(1)Application. This Rule applies to Procurement Files, as defined in OAR 125-246-0110 (Definitions).
(2)Required Documentation. All Procurement Files must contain:
(a)All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, orders, modifications, or other actions (Actions), related to the documents’ subject matter and Action;
(b)An executed Contract, if awarded, and any Ordering Instruments and Amendments (collectively, Contract);
(c)The record of the actions used to develop and administer the Contract;
(d)A copy of the Solicitation, if any;
(e)The Contract Administrator and any delegates;
(f)Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.220 (Interstate cooperative procurements) (Cooperative Procurement); 279B.055 (Competitive sealed bidding) through 085 (seven methods for Supplies and Services); 279C.100 (Definitions for ORS 279C.100 to 279C.125) through 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 (Policy on competition) through 279C.450 (Appeal procedure for decision to deny, revoke or revise prequalification) (Public Improvements);
(g)Documentation of Contract Administration according to OAR 125-246-0555 (Contract Administration; General Provisions) and if required by the selected procurement method:
(A)A list of prospective Providers notified of any Solicitation;
(B)The method used to advertise or notify prospective Providers;
(C)A copy of each Offer that resulted in the Award of a Contract;
(D)The record of any Negotiation of the Statement of Work and results;
(E)A record of all material Communications regarding the Solicitation by interested Providers according to OAR 125-246-0635 (Authorized Agency and Provider Communications);
(F)All information describing how the Provider was selected, including the method and basis for awarding the Contract;
(G)A copy of the Request for Special Procurement, if any;
(H)Documentation for a Federal Program purchase according to OAR 125-246-0360 (Purchases Through Federal Programs); and
(I)Documentation related to Cooperative Procurements according to OAR 125-246-0400 (Cooperative Procurement; Purpose, Policy, and Definitions).
(3)Time Period. The Agency must maintain Procurement Files, including all documentation, for a period in compliance with OAR 166-300-0015 (Administrative Records)(8) and any other applicable laws. Procurement Files must be made immediately available for review upon the request of the Department.
Rule 125-246-0556 — Procurement Files,