The DPO may approve or deny special procurement requests submitted on the designated form. The special procurement request shall identify whether it is for one or more particular contracts or class of contracts. A request for a special procurement concerns the procurement process only.
Special procurement requests shall contain the following:
Reasons why the Authority has elected to use a special procurement and how it will benefit the Authority or the public.
Findings, market research, or other documentation that the special procurement:
Is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and
Is reasonably expected to result in substantial cost savings to the Authority or to the public; or
The alternative process designed by the Authority shall include a description of the goods and services that are the subject of the special procurement and a procurement process, including provisions for amendment and criteria for selection.
The DPO may require any additional information the DPO determines reasonably necessary to evaluate the Authority’s request for approval of a special procurement.
The special procurement approval is effective only after the DPO’s approval of the findings and completion of the public notice required under section (5) of this rule.
The public notice process and requirements are as follows:
The Authority shall give public notice of the approval of its special procurement as required under ORS 279B.085 (Special procurements)(5), unless otherwise directed by the DPO, in one or more, or in any combination of, the following manners:
Publish notice on the Department of Administrative Services’s electronic procurement system (ORPIN);
Place notice on any Authority electronic procurement system which it may establish and maintain;
Place notice in a newspaper or trade journal of general circulation in the area where the work is to be performed; or
Give direct written or electronic notice to potential providers known to the Authority.
The public notice shall describe the goods and services or class of goods and services to be acquired through the special procurement.
Public notice of the approval of the proposed special procurement shall be given at least seven days before the award, unless fewer days are specified in the notice.
The Authority may request certain information be withheld from the public notice requirement of this rule in cases where confidentiality or security may be jeopardized only according to exception under the public records law (ORS 192.410 to 192.505).
Any solicitation or contract resulting from a special procurement approval shall contain a reference to the approved special procurement number.
If the DPO provides written approval of the proposed special procurement, the Authority shall award any contract under the special procurement in accordance with the conditions of the approval and any subsequent amendments to the approval. The approval may include conditions, including but not limited to expiration, public notice, and dollar limitations, and may be revoked at any time by the DPO.
If the Authority intends to award a contract through a special procurement that calls for competition among prospective contractors, the Authority shall award the contract to the offeror the Authority determines to be the most advantageous to the Authority.
The Authority shall comply with Oregon Laws 2012, chapter 53, section 4, including but not limited to: