Or. Admin. Code § 291-159-0080 - Federal Program Procurements

(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.

Notes

Or. Admin. Code § 291-159-0080

DOC 12-2022, adopt filed 11/7/2022, effective 1/1/2023

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