OAR 137-046-0130
Application of the Code and Model Rules; Exceptions
(1)
Except as set forth in this section, a Contracting Agency shall exercise all procurement authority related to Public Contracting in accordance with the Code and the Model Rules.(2)
A Contracting Agency that has specifically opted out of the Model Rules and adopted its own rules of procedure for Public Contracting pursuant to 279A.065 (Model rules generally) in the exercise of its own contracting authority is not subject to these Model Rules, except for those portions of the Model Rules that the Contracting Agency has prescribed for its own use for Public Contracting and except for those portions of the Model Rules pertaining to the procurement of Construction Manager/General Contractor Services under ORS 279A.065 (Model rules generally)(3), where the Contracting Agency is not permitted to opt out of the Model Rules.(3)
Contracts or classes of Contracts for Personal Services of a Local Contracting Agency designated as such by the Local Contracting Agency’s Local Contract Review Board pursuant to ORS 279A.055 (Personal services contracts), are not subject to these Model Rules, unless the Local Contracting Agency adopts OAR 137-047-0250 (Source Selection) through 137-047-0290 (Cooperative Procurements) as the procedures the Local Contracting Agency will use to screen and select persons to perform Contracts for Personal Services other than Architectural, Engineering and Surveying Services and Related Services.(4)
These Model Rules do not apply to the Contracts or the classes of Contracts described in ORS 279A.025 (Application of Public Contracting Code)(2).(5)
These Model Rules do not apply to the contracting activities of the public bodies listed in ORS 279A.025 (Application of Public Contracting Code)(3).(6)
Contracting Agencies otherwise subject to the Code and these Model Rules may enter into Contracts for Goods or Services with non-profit agencies providing employment opportunities for individuals with disabilities pursuant 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) without following the source selection procedures set forth in either 279A.200 (Definitions for ORS 279A.200 to 279A.225) through 279A.225 (Protests and disputes), or 279B.050 (Methods of source selection) through 279B.085 (Special procurements). However, Contracting Agencies must enter into such Contracts in accordance with administrative rules promulgated by the Department.
Source:
Rule 137-046-0130 — Application of the Code and Model Rules; Exceptions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-046-0130.