Current through Register Vol. 63, No. 9, September 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.
Statutory/Other Authority: ORS
181A.410, ORS
279A.050, ORS
279A.065, ORS
279A.070 & ORS
279A.180
Statutes/Other Implemented: ORS
181A.410, ORS
279A.065, ORS
279A.070 & ORS
279A.180
