OAR 259-007-0150
Purchases Through Federal Programs
(1)
The Department of Public Safety Standards and Training (Department) may purchase goods or services under the federal programs identified in ORS 279A.180 (Purchases through federal programs), without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 (Methods of source selection) to 279B.085 (Special procurements), provided that the Department has federal authorization to purchase through the program and follows the procedures set forth in this rule.(2)
The federal programs named in ORS 279A.180 (Purchases through federal programs) are accessible to the Department for purchasing goods or services. The Department hereby makes the determination according to ORS 279A.180 (Purchases through federal programs) that the Local Preparedness Acquisition Act (Public Law 110-248), the GSA Order of 2000, and any subsequent revisions or updating of either of these programs describe other federal programs that, under federal law, are similar to 10 U.S.C. 381 or Section 211 of the Electronic Government Act of 2002 in effectuating or promoting transfers of property to the Department.(3)
To purchase through a federal program, the Department must document the following in the procurement file:(a)
The federal authority for the Department to purchase through the federal program;(b)
The acquisition meets the Department’s needs;(c)
The price and other terms of the acquisition are advantageous to the State;(d)
No other price agreement for the goods or services exists based on the Department’s inquiry through the Oregon Procurement Information Network (ORPIN) or other applicable electronic procurement system;(e)
The Department has considered the acquisition’s impact upon local business as follows:(A)
If the procurement is in excess of $10,000, the Department has given timely notice through ORPIN, or other applicable electronic procurement system, of its needs, reasons, and intent to procure through a federal program;(B)
The Department has provided a reasonable time period under the circumstances for individuals to respond to the notice and send written comments to the Department; and(C)
The Department has considered any comments and replied, if appropriate, before proceeding with its procurement through a federal program. This rule provides for an informal opportunity to comment to and be considered by the Department, instead of the formal notice requirements for solicitations in excess of $10,000 according to ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity).(f)
State and local preference programs, including but not limited to Inmate Labor in accordance with the Oregon Constitution, Article I, Section 41 and Products of Disabled Individuals Program of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 850, are not waived or otherwise adversely affected by an acquisition through a federal program;(g)
The Department has complied with OAR 137-045-0010 (Definitions) to 137-045-0090 (Ratification of Public Contracts), and if it is required, obtained a legal sufficiency review or exemption from the Department of Justice; and(h)
The Department is informed of its federal program’s procurement process, including:(A)
Voluntary and Direct Contract. The Department and contractors participate voluntarily. The contractors make direct deliveries to the Department and retain the right to decline orders on a case-by-case basis, for any reason, within a five-day period of receipt of that order;(B)
Funding Fee. The price of a federal program contract includes a GSA industrial funding fee to cover GSA administrative costs to operate the federal program;(C)
New Contract. When a contractor accepts an order from the Department, a new contract is formed. The contract’s terms and conditions are incorporated by reference; and(D)
Additional Terms and Conditions. The Department may add to its contract such significant, substantial contract terms and conditions as are required by State statutes or rules, if such additions do not conflict with the federal program’s contract terms and conditions. Examples of such terms and conditions include, but are not limited to:(i)
Prompt Payment. The Department may apply the terms and conditions of Oregon’s prompt payment law to its contracts, but if the Department fails to make this addition, then the Department may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq., as implemented at subpart 32.9 of the Federal Acquisition Regulation (FAR);(ii)
Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the federal program’s terms and conditions; and(iii)
Conflict Resolution. The Department may revise the contract’s dispute resolution provision to use alternative dispute resolution to the extent authorized by law.
Source:
Rule 259-007-0150 — Purchases Through Federal Programs, https://secure.sos.state.or.us/oard/view.action?ruleNumber=259-007-0150.