Source Selection Methods
(1)“Buy Decision” means the decision to buy Goods or Services through socio-economic programs, agreements, or the open market.
(2)The Lottery may make its Buy Decision in the priority order set forth in sections (a) through (c) below. If a higher priority source can fulfill the needs of a particular procurement, the Lottery may procure through that higher priority source and may elect not to procure through a lower priority source.
(a)Inmate Labor: Procurements of Goods or Services of Oregon inmates pursuant to the Oregon Constitution, Article I, Section 41.
(b)Price Agreements: This rule applies to Price Agreements that were acquired using a competitive approach equivalent to the source selection methods described in OAR 177-038-0070 (Source Selection Methods)(3). Price Agreements administered by State of Oregon through its Department of Administrative Services, Federal General Service Administration (GSA) federal programs, and Price Agreements entered into and administered as Cooperative Procurements are examples of Price Agreements that may be used by the Lottery. The use of a Price Agreement promotes economy and efficiency through volume and strategic purchases.
(c)Lottery Procurement: Procurements conducted by Lottery pursuant to these Division 38 rules.
(3)If the Lottery determines that it will conduct a procurement to acquire Goods, Services, or both, the Lottery shall Award a Contract for such Goods or Services by one of the following sourcing methods:
(a)Small Procurements: Lottery may Award a Contract for Goods or Services with an estimated Contract Price of $50,000 or less without a competitive process. The Lottery may Award a Contract under this subsection in any manner deemed practical or convenient by the Lottery, including direct selection or Award. A procurement may not be artificially divided or fragmented so as to constitute a Small Procurement under this rule.
(b)Intermediate Procurements: Lottery may Award Contract for Goods or Services with an estimated Contract Price exceeding $50,000 but not in excess of $150,000 after seeking three competitive Offers. The Lottery shall keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Lottery shall make a written record of the effort made to obtain three Offers. If Lottery, in good faith, estimated that the Price resulting from the procurement would be equal to or less than $150,000, and learned thereafter that all of the Offers exceeded $150,000, Lottery may Award a Contract; provided that the Contract Price may not exceed $165,000. A procurement may not be artificially divided or fragmented so as to constitute an Intermediate Procurement under this rule.
Rule 177-038-0070 — Source Selection Methods,