ORS 279.845
Duties of Oregon Department of Administrative Services

  • prices for products and services of nonprofit agency for individuals with disabilities
  • sources of products and services
  • rules

(1)

It is the duty of the Oregon Department of Administrative Services to:

(a)

Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities. The price shall recover the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement;

(b)

To revise such prices from time to time in accordance with changing cost factors;

(c)

To make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), 279A.025 (Application of Public Contracting Code) (4) and 279C.335 (Competitive bidding requirement); and

(d)

To promote the requirements under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services).

(2)

The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency that the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), 279A.025 (Application of Public Contracting Code) (4) and 279C.335 (Competitive bidding requirement). This procurement list and revisions thereof shall be distributed to all public purchasing officers.

(3)

The department may not delegate any duty imposed under this section to any person or public agency outside of the department. [1977 c.304 §4; 1989 c.224 §44; 2003 c.794 §229d; 2007 c.70 §64; 2019 c.371 §6]

Source: Section 279.845 — Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279.­html.

Notes of Decisions

Department of Administrative Services may use contested case proceeding process to determine prices for products or services offered by qualified nonprofit agency. BWK, Inc. v. Department of Administrative Services, 231 Or App 214, 218 P3d 156 (2009), Sup Ct review denied

Department of Administrative Services “determines” price for product or service when department accepts price that is proposed by qualified nonprofit agency. BWK, Inc. v. Department of Administrative Services, 231 Or App 214, 218 P3d 156 (2009), Sup Ct review denied

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