Oregon Administrative Code

125-246-0135 Solicitation Templates; Contract Forms and Templates; Accountability for Advice (Director Verification) (1) See OAR 137-046-0140. (2) Regardless of OAR 137-046-0140, a State Contracting Agency, in Solicitation documents, must comply with SB 471 (Chapter 294, 2019) re…

125-246-0140 Procurement Authority (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, …

125-246-0150 Applicability of These Rules to Agencies Agencies subject to the Authority of the Director of the Department must follow these Rules. If an Agency is partially independent of the Authority of the Department and partially subject to the Authority of the Department, th…

125-246-0165 Delegation Policy and Procedures (1) Generally. (a) Purpose. This Rule describes the policy and procedures related to the delegation of Authority under OAR 125-246-0170, including but not limited to: (A) Policy of the Code; (B) Individual Representation; (C) Forms of…

125-246-0170 Delegation of Authority (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 P…

125-246-0200 Affirmative Action; Limited Competition Permitted (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 r…

125-246-0210 Subcontracting to and Contracting with Emerging Small Businesses; Disqualification (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 …

125-246-0220 Governor’s Policy Advisor for Economic and Business Equity (1) The Governor’s Policy Advisor for Economic and Business Equity (formerly known as the “Director of Economic & Business Equity” and also known as the "Governor's Advocate's Office for Minority, Women and E…

125-246-0300 Preference for Oregon Supplies and Services See OAR 137-046-0300. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.120 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11…

125-246-0310 Reciprocal Preferences (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, …

125-246-0314 Veterans Preference (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 …

125-246-0316 Lighting Preference Relating to Mercury 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 mercu…

125-246-0318 Oregon Employment Preference 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 disclos…

125-246-0319 Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements See OAR 137-046-0330. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: Sec. 4, Ch. 52 & OLs 2012 History: DAS 3-2012, f. 11-29-12, cert. …

125-246-0320 Recycling; Definitions (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…

125-246-0321 Recycling Policy (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 t…

125-246-0322 Preference for Recycled Materials (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 …

125-246-0323 Recycled Paper and Paper Products (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…

125-246-0324 Recycling: Food Service and Food Packaging (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 servic…

125-246-0330 Supplier Requirements (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…

125-246-0333 Independent Contractors (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 w…

125-246-0335 Authority and Standards for Personal Services Contracts (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…

125-246-0345 Procedures for Personal Services Contracts (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…

125-246-0350 Approval of Personal Services Contracts (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 Pr…

125-246-0351 Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract (1) Application. For the purposes of this Rule only, "Personal Services" includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Se…

125-246-0353 Reporting Requirements for Personal Services Contracts (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)…

125-246-0360 Purchases Through Federal Programs (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, Comp…

125-246-0365 ORS 190 Agreements (Intergovernmental) (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 …

125-246-0400 Cooperative Procurement; Purpose, Policy, and Definitions (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 U…

125-246-0500 Electronic Procurement System (OregonBuys) (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 an…

125-246-0555 Contract Administration; General Provisions (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…

125-246-0556 Procurement Files (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 rela…

125-246-0570 Reinstatement of Expired Contract; Retroactive Approval of Existing Contract (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 Agenc…

125-246-0576 Payment Authorization for Cost Overruns for Services Contracts (1) Payments on Contracts for Trade or Personal Services that exceed the maximum contract consideration (Cost Overruns) require approval (Approval). If the aggregated value of the Contract, including Cost…

125-246-0580 Dispute Resolution 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 G…

125-246-0600 Ethics in Public Contracting; Policy 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…

125-246-0605 Ethics; Selection and Award of Public Contracts (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 prohibit…

125-246-0610 Appointments to Advisory Committees 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…

125-246-0615 Nonretaliation 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.99…

125-246-0620 Specifications (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 …

125-246-0621 Anti-Trust Laws (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…

125-246-0625 Sole-Source 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 Agenc…

125-246-0630 Fragmentation 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. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Ot…

125-246-0635 Authorized Agency and Provider Communications (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 …

125-246-0800 Selling or Leasing Supplies and Services; Policy; Applicability; Methods (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 …

125-246-0900 Penalties (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 pro…

125-247-0010 Policies (1) ORS Chapter 279B and this division 247 apply the policies of 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 …

125-247-0100 Applicability (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 Rule…

125-247-0110 Feasibility Determination, Cost Analysis and Department Report (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 …

125-247-0165 Practices Regarding Electronic Goods Procurement (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 Departme…