Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
Procurements under OAR
291-159-0010(2)(b) and
(2)(c), see OAR
125-246-0360.
(2) For Procurements under OAR
291-159-0010(1)(a),
DOC may purchase supplies and Services through the General Service
Administration (GSA) federal program or federal Contracts (Federal Program)
without competitive sealed bidding, competitive sealed Proposals or other
competition required under ORS
279B.050 to
279B.085, provided the following
conditions are met:
(a) DOC has authority,
including federal authorization, to purchase supplies and Services through
Federal Programs;
(b) The purchase
meets DOC's needs;
(c) The price
and other terms of the purchase are advantageous to DOC;
(d) No mandatory Price Agreement for the
supplies and Services exists, based upon DOC's inquiry through the Electronic
Procurement System;
(e) State and
local preference programs, including but not limited to adult in custody labor
in accordance with the Oregon Constitution, Article I, Section 41, products of
disabled individuals program of ORS
279.835 to
279.850, and mandatory use
Contracts under OAR 125-247-0296, are not waived or
otherwise adversely affected by an acquisition through a Federal
Program;
(f) DOC 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
(g) DOC has
considered the following impacts upon local business:
(A) If the Procurement is in excess of
$10,000, DOC has given notice through the Electronic Procurement System of its
needs, reasons, and intent to procure through a Federal Program;
(B) DOC has provided a reasonable time period
under the circumstances for individuals to respond to the notice and send
Written comments to DOC; and
(C)
DOC has considered any comments and replied, if appropriate, before proceeding
with its Procurement through a Federal Program.
(3) When DOC purchases supplies or Services
under this rule, a new Contract will be formed when a Contractor accepts an
order from DOC. The Contract's terms and conditions will be incorporated by
reference.
(4) DOC and Contractors
participate voluntarily. Contractors providing Services and supplies under this
administrative rule will make direct deliveries to DOC. DOC retains the right
to decline orders on a case-by-case basis, for any reason, within a
five-business day period of receipt of any DOC Contract order made under this
administrative rule.
(5) DOC may
add any significant and substantial Contract terms and conditions that are
required by state statutes or rules to any Contract created under this rule,
provided the additional Contract terms and conditions do not conflict with the
Federal Program's Contract terms and conditions. Examples of such terms and
conditions include, but are not limited to:
(a) Prompt Payment. DOC may apply the terms
and conditions of Oregon's prompt payment law to its Contracts, but if DOC
fails to make this addition, then DOC 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);
(b) 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
(c) Conflict Resolution. DOC may revise the
Contract's dispute resolution provision to use Alternative Dispute Resolution
(ADR) to the extent authorized by law.
Statutory/Other Authority: ORS
179.040,
279A.050(6)(h) -
(6)(i),
279A.065,
279A.070,
279A.180
Statutes/Other Implemented: 279A.065, 279A.070,
279A.180
