Or. Admin. Code § 125-246-0170 - Delegation of Authority
(1)
Generally.
(a) Purpose. This Rule delegates
the procurement Authority of the Department (Authority). Only this Rule
delegates this Authority.
(b)
Authority of Agencies. The Director of the Department delegates Authority to
the Designated Procurement Officers of the Authorized Agencies in section (2)
of this Rule.
(c) Authority of the
State Chief Procurement Officer. The Director of the Department delegates
Authority to the State Chief Procurement Officer in Section (3) of this
Rule.
(d) Authority of Independent
Agencies. The Director of the Department delegates Authority in certain
instances to Independent Agencies in Section (4) of this Rule.
(e) Authority of the Director. According to
ORS 279A.140, the Department must conduct all Procurements, including Contract
Administration, for the Agencies. Other Sections of the Code authorize specific
actions by the Director of the Department. According to ORS 279A.050(1) and
(2), this Authority of the Department vests only in the Director of the
Department. The Director is ultimately responsible for the Procurement of the
Agencies.
(2) Delegation
to Individuals in Agencies.
(a) Chain of
Delegation and Responsibilities.
(A) Head and
Designated Procurement Officer of the Agency.
(i) Conditional Delegation. The Director of
the Department delegates Authority, only as set forth in this Section (2), to
the heads of Authorized Agencies, on the condition that the head of each
Authorized Agency subdelegate such Authority to the Agency's Designated
Procurement Officer, who may further subdelegate such Authority in accordance
with policies of the Agency (Chain of Delegation). Each Authorized Agency must
appoint a Designated Procurement Officer to serve that Authorized Agency; if
none is appointed, the head of the Agency is deemed to be the Designated
Procurement Officer and assumes the Authority, duties and responsibilities of
the Designated Procurement Officer (collectively, "Designated Procurement
Officer"). The head of each Agency may not subdelegate Authority outside this
Chain of Delegation, except as provided in subsection (2)(a)(B).
(ii) Manner of Appointment. The Authorized
Agency may determine its procedure for appointing its Designated Procurement
Officer, and this Rule does not require or imply any inherent Authority in
individual(s) or the Agency in order to make this appointment. The Agency must,
in a form approved by the State Chief Procurement Officer, send a Written
notice of its appointment of the Designated Procurement Officer to the State
Chief Procurement Officer.
(iii)
The State Chief Procurement Officer may approve the appointment of the
Designated Procurement Officer in accordance with ORS 279A.159, these Rules,
and Department policies.
(iv) Each
Designated Procurement Officer shall prepare and maintain on file with the
Agency's Designated Procurement Officer a current procurement plan. The plan
should include the anticipated Procurements for the fiscal year or biennium,
and a List of procurement staff and their certifications or
qualifications.
(B)
Exceptions: Head and Other Individuals of the Agency.
(i) Execution of Contracts. Heads of
Authorized Agencies may subdelegate the Authority to execute Contracts, as
described in subsection (2)(b)(F), to other individuals within their respective
Agency, provided this subdelegation is in accordance with a Written alternative
subdelegation plan, maintained on file with the Agency's Designated Procurement
Officer.
(ii) Special Procurements
of General or Special Counsel Authorized by the Attorney General, according to
OAR 125-247-0295. Heads of Authorized Agencies may subdelegate the Authority to
procure general or special counsel authorized by the Attorney General, as
described in subsection (2)(d)(L), to other individuals within their respective
Agency, provided the head of the Authorized Agency has determined that the
individual receiving the subdelegation has the requisite skills and knowledge
to carry out the subdelegation. Such subdelegations may be further subdelegated
within that Authorized Agency, provided the subdelegator has determined that
each individual receiving the Delegation has the requisite skills and knowledge
to carry out the subdelegation.
(iii) Chain of Delegation. Authorized
Individuals in accordance with Subsections (2)(a)(B)(i) and (ii) are included
in the Chain of Delegation.
(C) Responsibilities. Each individual in the
Chain of Delegation remains responsible for the exercise of Authority by that
individual's subdelegatees, and subdelegation does not waive this
responsibility. Each delegator must determine and document that the delegatee
is capable and accountable for the Procurement. The Designated Procurement
Officer, appointed within each Authorized Agency, is responsible for all
delegated procurement activity on behalf of the Authorized Agency, as described
in this section (2), except as provided in subsection (2)(a)(B).
(b) Duties and Responsibilities of
Designated Procurement Officers. The Authority, duties and responsibilities of
the Designated Procurement Officer, according to (2)(a)(A), are as follows:
(A) Serve as the exclusive supervisor and
manager of the Authorized Agency's Procurement system;
(B) Conduct, supervise and manage the
Procurement and the Procurement Process for the Authorized Agency in accordance
with the Code and these Rules, except for those Procurements conducted by a
delegatee to whom the Designated Procurement Officer has delegated
Authority;
(C) Prepare or monitor
the use of Specifications or statements of work for all Procurements of the
Authorized Agency;
(D) Issue
Solicitations and implement other non-Solicitation methods for all Procurements
of the Authorized Agency in accordance with the Code and these Rules;
(E) Award Contracts only as authorized in
accordance with this Rule;
(F)
Execute Contracts, which means causing the signing of Contracts and performance
of all necessary formalities to bring the Contracts into their final, legally
enforceable forms. If the Designated Procurement Officer is unable to make a
Commitment of Funds as described in OAR 125-246-0165(8), then the head of the
Authorized Agency may follow an alternative subdelegation plan in accordance
with Subsection (2)(a)(B)(i).
(G)
Comply with the reporting requirements and the training and certification
requirements of the Code, these Rules, and Department policies;
(H) Monitor sourcing decisions, Procurements,
development of Contracts, awarded Contracts, Contract compliance, spend,
Delegations, Special Procurements, exemptions, and exceptions. Monitoring
Contract development, awards, and compliance applies to all
Delegations;
(I) Based upon the
monitoring described in subsection (2)(b)(H), determine opportunities,
establish targets, and utilize methods according to ORS 279A.200 through
279A.220 and 279B.055 through 279B.085 to optimize savings consistent with
strategic sourcing; and
(J) Conduct
Cost Analyses, approve Feasibility Determinations and Exceptions, and otherwise
comply with OAR 125-247-0110.
(c) Delegation by Rule Based Upon Thresholds.
By this Rule, the Director of the Department delegates Authority to the heads
of all Authorized Agencies, subject to section (2)(a)(A) and (B), for the
following Procurements, including Contract Administration:
(A) Small Procurements of Supplies and
Services up to and including the Threshold of $25,000, according to ORS
279B.065 and related Rules;
(B)
Direct appointments of Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services or Related Services
according to OAR 125-248-0200;
(C)
Procurements of Supplies and Services greater than $25,000 and not exceeding
$250,000, and Amendments of Contracts resulting from these Procurements,
according to ORS 279B.070, OAR 125-247-0270, and any related policy;
(D) Informal Selection Procedures of
Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
Land Surveying Services or Related Services according to ORS 279C.110 and OAR
125-248-0210, provided that the Authorized Agency follows the requirements as
set forth in the policy of the Department;
(E) Competitive Quotes for Public
Improvements estimated not to exceed $100,000, provided that the Authorized
Agency follows the requirements as set forth in the policy of the
Department;
(F) Competitively
Sealed Bidding not exceeding $250,000 and according to OAR
125-247-0255;
(G) Competitively
Sealed Proposals not exceeding $250,000 and according to OAR
125-247-0260;
(H) Sole-Source
Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR
125-247-0275;
(I) Special
Procurements in accordance with OAR 125-247-0287 not exceeding $250,000. This
is the Authority to use the Special Procurement. Approval of the Special
Procurement method must be requested from the State Chief Procurement Officer
pursuant to OAR 125-247-0287.
(J)
Purchase of Used Personal Property Special Procurements not exceeding $250,000
and according to OAR 125-247-0288(10);
(K) Reverse Auctions Special Procurements not
exceeding $250,000 and according to OAR 125-247-0288(11); and
(L) Contract Administration as follows:
(i) For Contracts and Ordering Instruments
authorized according to this section (2)(c) and (d), the Contract
Administration of these Public Contracts and Ordering Instruments, including
but not limited to: appropriate payment approvals, ordering in accordance with
the terms of Department Price Agreements, and the oversight of the Provider(s);
but excluding the Contract Administration described in Subsection (v)
below;
(ii) The daily or routine
Contract Administration of Ordering Instruments placed against Department Price
Agreements and Contracts procured by the Department on behalf of Agencies. This
daily or routine Contract Administration includes but is not limited to:
appropriate payment approvals, ordering in accordance with the terms of
Department Price Agreements, and the oversight of the Provider(s);
(iii) Activities specified in Writing by the
State Chief Procurement Officer or delegatee;
(iv) Activities specified in a related policy
of the Department; and
(v) Despite
subsection (2)(c)(L)(i) through (iv) above, this Delegation by subsection
(2)(c)(L) does not include:
(I) The Contract
Administration of Department Price Agreements; or
(II) For Contracts procured by the Department
on behalf of Agencies, Amendments when the amended value of Contract exceeds
$250,000; and terminations of such Contracts when the amended value of such
Contract exceeds $250,000.
(vi) A statewide Department Price Agreement
should clearly state what, if any, threshold limitation applies to the
delegated Authority to use the Price Agreement. If a Statewide Department Price
Agreement is silent or unclear on the threshold limitation on the delegated
Authority to use the Price Agreement, the Agency's delegated Authority to use
the Price Agreement is not to exceed $250,000, unless the Agency has Authority
greater than $250,000 in a form in accordance with OAR
125-246-0165(4).
(d) Delegation by Rule Based Upon Type. By
this Rule, the Director of the Department delegates Authority to the heads of
all Authorized Agencies, subject to section (2)(a)(A) and (B), for the
following Procurements, including Contract Administration:
(A) Emergency Procurements, in accordance
with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or related Rules;
(B) One-time, nonrepetitive Joint Cooperative
Procurements in accordance with OAR 125-246-0400, provided that:
(i) No such Procurement results in a
Permissive Cooperative Procurement that is open to any Agency outside of those
Agencies jointly named in the original Procurement;
(ii) No such Procurement of Supplies and
Services exceeds the Threshold of $250,000, including all Amendments, according
to OAR 125-247-0805;
(iii) No such
Procurement of Public Improvements exceeds $100,000, including Amendments
according to OAR 125-249-0160 and 125-249-0910; and
(iv) The Authorized Agency must follow any
related policy of the Department.
(C) Federal program Procurements not
exceeding $250,000 or according to a delegation agreement with the State Chief
Procurement Officer, and in accordance with ORS 279A.180 and related
Rules;
(D) Client Services Special
Procurements according to OAR 125-247-0288(1) and (2);
(E) Client Services procured under ORS
279B.055 through 279B.085 and related Rules, including all amendments according
to OAR 125-247-0805;
(F)
Renegotiations of Existing Contracts with Incumbent Contractors Special
Procurements according to OAR 125-247-0288(3) and as follows: the Authorized
Agency is limited to the same Authority delegated to that Agency with regard to
the Original Contract and any Amendments and may not collectively exceed any
Threshold related to its Authority to procure the Original Contract, except
this limit may be exceeded with the prior Written approval of the State Chief
Procurement Officer;
(G)
Advertising Contracts Special Procurements according to OAR
125-247-0288(4);
(H) Equipment
Repair and Overhaul Special Procurements according to OAR
125-247-0288(5);
(I) Contracts for
Price Regulated Items Special Procurements according to OAR
125-247-0288(6);
(J) Investment
Contracts Special Procurements according to OAR 125-247-0288(7);
(K) Food Contracts Special Procurements
according to OAR 125-247-0288(8);
(L) Purchase of Used Personal Property
according to OAR 125-247-0288(10);
(M) Reverse Auctions according to OAR
125-247-0288(11);
(N) Manufacturer
direct Goods and Services according to OAR 125-247-0288(12);
(O) Urgent Personal Services Contract Needs
according to OAR 125-247-0288(13);
(P) Special Procurements of General or
Special Counsel Authorized by the Attorney General, according to OAR
125-247-0295;
(Q) Special
Procurement(s) related to disaster response, according to OAR
125-247-0287;
(R) Architectural,
Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
Services, and Related Services (A&E) Procurement according to OAR
125-248-0200 through 125-248-0340, in accordance with standards of training,
certification, or experience approved by the State Chief Procurement
Officer;
(S) Brand Name
Specification Determinations for Solicitations in accordance with OAR
125-247-0691; and
(T) Brand Name
Specification Determinations for Sole Source Procurements not exceeding
$250,000 and according to OAR 125-247-0691.
(U) Selling or leasing of Supplies and
Services in accordance with OAR 125-246-0800.
(V) Buy Decision in accordance with OAR
125-247-0200(1) and (2). The Agency's delegated Authority to use each Priority
Source in the Buy Decision is not to exceed $250,000, unless the Agency has
Authority greater than $250,000 in a form in accordance with OAR
125-246-0165(4).
(3) Delegation to the State Chief Procurement
Officer.
(a) Powers and Authorities. The
Director of the Department delegates to the State Chief Procurement Officer the
rights, powers and Authority vested in the Director of the Department to:
(A) Delegate and subdelegate these
authorities in whole or in part according to ORS 279A.075;
(B) Approve Special Procurement requests,
according to ORS 279B.085 and related Rules, and receive filed protests of
approvals of Special Procurements, according to ORS 279B.400(1);
(C) Conduct hearings, approve agency
Findings, approve exemption requests, and issue exemption orders, according to
ORS 279C.335, ORS 279C.345, 279C.390, and related Rules;
(D) Create all procedures and Specifications
required by the Public Contracting Code and these Rules;
(E) Receive, maintain, and act upon
information contained in reports, including but not limited to ORS 279A.140(h)
and 279C.355, as required by the Public Contracting Code and these
Rules;
(F) Receive and resolve
protests according to ORS 279B.400 to 279B.420 and Division 247 Rules, except
for appeals from a decision of the State Chief Procurement Officer or
delegatee;
(G) Receive notices,
conduct hearings, and make decisions regarding prequalifications, debarments,
and Disqualifications according to ORS 279A.110, 279B.425, 279C.450,
200.065(5), and 200.075(1), except for appeals from a decision of the State
Chief Procurement Officer or delegatee;
(H) Approve expedited notices for Sole-Source
Procurements according to OAR 125-247-0275;
(I) Procure and administer Cooperative
Procurements and receive, hear, and resolve related protests and disputes,
according to ORS 279A.200 through 279A.225 and OAR 125-246-0400;
(J) Approve General Service Administration
federal programs or federal Contracts in accordance with OAR
125-246-0360;
(K) Authorize public
notice of bids, proposals, and public improvement Contracts to be published
electronically and according to ORS 279B.055(4)(c) and 279C.360(1);
(L) Approve the manner and character of
retainage according to ORS 279C.560(1) and (5);
(M) Approve exemptions waiving or reducing
the bid security or bonds for Public Improvement projects in accordance with
ORS 279C.390(1);
(N) Approve
electronic-filing (e-filing) in accordance with ORS 84.049, 84.052 and
84.064;
(O) Approve
procurement-related activities required by other law;
(P) Establish standards of required
education, training, professional experience, or a combination thereof pursuant
to ORS 279A.159, approve programs or persons that satisfy the standards, and
determine any disputes, or requests for exception or sub-delegation.
(Q) Approve requests for an exception to the
prohibition on accepting a Bid or Proposal from a Contractor that advised or
assisted a Contracting Agency to develop Specifications or Solicitation
Documents according to ORS 279B.040; and
(R) Approve exceptions pursuant to 2021 Laws,
Chapter 678 (HB 3011), Section 17 regarding qualified projects utilizing
American Rescue Plan Act funds;
(S)
Make. review, continue, amend, or rescind waiver findings and delegate duties
in accordance with HB 3332, Chapter 541, (2023 Laws); and
(T) Other procurement actions of the
Department specifically required by these Rules.
(b) Duties and Responsibilities of the State
Chief Procurement Officer. The Authority, duties and responsibilities of the
State Chief Procurement Officer are as follows:
(A) Conduct Procurements, including
administration of Contracts, for Agencies.
(B) Develop and maintain State-wide
Procurement rules, policies, procedures and standard procurement documents and
contract terms and conditions as necessary to carry out the Public Contracting
Code.
(C) Subdelegate Authority in
whole or part, in accordance with OAR 125-246-0165(9);
(D) Revoke Authority delegated by the State
Chief Procurement Officer or in accordance with OAR 125-246-0165(10);
(E) Maintain a file of Written subdelegation
Authority granted and revoked under these Rules in accordance with the
law;
(F) Provide guidance and
leadership on Procurement matters to Agencies and their employees;
(G) Establish standards of required
education, training, or experience and provide training and instruction
opportunities to assure Department staff and Agency staff are equipped with
necessary knowledge and skills to comply with requirements of the Public
Contracting Code, Rules, and Department policy related to
Procurement;
(H) Monitor sourcing
decisions, Procurements, development of Contracts, awarded Contract, Contract
compliance, spend, Delegations, Special Procurements, exemptions, and
exceptions. Report these matters to the Authorized Agency and Director as
appropriate. Monitoring Contract development, awards, and compliance applies to
all Delegations;
(I) Based upon
monitoring described in subsection (3)(b)(H), determine opportunities,
establish targets, and utilize methods according to ORS 279A.200 through
279A.220 and 279B.055 through 279B.085 to optimize savings consistent with
strategic sourcing.
(J) Appoint
procurement advisory committees to assist with Specifications, procurement
decisions, and structural change that can take full advantage of evolving
procurement methods as they emerge within various industries, while preserving
competition according to ORS 279A.015.
(c) Delegation by Rule Based Upon Threshold.
By this Rule, the Director of the Department delegates Authority to the State
Chief Procurement Officer for the following Procurements, including Contract
Administration:
(A) Small Procurements of
Supplies and Services on behalf of Agencies not to exceed $25,000 according to
ORS 279B.065;
(B) Intermediate
Procurements of Supplies and Services greater than $25,000 and not exceeding
$250,000, and Amendments of Contracts resulting from Intermediate Procurements,
on behalf of Agencies and according to ORS 279B.070 and OAR
125-247-0270;
(C) Informal
Selection procedures of Architectural, Engineering, Photogrammetric Mapping,
Transportation Planning or Land Surveying Services, and Related Services, on
behalf of Agencies and according to ORS 279C.110 and OAR
125-248-0210;
(D) Competitive
Quotes of Public Improvements estimated not to exceed $100,000, according to
ORS 279C.410 notes and OAR 125-249-0160; and
(E) All Procurements exceeding the Thresholds
for Intermediate Procurements, Informal Procurements, or Competitive Quotes,
according to ORS 279B.070 and OAR-125-247-0270 (Supplies and Services); ORS
279C.110 and OAR 125-248-0210 (Architectural, Engineering, Photogrammetric
Mapping, Transportation Planning or Land Surveying Services, and Related
Services); and ORS 279C.410 and OAR 125-249-0210 (Public Improvements),
respectively.
(d)
Delegation by Rule Based Upon Type. By this Rule, the Director of the
Department delegates Authority to the State Chief Procurement Officer for the
following Procurements, including Contract Administration:
(A) Cooperative Procurements in accordance
with ORS 279A.200 through 279A.225 and OAR 125-246-0400;
(B) Special Procurements according to ORS
279B.085 and related Rules;
(C)
Sole-Source Procurements in accordance with ORS 279B.075 and OAR
125-247-0275;
(D) Emergency
Procurements in accordance with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or
related Rules;
(E) Federal program
Procurements in accordance with ORS 279A.180 and OAR 125-246-0360;
(F) Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services,
and Related Services (A&E) Procurement according to OAR 125-248-0200
through 125-248-0340, in accordance with standards of training, certification,
or experience approved by the State Chief Procurement Officer;
(G) Brand Name Specification Determinations
for Solicitations in accordance with OAR 125-247-0691;
(H) Brand Name Specification Determinations
for Sole Source Procurements according to OAR 125-247-0691;
(I) Selling or leasing of Supplies and
Services in accordance with OAR 125-246-0800;
(J) All Procurements otherwise delegated to
an Authorized Agency according to Section (2) if the State Chief Procurement
Officer, at the State Chief Procurement Officer's own discretion, revokes and
assumes this delegated Authority, based upon a determination that any
Authorized Agency refuses or fails to comply with any Delegation described in
section (2); and
(K) Buy Decision
in accordance with OAR 125-247-0200(1) and (2).
(4) Delegation to Independent Agencies.
(a) For purposes of this section,
"Independent Agency" means an agency claiming Procurement Authority independent
from the Procurement Authority of DAS.
(b) The Director of the Department delegates
to Independent Agencies the same Authority with the same application as
delegated to Authorized Agencies under OAR 125-246-0170, as if the Independent
Agencies are Authorized Agencies, upon the following condition: when an
Independent Agency exercises this delegated Authority, it must comply in that
instance with the same DAS Rules applicable to an Authorized Agency.
(c) In relation to Independent Agencies, the
Director of the Department delegates to the State Chief Procurement Officer
those authorities described in OAR 125-246-0170(3) and the Public Contracting
Code as they relate to Authorized Agencies.
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.