ORS 279A.215
Permissive cooperative procurements


(1)

A contracting agency may establish a contract or price agreement through a permissive cooperative procurement only if:

(a)

The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055 (Competitive sealed bidding) or 279B.060 (Competitive sealed proposals);

(b)

The administering contracting agency’s solicitation and the original contract allow other contracting agencies to establish contracts or price agreements under the terms, conditions and prices of the original contract;

(c)

The contractor agrees to extend the terms, conditions and prices of the original contract to the purchasing contracting agency; and

(d)

No material change is made in the terms, conditions or prices of the contract or price agreement between the contractor and the purchasing contracting agency from the terms, conditions and prices of the original contract between the contractor and the administering contracting agency.

(2)

Intentionally left blank —Ed.

(a)

A purchasing contracting agency shall provide public notice of intent to establish a contract or price agreement through a permissive cooperative procurement if the estimated amount of the procurement exceeds $250,000.

(b)

The notice of intent must include:

(A)

A description of the procurement;

(B)

An estimated amount of the procurement;

(C)

The name of the administering contracting agency; and

(D)

A time, place and date by which comments must be submitted to the purchasing contracting agency regarding the intent to establish a contract or price agreement through a permissive cooperative procurement.

(c)

Public notice of the intent to establish a contract or price agreement through a permissive cooperative procurement must be given in the same manner as provided in ORS 279B.055 (Competitive sealed bidding) (4)(b) and (c).

(d)

Unless otherwise specified in rules adopted under ORS 279A.070 (Rules), the purchasing contracting agency shall give public notice at least seven days before the deadline for submission of comments regarding the intent to establish a contract or price agreement through a permissive cooperative procurement.

(3)

If a purchasing contracting agency is required to provide notice of intent to establish a contract or price agreement through a permissive cooperative procurement under subsection (2) of this section:

(a)

The purchasing contracting agency shall provide vendors who would otherwise be prospective bidders or proposers on the contract or price agreement, if the procurement were competitively procured under ORS chapter 279B, an opportunity to comment on the intent to establish a contract or price agreement through a permissive cooperative procurement.

(b)

Vendors must submit comments within seven days after the notice of intent is published.

(c)

And if the purchasing contracting agency receives comments on the intent to establish a contract or price agreement through a permissive cooperative procurement, before the purchasing contracting agency may establish a contract or price agreement through the permissive cooperative procurement, the purchasing contracting agency shall make a written determination that establishing a contract or price agreement through a permissive cooperative procurement is in the best interest of the purchasing contracting agency. The purchasing contracting agency shall provide a copy of the written determination to any vendor that submitted comments. [2003 c.794 §28]

Source: Section 279A.215 — Permissive cooperative procurements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

279A.005
Short title
279A.010
Definitions for Public Contracting Code
279A.015
Policy
279A.020
Organization of Public Contracting Code
279A.025
Application of Public Contracting Code
279A.030
Federal law prevails in case of conflict
279A.050
Procurement authority
279A.055
Personal services contracts
279A.060
Local contract review boards
279A.065
Model rules generally
279A.070
Rules
279A.075
Delegation
279A.100
Affirmative action
279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own
279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract
279A.110
Discrimination in subcontracting prohibited
279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
279A.120
Preference for Oregon goods and services
279A.125
Preference for recycled materials
279A.128
Preference for goods fabricated or processed within state or services performed within state
279A.130
Preference for exceeding Buy America requirements for transit projects
279A.140
State procurement of goods and services
279A.142
Limitation of competition
279A.145
Recycled product purchasing information
279A.150
Procurement of goods containing recycled polyethylene material
279A.155
State procurement of paper
279A.157
State contracting agency use of contract form, contract template or solicitation template
279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
279A.161
Review and verification of advice and recommendations concerning procurements
279A.165
Report concerning special procurements
279A.167
Certification program for training in pay equity provisions of state law
279A.180
Purchases through federal programs
279A.185
Local contracting agency arrangements for use or disposition of personal property authorized
279A.190
Transfers of fire protection equipment between fire departments
279A.200
Definitions for ORS 279A.200 to 279A.225
279A.205
Cooperative procurements authorized
279A.210
Joint cooperative procurements
279A.215
Permissive cooperative procurements
279A.220
Interstate cooperative procurements
279A.225
Protests and disputes
279A.250
Definitions for ORS 279A.250 to 279A.290
279A.255
Inspection, appraisal and inventory of state property
279A.260
Powers and duties of department
279A.265
Use of Oregon Department of Administrative Services Operating Fund
279A.270
Contracts with federal government for accepting gifts and acquiring surplus property
279A.275
Leasing of state property
279A.280
Disposal of surplus property
279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
279A.290
Miscellaneous receipts accounts
279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
279A.990
Penalties
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