Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0005 - Procurement Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 279A.050, the Department adopts these rules to supplement the DOJ Model
			 Rules on general provisions related to public contracting as promulgated by the
			 Attorney General effective as of January 1, 2024. These rules apply to the
			 Department's exercise of procurement authority under ORS 279A.050. These rules
			 supplement the rules contained in Chapter 137, Divisions, 45, 46, and 47. In
			 the event of a conflict between such rules and these rules, these rules
			 control.
(2) 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 414-070-0010 do not relieve the Department of this
			 responsibility.
(3) The Department
			 and its Director are the Contracting Agency described in the Public Contracting
			 Code and represent the Department. The Designated Procurement Director receives
			 delegated Authority according to OAR 414-070-0010.
(4) Any person conducting a Procurement or
			 administering a Contract for the Department, 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 of Administrative Services pursuant to ORS 279A.159 and rules
			 promulgated thereunder, 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 the Department and contractors so that contractors meet
			 obligations to the Department and the contracting Department 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 Department policies and procedures and
			 otherwise conduct Procurements or administer Public Contracts for the
			 Department in accordance with best practices.