OAR 125-247-0275
Sole-Source Procurements
(1)
Generally. An Authorized Agency with delegated authority according to OAR 125-246-0170 (Delegation of Authority) may award a Contract without a competitive process through a Sole-Source Procurement according to the requirements of ORS 279B.075 (Sole-source procurements), this Rule, and the policy of the Department. The Authorized Agency must make a determination of a sole source based upon Written findings of fact that the Supplies and Services are available from only one source.(2)
Findings of Fact. Findings of fact required under OAR 125-247-0275 (Sole-Source Procurements)(1) may include:(a)
Compatibility. The efficient utilization of existing Supplies and Services requires the acquisition of compatible Supplies and Services from only one source. For example, compatibility may be implicated when: Supplies are required to directly interface with or attach to equipment of the same manufacturer and no other manufacturer’s Supplies will correctly interface with existing equipment; or when Services such as maintenance, warranty, project management, or systems integration are required to interface or integrate with existing Supplies and Services.(b)
Exchange of Software or Data. Specific Supplies and Services, which are available from only one source, may be required for the exchange of software or data with other public or private agencies. This finding may be particularly applicable when the Supplies and Services involve assets such as copyrights, patents, trademarks, and trade secrets.(c)
Pilot or Experimental Project. Supplies and Services are for the use in such projects, which may include but are not limited to research and economic development projects.(d)
Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.(3)
Market Research. ORS 279B.075 (Sole-source procurements) requires that the Authorized Agency “determines in writing” that the goods or services are “available from only one source.” This means that the Authorized Agency must conduct and document its market research before public notice described in Section (4) or (5).(4)
Contracts up to $150,000. For all Contracts awarded through Sole-Source Procurements over $10,000 and not exceeding $150,000:(6)
Negotiation. According to ORS 279B.075 (Sole-source procurements) and to the extent reasonably practical, the Authorized Agency must negotiate with the sole source to obtain contract terms advantageous to the Authorized Agency.(7)
Protest. An Affected Person may protest the Authorized Agency’s determination that the Supplies and Services or class of Supplies and Services are available from only one source in accordance with OAR 125-247-0710 (Protests and Judicial Review of Sole-Source Procurements).(8)
Brand Name Requirements. If the findings of fact required under this Rule include a specification of a Brand Name, that specification must be in accordance with ORS 279B.215 (Brand name or equal specification) and OAR 125-247-0691 (Brand Name or Equal Specification).(9)
Legal Sufficiency Review. When legal sufficiency review by the Attorney General is required under ORS 291.047 (Public contract approval by Attorney General), the Authorized Agency must seek this approval.
Source:
Rule 125-247-0275 — Sole-Source Procurements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-247-0275.