OAR 125-247-0200
Buy Decision and Methods of Source Selection

(1) Buy Decision. The Buy Decision means the decision to buy Supplies and Services through socio-economic programs, agreements, or the open market (Source). Agency is not required to make a Buy Decision based on the lowest price. See the specific law for the authority to use each Source.

(2) Priority. Agencies must make their Buy Decision in the priority order set forth in subsections (a) through (d) and in accordance with applicable law (Priority). If a higher Priority Source satisfies a Procurement and law requires the use of that Source, the Agency must procure through that higher Priority Source and may not elect to procure through a lower Priority Source.

(a) Surplus Property. Procuring from surplus property promotes the efficient use of existing resources (see OAR 125-050-0100 (State Surplus Property Definitions) through 125-050-0400 (Public Sales for Disposal of State Surplus Personal Property)).

(b) Qualified Rehabilitation Facilities (QRFs). Procuring from QRFs assists individuals with disabilities through gainful employment (see 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 125-055-0005 (Definitions) through 125-055-0045 (Purchases under ORS 279.855)).

(c) Inmate Labor. See the Oregon Constitution, Article I, Section 41, subsection 11, which encourages the use of inmate work programs.

(d) Statewide Department Price Agreement. Economy and efficiency are promoted through volume and strategic purchases. Some Statewide Department Price Agreements are Mandatory Use Contracts, described in OAR 125-247-0296 (Price Agreements and Mandatory Use Contracts). To determine if a Price Agreement exists and whether it is mandatory, use ORPIN or other Electronic Procurement System approved by the State Chief Procurement Officer and perform a “Statewide Contract Search” or an “Award Search” for “active” Contracts. Under ORS 279A.140 (State procurement of goods and services), DAS has the procurement authority to establish and administer statewide Price Agreements, and in accordance with the terms of each Price Agreement, DAS delegates to the Agencies the procurement authority to use these Statewide Department Price Agreements. A statewide Department Price Agreement should clearly state what, if any, threshold limitation applies to the delegated procurement authority to use the Price Agreement. If a Statewide Department Price Agreement is silent or unclear on the threshold limitation on the delegated procurement authority to use the Price Agreement, the Agency’s delegated procurement authority to use the Price Agreement is not to exceed $150,000, unless the Agency has procurement authority greater than $150,000 in a form in accordance with OAR 125-246-0165 (Delegation Policy and Procedures)(4).

(3) ORS 190 Agreement. Section (2) does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement, Intergovernmental Agreement, Interstate Agreement, International Agreement, or Tribal Agreement (see OAR 125-246-0365 (ORS 190 Agreements (Intergovernmental))). An Agency may elect to use an ORS 190 Agreement at any time.

(4) Open Market. If sections (2) and (3) do not apply, the Agency may procure Supplies and Services through the open market, using the methods provided under the Public Contracting Code, related Rules, and policies. See ORS 279AB, OAR 125-246 and 247.

(5) Methods of Source Selection. An Authorized Agency must award a Contract for Supplies and Services by one of the following seven sourcing methods in accordance with the Code and related Rules:

(a) Competitive Sealed Bidding according to ORS 279B.055 (Competitive sealed bidding);

(b) Competitive Sealed Proposals according to ORS 279B.060 (Competitive sealed proposals);

(d) Intermediate Procurement according to ORS 279B.070 (Intermediate procurements);

(e) Sole-Source Procurement according to ORS 279B.075 (Sole-source procurements);

(f) Emergency Procurement according to ORS 279B.080 (Emergency procurements); or

(g) Special Procurement according to ORS 279B.085 (Special procurements). A Cooperative Procurement in accordance with OAR 125-246-0400 (Cooperative Procurement; Purpose, Policy, and Definitions) substantially uses a Competitive Sealed Bidding or Competitive Sealed Proposals method.

(6) All State Contracting Agencies must comply with ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity), any applicable related Governor’s Executive Order regarding Oregon Minority-Owned, Women-Owned, Service-Disabled Veteran Owned, and Emerging Small Businesses, and applicable related Department statewide policy.

Source: Rule 125-247-0200 — Buy Decision and Methods of Source Selection, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-247-0200.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 125-247-0200 Buy Decision and Methods of Source Selection

OAR 125-247-0200
Buy Decision and Methods of Source Selection