Or. Admin. Code § 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
Delegations and Revocations of Authority;
(D) Changes in Individual
Representation;
(E) Procedural
Requirements;
(F) Signature;
and
(G) Commitment of
Funds.
(b) This Rule
applies to all delegations and sub-delegations of Authority (collectively,
Delegations), modifications of Delegations, and revocations of Delegations
under OAR 125-246-0170. This Rule does not delegate Authority. All delegations
of Authority under the Rules are found solely in 125-246-0170.
(2) Policy of the Code. The policy
of the Code is to clarify responsibilities, instill public confidence, promote
efficient use of resources, implement socioeconomic programs, allow meaningful
competition, and provide a structure that supports evolving procurement
methods, according to ORS 279A.015. These Rules support this policy of the
Code.
(3) Individual
Representation. Public Contracting may be delegated only to an individual,
representing the State's interests. Authority under these Rules may be
delegated only to individuals acting on behalf of the Agencies and in
accordance with this Rule, and OAR 125-246-0170(2)(a)(A). All individual
delegatees must hold and use this Authority within the scope of their
employment by the Agency and act on behalf of the Agency as the Agency's
representative. Sub-delegations may be in whole or in part according to ORS
279A.075. Any individual may decline a sub-delegation in whole or in part. A
delegator or delegatee may also be referred to in this Rule as an "Authorized
Individual."
(4) Forms of
Delegations and Revocations of Authority. ORS 279A.075 provides that the
exercise of all authorities in the Code may be delegated and sub-delegated in
whole or in part. The form of a Delegation or revocation of Authority by an
Authorized Individual may be by:
(a) OAR
125-246-0170 by the Director of the Department;
(b) A Written external or internal policy by
an authorized delegator or revoker;
(c) An Interagency Agreement, signed by the
State Chief Procurement Officer and the Authorized Agency; or
(d) A letter or memorandum signed by an
authorized delegator or revoker.
(5) Changes in Individual Representation. If
an Agency determines that an Authorized Individual has ceased to represent that
Agency for Procurement (Absent Individual), then:
(a) The Authority of the Absent Individual
automatically reverts back to the individual who originally delegated the
Authority to the Absent Individual. The Agency must determine who receives the
reverted Authority in accordance with this Rule. If the Absent Individual is a
head of an Agency or Designated Procurement Officer, the delegator of Authority
to that individual must notify the State Chief Procurement Officer within
thirty (30) days after the change in representation.
(b) Sub-delegations, if any, by an Absent
Individual remain in effect unless and until the Authority of any
sub-delegatees is modified or revoked by an Authorized Individual.
(6) Procedural Requirements.
(a) Compliance. Authorized Agencies must
maintain good contracting procedures in accordance with the Public Contracting
Code, related Rules and policies of the Department. Delegation of Authority
does not exempt anyone from the requirements of the Public Contracting Code,
related Rules, and policies of the Department. Any individual receiving
delegated Authority is responsible for following the Public Contracting Code,
related Rules, and policies of the Department.
(b) Modifications or Revocations.
(A) Authority. Subject to the conditions of
Subsection (ii) below, a Delegation may be modified or revoked by:
(i) The Director of the Department,
(ii) The State Chief Procurement Officer in
accordance with OAR 125-246-0170(3)(b)(D) and 125-246-0170(3)(d)(J),
or
(iii) The original authorized
delegator or successor of this delegator who made this Delegation being
modified or revoked.
(B)
Conditions.
(i) This modification or
revocation of a Delegation must be in Writing;
(ii) The delegatee must receive reasonable
notice of the modification or revocation of the Delegation; and
(iii) This modification or revocation of a
Delegation must be based upon a determination.
(c) Maintenance of Documents. The Authorized
Agency must maintain copies of letters, memoranda, or agreements granting a
Delegation.
(7)
Signature. When an Authorized Agency has delegated Authority according to OAR
125-246-0170, the Authorized Agency's signature constitutes both the execution
and approval of the Contract, except as provided in
125-246-0170(2)(a)(B)(i).
(8)
Commitment of Funds. ORS 291 and 293, together with the policies of the State
Controller's Division of the Department, provide for public financial
administration, including: appropriations, allotments by the Department, and an
individual's authority to commit or encumber funds, financially obligate the
Agency, and decide to expend funds. This type of authority may be referred to
as commitment, expenditure, obligation, expenditure decision or signature
authority (collectively, Commitment of Funds).
(9) Requests for Delegations. Any Agency may
submit a delegation request through OregonBuys or other Electronic Procurement
System approved by the State Chief Procurement Officer to the State Chief
Procurement Officer for Authority in accordance with the Public Contracting
Code, this Rule, and any related policy of the Department. All requested
Delegations must be approved in Writing by the State Chief Procurement Officer
and based upon a consideration of relevant criteria as follows:
(a) The nature of the Supplies and Services
to be provided;
(b) Resources of
the Agency requesting the delegation, including trained and qualified contract
officers and staff, the Agency's experience and expertise, staff time
available, and the degree of economy and efficiency to be achieved in meeting
the state's requirements if Authority is delegated;
(c) The Agency's Procurement and public
contracting past performance;
(d)
Department's resources to exercise the Authority if it is not delegated;
and
(e) Value added by the Agency
if the Authority is delegated.
(10) Revocation of Delegations. The State
Chief Procurement Officer may revoke any delegation issued under section (9) of
this Rule at any time by Written notice to the Designated Procurement Officer
of the Agency, as defined in OAR 125-246-0170, based upon, but not limited to
any of the following:
(a) Failure to comply
with the requirements of the delegation;
(b) Failure to comply with the requirements
of OAR 125-246-0170(2)(a)(A)
(c)
Deficiencies evidenced by performance audits performed by the Department, the
Secretary of State, or the Legislative Assembly;
(d) Failure to comply with the Department
training requirements to obtain an Oregon Procurement Certification, or
specific training described in the delegation;
(e) Lack of adequate experience in terms of
procurement knowledge and any specialized knowledge pertinent to the Authority
delegated;
(f) The available
resources of the Department to conduct the purchasing activities if Authority
is revoked; and
(g) The degree of
economy and efficiency to be achieved in meeting the state's requirements if
Authority is revoked.
(11) Return of Delegations from Agencies to
the State Chief Procurement Officer. If an Agency needs assistance, an Agency
may request that the State Chief Procurement Officer reclaim the Authority
previously delegated to the Agency. With sole discretion, the State Chief
Procurement Officer may accept the reclamation request for assistance according
to the responsibilities, resources, and needs of the Department and the
Agency.
Notes
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.075 & 279A.140
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.