Or. Admin. Code § 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, according to ORS 279A.140 and 279C.105(1). Delegations of Authority in accordance with OAR 125-246-0170 do not relieve the Department of this responsibility.

(2) For Agencies, the Department and its Director are the Contracting Agency described in the Public Contracting Code and represent the Agencies. Authorized Agencies receive delegated Authority according to OAR 125-246-0170.

(3) After December 31, 2018, any person conducting a Procurement or administering a Contract for a state contracting agency, 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 pursuant to ORS 279A.159, 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 a state contracting agency and contractors so that contractors meet obligations to the state contracting agency and the state contracting agency 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 state contracting agency policies and procedures and otherwise conduct Procurements or administer Public Contracts for a state contracting agency in accordance with best practices.

(4) In addition to the requirements set forth in subsections (3)(a)-(h) of this rule, the Department may:

(a) Describe the contents and quality of a curriculum for an appropriate education or training program;

(b) Establish a passing score for an examination or assessment, if appropriate;

(c) Establish requirements for obtaining a certificate or other evidence of having completed the education or training program;

(d) Otherwise determine the skills and the level and depth of knowledge a person must have to fulfill the education or training program;

(e) Describe the length of service or other evidence of adequate experience required; and

(f) Establish levels or classifications of education and training or experience that are necessary for a person to conduct a Procurement or administer a Public Contract for a state contracting agency, according to:

(A) The complexity, scope or category of Procurements a state contracting agency conducts;

(B) The degree of responsibility a person will have for conducting a Procurement or administering a Public Contract; or

(C) Other criteria the Department may establish as appropriate.

(5) Any person conducting any part of a Procurement or any part of administering a Contract for a state contracting agency, after December 31, 2018, who does not have education, training, professional experience, or a combination thereof in accordance with the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule, must

(a) Have a Written delegation from a person who currently meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule, and

(b) Have their actions directly reviewed and approved by a person who currently meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule. A delegation under this Section must be in a form approved by the State Chief Procurement Officer.

(6) The Department may provide any part or all of an education or training program that meets the standards established by the Department, or may approve any part or all of an education or training program that the Department may determine meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule. The Department may phase in or specify incremental steps for meeting the standards and requirements under this Rule.

Notes

Or. Admin. Code § 125-246-0140

DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05; DAS 5-2006, f. & cert. ef. 5-31-06; DAS 6-2008, f. & cert. ef. 7-2-08; DAS 2-2016, f. 12-22-16, cert. ef. 1/1/2017; DAS 6-2022, temporary amend filed 11/07/2022, effective 11/7/2022 through 5/5/2023; DAS 1-2023, amend filed 04/11/2023, effective 5/1/2023; DAS 5-2023, amend filed 12/29/2023, effective 1/1/2024

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.050(1)(2)