Current through Register Vol. 63, No. 9, September 1, 2024
(1) Procurements
conducted under ORS 179.040 and
279A.050(6)(i):
(a) OAR 291-159 rules apply to procurements
of goods and services for Oregon Department of Corrections (DOC) institutions
conducted under ORS 179.040 and
279A.050(6)(i)
except as set forth in subsections (2)(b) and (2)(c) of this rule.
(b) For procurements conducted under
subsection (1)(a) of this rule, DOC adopts:
(A) OAR
137-046-0100 through
137-046-0480 in effect as of
January 1, 2023; and
(B) OAR
137-047-0000 through
137-047-0810 in effect as of
January 1, 2023, with the exception of OAR
137-047-0330 and
137-047-0800. As applied to
these procurements, references to OAR
137-047-0330 are replaced by OAR
291-159-0110 and references to
OAR 137-047-0800 are replaced by OAR
291-159-0120.
(2) Other Procurements:
(a) OAR Chapter 291 Division 160 applies to
Procurements of Goods and Services for the following programs conducted under
ORS 421.438:
(A) Prison work and on-the-job training
programs;
(B) Forest and work
camps;
(C) Farm and agricultural
operations and programs;
(D) Food
Services Operations and Programs; and
(E) Facility or property maintenance
operations and programs.
(b) OAR Chapter 125 Divisions 246, 247, 248,
and 249, apply to:
(A) Procurements of Goods
and Services for DOC institutions that DOC elects to conduct under OAR
125-247-0288 (Special
Procurements; by Rule, including but not limited to client services);
(B) Procurements of Goods and Services not
otherwise specified in this rule; and
(C) Intergovernmental and interagency
agreements, but only to the extent they are specifically governed by OAR
Chapter 125 Divisions 246, 247, 248, and 249.
(c) Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning, Land Surveying Services and
Related Services. For Procurements of Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning, and Land Surveying Services
and Related Services, DOC adopts OAR Chapter 125 Divisions 246, 247, 248, and
249 in effect as of January 1, 2023.
(3) In the event a conflict arises between
these Division 159 rules and OAR Chapter 137 Division 46, the conflict will be
resolved in the following order of precedence:
(a) The Public Contracting Code, ORS 279A,
279B, and 279C;
(b) OAR Chapter 291
Division 159;
(c) OAR Chapter 137
Division 46.
(4) For the
convenience of the user, pointer rules pertaining to preferences are found at
OAR 291-159-0050 through
291-159-0070. A pointer rule
pertaining to protests is found at OAR 291-159-0140.
(5) These Division 159 rules apply to
Procurements that DOC first advertises or otherwise solicits on or after
January 1, 2023, or, if DOC does not advertise or solicit the Procurement, to
Contracts that DOC enters into on or after January 1, 2023.
Statutory/Other Authority: ORS
179.040,
279A.050(6)(h) -
(6)(i),
279A.065,
279A.140(1)
& 421.438
Statutes/Other Implemented: ORS
179.040,
279A.050(6)(h) -
(6)(i),
279A.065,
279A.140(1),
421.438 &
279.030
