to the use of recovered
			 resources and Recycled Materials, Authorized Agencies must:
(a) Review the procurement Specifications
			 currently utilized in order to eliminate, wherever economically feasible,
			 discrimination against the Procurement of recovered resources or Recycled
			 Materials;
(b) Develop purchasing
			 practices that, to the maximum extent economically feasible, assure purchase of
			 materials which are recycled or which may be recycled or reused when discarded.
			 The Department will make Recycled Products and materials available to
			 Authorized Agencies whenever they can be obtained;
(c) Provide incentives for the maximum
			 possible use of recovered resources and Recycled Materials, wherever
			 economically feasible, in all procurement Specifications issued.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0322 - Preference for Recycled Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding provisions of law
			 requiring an Authorized Agency to award a Contract to the lowest or best Offer
			 of a Provider, and in accordance with ORS
			 279A.125 and Subsection (2) of
			 this Section, an Authorized Agency charged with the Procurement of Goods for
			 any public use must give preference to the Procurement of Goods manufactured
			 from Recycled Materials whenever the Authorized Agency uses Competitive Sealed
			 Bidding or Competitive Sealed Proposals pursuant to ORS
			 279B.055 or
			 279B.060, respectively, and as
			 set forth in this Rule.
(2) In
			 comparing Goods from two or more Offerors, if at least one Provider offers
			 Goods manufactured from Recycled Materials and at least one Provider does not,
			 an Authorized Agency must select the Provider offering Goods manufactured from
			 Recycled Materials if each of the following four conditions exists:
(a) The Recycled Product is
			 available;
(b) The Recycled Product
			 meets applicable standards;
(c) The
			 Recycled Product can be substituted for a comparable non-recycled product;
			 and
(d) The Recycled Product's
			 costs do not exceed the costs of non-recycled products by more than five
			 percent (5%), or a higher percentage if a Written determination is made by the
			 Authorized Agency and set forth in the Solicitation Document.
When making this determination, the Authorized Agency must
				consider the costs of the Goods following any adjustments the Authorized Agency
				makes to the price of the Goods after evaluation pursuant to OAR
				125-246-0310.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0323 - Recycled Paper and Paper Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department promotes the use of
			 Recycled Paper and paper products, and no less than 35% of Authorized Agency
			 Procurements of paper products may be from Recycled Paper Products, pursuant to
			 ORS 279A.155.
(2) The Department must make available to
			 Agencies paper and paper products that contain significant quantities of
			 Recycled Materials in all grades where it can be obtained. The Department and
			 Authorized Agencies must purchase Recycled Paper and paper products when the
			 cost of such Recycled Paper or paper products is no more than five (5%) higher
			 than the cost of the same quality paper or paper products containing little or
			 no Recycled Paper. The Department and Authorized Agencies must give a
			 preference of up to five percent (5%) pursuant to ORS
			 279A.125(2), to
			 suppliers of Recycled Paper and paper products, over the lowest price of non
			 Recycled Paper and paper products if the fitness and quality of the Recycled
			 Paper content paper meet Specification requirements and the type of Recycled
			 Paper content is equivalent to the same type of virgin material.
(3) Except as provided in this Rule and
			 regardless of cost, the Department must make Recycled Paper and paper products
			 available to Authorized Agencies through a Recycled Paper agreement. Authorized
			 Agencies that find it economically feasible to exceed the incentive in Section
			 (2) of this Rule for Recycled Paper may do so either by use of agreements for
			 Recycled Paper or by indicating on their purchase request the percentage of
			 Recycled Paper incentive, which is economically feasible for them.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.125 &
				  270A.155
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0324 - Recycling: Food Service and Food Packaging

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department promotes the use of
			 recyclable or biodegradable products for food service and packaging.
(2) The five percent (5%) preference in ORS
			 279A.125(2)
			 must apply to purchases of Recycled Products for food service and packaging
			 that are not paper products. The minimum purchase in ORS
			 279A.155 of at least thirty-five
			 percent (35%) must apply to purchases of Recycled Products for food service and
			 food packaging that are 100% paper or paper products.
(3) Recyclable or Biodegradable Products for
			 food service and packaging will be made available for purchase by Authorized
			 Agencies.
(4) Authorized Agencies
			 are required to purchase recyclable or biodegradable food service and packaging
			 products when purchasing supplies.
(5) The Department must include a provision
			 in all food service Contracts and extensions to such Contracts, requiring the
			 use of recyclable or biodegradable food service products when such products are
			 readily available, meaning deliverable within thirty (30) days of placement of
			 an order by the food service Contractor to its supplier. This period of time
			 may be less or more, as industry standards for various commodities
			 indicate.
(6) The Department must
			 encourage its suppliers to provide biodegradable or Recycled Products as
			 substitutes.
(7) The Department
			 must use best efforts to obtain and use biodegradable or Recyclable Products as
			 substitutes for products that are non-biodegradable or
			 non-recyclable.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.125 &
				  270A.155
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0330 - Supplier Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Requirements to Transact Business in Oregon.
(a) A Contractor who is a corporation,
			 partnership, or who has an assumed business name must be registered with the
			 Secretary of State Office in accordance with ORS Chapters 58, 60, 62, 63, 65,
			 67, 70, and 648. This registration is the obligation of the Contractor, not the
			 Agency.
(b) In addition, for
			 Contracts requiring the services of one or more architects, engineers, and land
			 surveyors, these Consultants must be registered with the appropriate licensing
			 boards under the provisions of ORS
			 671.020,
			 672.020, and
			 672.025.
(c) The statutory requirements for
			 contracting firms to register with the Secretary of State's Office may be
			 subject to a limited number of exceptions under federal law. For example,
			 national banks, when they contract with Authorized Agencies, are not subject to
			 the registration requirement.
(d)
			 The Contractor or Consultant must be registered at the time of the execution of
			 the Contract and during the entire term of the Contract.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0333 - Independent Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Authorized
			 Agency may, within the limits of its delegation under OAR 125-246-0170  and its
			 legislatively approved budget, Contract for Services with Providers who are
			 Independent Contractors.
(2)
			 "Independent Contractor" means a Person who provides services to an Authorized
			 Agency in which the Authorized Agency neither controls nor has the right to
			 control the means or manner by which Work is performed. The Authorized Agency
			 may control the results of the services, but not control the means or manner of
			 Contractor's performance of the Work.
(3) Within the parameters of employment,
			 Workers' compensation, and other relevant state and federal laws, and after
			 determining that the contract will not violate any collective bargaining
			 agreements, an Authorized Agency may contract for Services when:
(a) The Work cannot be done in a reasonable
			 time with the Authorized Agency's own Workforce;
(b) An independent and impartial evaluation
			 is required; or
(c) It will be less
			 expensive to contract for the Work.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0335 - Authority and Standards for Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. For the purposes of this Rule only, "Personal Services" includes
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services, and Related Services.
(2) Identification of Personal Services
			 Contracts.
(a) According to ORS
			 279A.140(2)(h),
			 the State Chief Procurement Officer may designate Contracts or classes of
			 Contracts as Personal Services Contracts for the purposes of reporting Personal
			 Services Contracts in accordance with ORS
			 279A.140 and identifying the
			 appropriate required procedures in accordance with ORS
			 279A.070 and
			 279A.140. In the event of
			 uncertainty or disagreement as to the status of any particular Contract or
			 class of Contracts, the State Chief Procurement Officer may determine whether a
			 particular contract is a Personal Services Contract.
(b) The Authorized Agency must identify
			 within the Contract that the Authorized Agency is contracting for Personal
			 Services. A failure to adequately describe Personal Services within the
			 Contract will not invalidate the Procurement or Contract if the Authorized
			 Agency properly used a sourcing method according to ORS
			 279B.055 through
			 279B.085 or
			 279C.100 through
			 279C.125 and substantially
			 followed the related Rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0345 - Procedures for Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contract and Amendment Forms for Architectural, Engineering, Photogrammetric
			 Mapping, Transportation Planning or Land Surveying Services, and Related
			 Services. Authorized Agencies must comply with OAR 125-248-0300(1).
(2) Other Forms for Personal Services
			 Contracts and Amendments. Authorized Agencies must use one of the forms
			 provided or approved by the State Chief Procurement Officer for Personal
			 Services Contracts and Amendments (Forms).
(a)
			 Revised Forms.
(A) Designated Procurement
			 Officer Approval up to $250,000. For revised Forms up to a cumulative value of
			 $250,000 and before an Authorized Agency may use a revised Form, it must obtain
			 its Designated Procurement Officer's approval of any revisions to the Form's
			 terms and conditions. The Designated Procurement Officer's approval is not
			 required for revisions to Form exhibits that are unrelated to terms and
			 conditions.
(B) Department of
			 Justice Approval over $250,000. For revised Forms exceeding a cumulative value
			 of $250,000 and before an Authorized Agency may use a revised Form, it must
			 obtain Department of Justice approval of any revisions to the revised Form's
			 terms and conditions. The Department of Justice approval is not required for
			 revisions to Form exhibits that are unrelated to terms and conditions. The
			 Department of Justice approval may be delivered by facsimile, email, letter or
			 any other objective means of approval.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0350 - Approval of Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application.
			 For the purposes of this Rule only, "Personal Services" includes Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services, and Related Services.
(2)
			 State Chief Procurement Officer Approval. Except as provided in OAR
			 125-246-0170, the State Chief Procurement Officer or delegate must approve all
			 Personal Services Contracts exceeding $250,000 before the Authorized Agency
			 executes the Contract.
(3)
			 Requisite Approvals First. All requisite approvals must be obtained, including
			 the approval of the Attorney General, if required, before any Personal Services
			 Contract entered into by an Authorized Agency becomes binding upon the State
			 and before any service may be performed or payment made under the Contract,
			 unless:
(a) The Contract is exempt from the
			 prohibition against services being performed before review for legal
			 sufficiency is obtained under ORS
			 291.047(6);
			 or
(b) The State Chief Procurement
			 Officer or delegate authorizes an Authorized Agency to acquire services before
			 obtaining all requisite approvals in accordance with OAR
			 125-246-0351.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0353 - Reporting Requirements for Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application. For the purposes of this
			 Rule only, "Personal Services" includes Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying Services,
			 and Related Services.
(2) The
			 Department maintains for state agencies an electronic reporting system within
			 OregonBuys for reporting Personal Services Contracts. Each state agency that is
			 not exempt from the Public Contracting Code must report in OregonBuys or other
			 Electronic Procurement System approved by the State Chief Procurement Officer
			 each Personal Services Contract and Amendment. The report must include the
			 state agency name, not-to-exceed amount of the Contract, the name of the
			 Contractor, the duration of the Contract, its basic purpose, and a copy of the
			 Personal Services Contract or Amendment. Whenever a state agency pays more in a
			 calendar year under a Personal Services Contract for services historically
			 performed by state employees than the state agency would have paid to the state
			 agency's employees performing the same Work, the state agency must so report
			 through OregonBuys or other Electronic Procurement System approved by the State
			 Chief Procurement Officer and include in the report a statement of
			 justification for the greater costs, according to ORS
			 279A.140(2)(h)(A)(i).
(3) The Department must submit a report to
			 the Legislature summarizing state agency Personal Services Contracts. This
			 report must include the name of the state agency, the not-to-exceed amount of
			 the Contracts, the name(s) of Contractor(s), the duration of Contract(s) and
			 the basic purpose of the Contract(s). The report must also include the total
			 dollar figure of all Personal Services Contracts for each fiscal
			 year.
(4) The Department maintains
			 an electronic file of Personal Services Contracts report forms for public
			 review. The electronic file includes a justification statement, when
			 applicable, and documentation of the selection process for each
			 Contract.
(5) The state agency must
			 keep in the Procurement File all Personal Services Contracts, justification
			 statements, when applicable, documentation of the selection process for each
			 Contract, and the report forms in compliance with OAR 166-300-0015(7)  and any
			 other applicable laws.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.140(h)(A)
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0360 - Purchases Through Federal Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exemption. An
			 Authorized Agency may purchase certain authorized Supplies and Services through
			 General Service Administration (GSA) federal programs or federal Contracts
			 (Federal Programs) without Competitive Sealed Bidding, Competitive Sealed
			 Proposals or other competition required under ORS
			 279B.050 to
			 279B.085, provided that the
			 Authorized Agency has federal authorization to purchase through the Federal
			 Program and follows the procedures set forth in this Rule.
(2) Federal Authorization.
(a) The Federal Programs named in ORS
			 279A.180 are accessible to
			 Authorized Agencies for purchasing Supplies and Services. In addition, by this
			 Rule, the Director of the Department (Director) hereby makes the determination
			 according to ORS 279A.180, that the GSA Order of
			 2000 and any subsequent revisions or updating of this GSA Order of 2000 (GSA
			 Orders) 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 Authorized
			 Agencies; therefore, Authorized Agencies may purchase through those Federal
			 Programs described in a GSA Order without making individual requests for
			 determination to the Director.
(b)
			 If an Authorized Agency desires to purchase through another Federal Program
			 that is not expressly named in ORS
			 279A.180 or a GSA Order, the
			 Authorized Agency must request in Writing a determination from the Director or
			 the Director's designated representative. In the request, the Authorized Agency
			 must document that the federal government has authorized states, including the
			 Authorized Agency, to purchase through the proposed Federal Program. The
			 request of the Authorized Agency and the determination by the Director or
			 representative must be limited to those other Federal Programs described in ORS
			 279A.180 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 Authorized
			 Agencies.
(c) If no federal
			 authorization exists as described in Sections (2)(a) and (b) of the Rule, then
			 an Authorized Agency is not permitted to purchase through any Federal
			 Program.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0365 - ORS 190 Agreements (Intergovernmental)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reporting 190 Agreements through
			 OregonBuys. A state agency that enters into an agreement under ORS
			 190.110,
			 190.420 or
			 190.485, or an agreement under
			 ORS 190.112 or under ORS
			 660.342, must submit a summary
			 of the agreement through OregonBuys or other Electronic Procurement System
			 approved by the State Chief Procurement Officer within the 30-day period
			 immediately following the effective date of the agreement. For the purpose of
			 this Rule only, "state agency" is defined in ORS 190. The summary must include
			 the following information:
(a) Names of the
			 parties to the agreement;
(b) Date
			 of the agreement;
(c) Subject
			 matter of the agreement; and
(d)
			 The agency through which a person may obtain a copy of the
			 agreement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0400 - Cooperative Procurement; Purpose, Policy, and Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 See OAR 137-046-0400  through 137-046-0480.
(2) Regardless of OAR 137-046-0400  through
			 137-046-0480, Authorized Agencies must comply with the following provisions:
(a) Adaptation of Model Rules for Agency Use.
			 The following words found in those Model Rules expressly adopted by the
			 Department are replaced by the words as defined in this subsection (2)(a):
(A) "Administering Contracting Agency" is
			 replaced by "Administrator."
(B)
			 "Purchasing Contracting Agency" is replaced by "Participant."
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0500 - Electronic Procurement System (OregonBuys)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Electronic Procurement System, known as OregonBuys, an Internet-based, on-line
			 system, is the official publication forum for state Procurement notices and
			 advertisements, as functionality allows, by the Department and all
			 Agencies.
(2) All state Agencies
			 must use OregonBuys or other Electronic Procurement System approved by the
			 State Chief Procurement Officer to comply with the reporting requirements for:
(a) Personal Services Contracts in accordance
			 with OAR 125-246-0353;
(b)
			 Agreements under ORS 190 in accordance with OAR 125-246-0365; and
(c) Special Procurements in accordance with
			 OAR 125-247-0287(12).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0555 - Contract Administration; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority. Procurements include Contract
			 Administration. The Authority for an Authorized Agency to conduct Contract
			 Administration is found in OAR 125-246-0170, and is subject to the requirements
			 of ORS 279A.159 and OAR
			 125-246-0140.
(2) Contract
			 Administrator. The Authorized Agency must appoint, in Writing, a Contract
			 Administrator to represent the Authorized Agency for each Contract. The
			 Contract Administrator may delegate in Writing a portion of the Contract
			 Administrator's responsibilities to a technical representative for specific
			 day-to-day administrative activities for each Contract, including
			 communications according to OAR 125-246-0635.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050,
				  279A.065(5),
				  279A.070,
				  279A.140 &
				  279A.159
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0556 - Procurement Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. This Rule applies to Procurement Files, as defined in OAR
			 125-246-0110.
(2) Required
			 Documentation. All Procurement Files must contain:
(a) All Written documents delivered to an
			 Agency from the Department, whether the documents relate to approvals,
			 revocations, orders, modifications, or other actions (Actions), related to the
			 documents' subject matter and Action;
(b) An executed Contract, if awarded, and any
			 Ordering Instruments and Amendments (collectively, Contract);
(c) The record of the actions used to develop
			 and administer the Contract;
(d) A
			 copy of the Solicitation, if any;
(e) The Contract Administrator and any
			 delegates;
(f) Any required
			 findings or statement of justification for the selection of the Provider and
			 sourcing method according to ORS
			 279A.200 through
			 279A.220 (Cooperative
			 Procurement); 279B.055 through 085 (seven
			 methods for Supplies and Services);
			 279C.100 through
			 279C.125 (Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services); or ORS
			 279C.300 through
			 279C.450 (Public Improvements);
(g) Documentation of Contract
			 Administration according to OAR 125-246-0555  and if required by the selected
			 procurement method:
(A) A list of prospective
			 Providers notified of any Solicitation;
(B) The method used to advertise or notify
			 prospective Providers;
(C) A copy
			 of each Offer that resulted in the Award of a Contract;
(D) The record of any Negotiation of the
			 Statement of Work and results;
(E)
			 A record of all material Communications regarding the Solicitation by
			 interested Providers according to OAR 125-246-0635;
(F) All information describing how the
			 Provider was selected, including the method and basis for awarding the
			 Contract;
(G) A copy of the
			 Request for Special Procurement, if any;
(H) Documentation for a Federal Program
			 purchase according to OAR 125-246-0360; and
(I) Documentation related to Cooperative
			 Procurements according to OAR 125-246-0400.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0570 - Reinstatement of Expired Contract; Retroactive Approval of Existing Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application. This Rule applies to the
			 reinstatement of expired or terminated Contracts (expired Contracts) and the
			 retroactive approval of existing Contracts procured by Authorized Agencies for
			 Supplies and Services and for Architectural, Engineering and Land Surveying
			 Services or Related Services ("Contracts"). This Rule does not apply to
			 mistakes that may occur in the solicitation process (see OAR
			 125-247-0470).
(2) Requirements to
			 Reinstate an Expired Contract.
(a) Before
			 expiration, the Contract was properly signed by all parties;
(b) Then the signed Contract
			 expired;
(c) The Agency reinstates
			 the Contract:
(A) To fulfill its term, up to
			 the maximum time period provided in the Contract or Solicitation; or
(B) To complete one or more deliverable(s)
			 included within the Contract's Scope at the time of its expiration;
(d) The Agency documents in the
			 Procurement File the deliverable(s) to be completed at the time of the expired
			 Contract's reinstatement; and
(e)
			 If the Contractor has performed work under the Contract, the reinstatement does
			 not apply to payments made for work performed between the expiration of the
			 Contract and the date of any reinstatement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0580 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.502, Authorized Agencies are
				authorized and encouraged to use alternative dispute resolution (ADR),
				including collaborative forms of dispute resolution such as mediation,
				facilitation and collaborative rulemaking. The Attorney General's Model Rules
				on ADR are designed to assist Authorized Agencies in the assessment and
				appropriate use of collaborative ADR, as set forth in the Oregon Attorney
				General's Administrative Law Manual and Uniform and Model Rules of Procedure
				under the Administrative Procedures Act, October 3, 2001.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A.050,
				  279A.065(5),
				  279A.070,
				  279A.140
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0600 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
These Rules supplement and do not replace ORS
				244.010 through
				244.400, for the purpose of
				applying the policy of ORS
				244.010 to Oregon Public
				Contracting under the Public Contracting Code and these Rules. Oregon Public
				Contracting is a public trust. The Agencies and Contractors involved in Public
				Contracting must safeguard this public trust.
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 125-246-0605 - Selection and Award of Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agency officers, employees or agents
			 involved in the process of the selection and award of Public Contracts must
			 carefully review the provisions of ORS
			 244.040.
(2) Agency officers, employees and agents are
			 prohibited from soliciting or receiving Gifts, which means something of
			 economic value given to a public official or the public official's relative
			 without an exchange of valuable consideration of equivalent value, including
			 the full or partial forgiveness of indebtedness, and which is not extended to
			 others who are not public officials or the relatives of public officials on the
			 same terms and conditions; and something of economic value given to a public
			 official or the public official's relative for valuable consideration less than
			 that required from others who are not public officials.
(3) Agency officers, employees and agents are
			 prohibited from using their official position for personal or financial
			 gain.
(4) Agency officers,
			 employees and agents are prohibited from using confidential information gained
			 in the course of the screening and selection procedures for personal or
			 financial gain.
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 125-246-0610 - Appointments to Advisory Committees

Current through Register Vol. 63, No. 7, July 1, 2024
The Director, State Chief Procurement Officer, Designated
				Procurement Officer or a delegatee may 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 pursuant to ORS
				279A.015.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other 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 125-246-0615 - Nonretaliation

Current through Register Vol. 63, No. 7, July 1, 2024
This Rule prohibits retaliation against anyone who complies
				with the Public Contracting Code and these Rules. Any officer, employee or
				agent of an Agency or Provider who engages in retaliation action will be
				subject to Penalties pursuant to ORS
				279A.990,
				244.350 to
				244.400 and related rules. Also,
				any Provider who engages in a retaliation action may be
				debarred.
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 125-246-0620 - Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies and Providers must not develop
			 Specifications that primarily benefit a Provider, directly or indirectly, to
			 the detriment of an Agency or the best interest of the State.
(2) Agencies must not develop Specifications
			 that inhibit or tend to discourage Public Contracting with Qualified
			 Rehabilitation Facilities under ORS
			 279.835 through
			 279.855 and OAR 125-055-0005  through 125-055-0045  where those Specifications inhibit or tend to discourage
			 the acquisition of Oregon Forward-produced Supplies and Services without
			 reasonably promoting the satisfaction of bona fide, practical procurement needs
			 of the Agency.
(3) Agencies and
			 Providers must not develop Specifications that inhibit or tend to discourage
			 Public Contracting under other public procurement laws or policies of the
			 Department.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other 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 125-246-0621 - Anti-Trust Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authorized Agencies must be generally informed about anti-trust laws and their
			 prohibitions, including the prohibition of any Contract or conspiracy in
			 restraint of trade. Violations of anti-trust laws include but are not limited
			 to the attempt of any Person(s) to monopolize or to conspire with any other
			 Person(s) to monopolize any trade of commerce.
(2) Violations of anti-trust laws harm
			 competition and the policies of ORS
			 279A.015. Also see OAR
			 125-247-0500, 125-247-0575, 125-249-0370  and 125-249-0390.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  646.725 and
				  646.730
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0625 - Sole-Source

Current through Register Vol. 63, No. 7, July 1, 2024
Authorized Agencies may not select a Sole-Source Procurement
				pursuant to ORS 279B.075 and avoid a competitive
				Procurement if the purpose of the selection is to primarily benefit the
				Provider, directly or indirectly, to the detriment of an Authorized Agency or
				the best interest of the State.
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 125-246-0630 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
A Procurement may not be artificially divided or fragmented so
				as to constitute a Small Procurement, pursuant to ORS
				279B.065, or an Intermediate
				Procurement, pursuant to ORS
				279B.070.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A.015,
				  279A.065(5)(a),
				  279A.070,
				  279B.065