OAR 813-006-0040
Discretionary Action


(1)

As it deems necessary or appropriate for its purposes, the Department may waive or deviate from the foregoing provisions of this Division to the extent the Department’s statutory authority to employ its own procurement and contracting procedures allow. Factors that the Ddepartment may consider in waiving or deviating from such provision or in determining what other procurement or contracting procedures it will apply in a particular circumstance may include, but are not limited to:

(a)

Serving program or other Department purposes;

(b)

Collaborating with reputable and effective partners;

(c)

Leveraging past resources, experience, or services;

(d)

Efficiently and effectively using department resources;

(e)

Addressing exigent or unusual circumstances;

(f)

Advancing the department or maintenance of safe, sanitary, and affordable housing;

(g)

Advancing the delivery and effectiveness or community services;

(h)

Building or sustaining the capacity of department partners;

(i)

Promoting the coordination of relevant skills, resources, and efforts;

(j)

Educating persons and entities concerning housing and community services needs and opportunities; and

(k)

Ensuring compliance with department or other applicable standards.

(2)

Included within this authority to waive or deviate from such procedures, or to apply other procurement or contracting procedures in particular circumstances, the Department may amend an existing contract without additional competition, inter alia, to extend its term, to modify the compensation, to delete services, or to add any services or goods within the scope of the relevant procurement provided the amendment, in the Department’s determination, is consistent with relevant factors identified in the subsection or consistent with factors otherwise relevant to such action.

Source: Rule 813-006-0040 — Discretionary Action, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=813-006-0040.

Last Updated

Jun. 8, 2021

Rule 813-006-0040’s source at or​.us