OAR 125-246-0130
Application of the Code and Rules; Exceptions
(1)
Code, Rules and Policies. Except as set forth in this Section and ORS 279A.025 (Application of Public Contracting Code), an Agency must exercise all rights, powers and authority related to Public Contracting in accordance with the Public Contracting Code, Rules, and applicable Department policies (Policies).(2)
Exceptions for Contracts and Grants. These Rules do not apply to the following:(a)
Contracts between Agencies;(b)
Contracts between Agencies and Public Bodies;(c)
Contracts between Agencies and the federal government;(d)
For Cooperative Procurements, any contractual relationship described in Subsections (2)(a) through (c) of this Rule. The Code, Rules, and policies apply to the contractual relationships between the Agencies and Providers, other states, tribes, other nations, and any of their public entities; and(e)
Grants.(A)
Agency as Recipient. If an Agency is a recipient in an agreement with a grantor, the definition of Grant in ORS 279A.010 (Definitions for Public Contracting Code) and OAR 125-246-0110 (Definitions) determines if the agreement is subject to the Code and these Rules. If the grantor has substantial involvement in the program or activity of the Agency, the agreement is not a Grant. The agreement is subject to the Code and these Rules.(B)
Agency as Grantor. If an Agency is a grantor in an agreement with a recipient, the definition of Grant in ORS 279A.010 (Definitions for Public Contracting Code) and OAR 125-246-0110 (Definitions) determines if the agreement is subject to the Code and these Rules. If the Agency has substantial involvement in the program or activity of the Agency’s recipient, the agreement is not a Grant. The agreement is subject to the Code and these Rules.(3)
Exception for a Federal Program. Authorized Agencies otherwise subject to the Code and these Rules may enter into Public Contracts under a federal program described in ORS 279A.180 (Purchases through federal programs) and according to OAR 125-246-0360 (Purchases Through Federal Programs), without following the procedures set forth in ORS 279B.050 (Methods of source selection) through 279B.085 (Special procurements) and 125-247-0250 through 125-247-0690 (Policy; Appearance of Contractor Advantage).(4)
Exception when Procuring from Qualified Rehabilitation Facilities (QRFs). Agencies subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.225 (Protests and disputes) (Cooperative Purchasing) or 279B.050 (Methods of source selection) through 279B.085 (Special procurements) (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services according to ORS 279.835 (Definitions for ORS 279.835 to 279.855) through 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and OAR 125-055-0010 (Policy)(1) (Acquisition of Supplies and Services from QRFs). Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of authority in accordance with OAR 125-246-0170 (Delegation of Authority).(5)
Exception for Correctional Industries. Agencies otherwise subject to the Code and these Rules may enter into Contracts with correctional industries according to the Oregon Constitution, Article 1, Subsection 11, without being subject to the source selection procedures set forth in either ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.225 (Protests and disputes) (Cooperative Purchasing) or 279B.050 (Methods of source selection) through 279B.085 (Special procurements) (Sourcing Methods) and their respective rules.(6)
Exception for Price Agreements. Agencies otherwise subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.225 (Protests and disputes) (Cooperative Purchasing) or 279B.050 (Methods of source selection) through 279B.085 (Special procurements) (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services from a Department Price Agreement or other Price Agreement. Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of authority in accordance with OAR 125-246-0170 (Delegation of Authority).
Source:
Rule 125-246-0130 — Application of the Code and Rules; Exceptions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-246-0130.