ORS 279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible

  • exemptions
  • analysis for procurement related to information technology
  • rules

(1)

Except as provided in ORS 279B.036 (Determination of feasibility of procurement), before conducting a procurement for services with an estimated contract price that exceeds $250,000, a contracting agency shall:

(a)

Demonstrate, by means of a written cost analysis in accordance with ORS 279B.033 (Contents of cost analysis), that the contracting agency would incur less cost in conducting the procurement than in performing the services with the contracting agency’s own personnel and resources; or

(b)

Demonstrate, in accordance with ORS 279B.036 (Determination of feasibility of procurement), that performing the services with the contracting agency’s own personnel and resources is not feasible.

(2)

If a local contracting agency authorizes a department, bureau, office or other subdivision of the local contracting agency to conduct a procurement on behalf of another department, bureau, office or subdivision of the local contracting agency, the department, bureau, office or subdivision on whose behalf the procurement is conducted shall comply with the requirement set forth in subsection (1) of this section.

(3)

Subsection (1) of this section does not apply to:

(a)

A local contracting agency or a local contract review board for a city that has a population of not more than 15,000 or a county that has a population of not more than 30,000;

(b)

A community college that enrolls not more than 1,000 full-time equivalent students, as defined in ORS 341.005 (Definitions for chapter);

(c)

A special district, as defined in ORS 198.010 (“District” defined for chapter), a diking district formed under ORS chapter 551 and a soil and water conservation district organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map);

(d)

The Port of Portland; or

(e)

Procurements for client services the definition and scope of which the Oregon Department of Administrative Services specifies by rule.
(4)(a)(A) A state contracting agency that conducts a cost analysis in accordance with ORS 279B.033 (Contents of cost analysis) or makes a determination under ORS 279B.036 (Determination of feasibility of procurement) in connection with a procurement for services related to information technology, as defined in ORS 291.045 (Definitions for ORS 291.045 and 291.047), shall provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the state contracting agency prepared under ORS 279B.033 (Contents of cost analysis) or the final determination the state contracting agency made under ORS 279B.036 (Determination of feasibility of procurement).

(B)

The requirement to provide the materials described in subparagraph (A) of this paragraph to the State Chief Information Officer does not apply to the Secretary of State or the State Treasurer.

(b)

The Legislative Fiscal Office may provide materials the office receives under paragraph (a) of this subsection to a committee of the Legislative Assembly or to the Emergency Board in accordance with policies the office develops.

(c)

The State Chief Information Officer shall adopt rules and develop policies for incorporating materials the State Chief Information Officer receives under paragraph (a) of this subsection into the oversight functions that the State Chief Information Officer exercises under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) and the planning functions that the State Chief Information Officer exercises under ORS 276A.233 (Information technology portfolio-based management) and 276A.236 (Enterprise information resources management). [2009 c.880 §2; 2016 c.16 §1]

Source: Section 279B.030 — Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible; exemptions; analysis for procurement related to information technology; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html.

279B.005
Definitions
279B.010
Policy
279B.015
Applicability
279B.020
Maximum hours of labor on public contracts
279B.025
Procurement practices regarding recyclable and reusable goods
279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible
279B.033
Contents of cost analysis
279B.036
Determination of feasibility of procurement
279B.040
Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents
279B.045
Contractor warranty and covenant concerning tax law compliance
279B.050
Methods of source selection
279B.055
Competitive sealed bidding
279B.060
Competitive sealed proposals
279B.065
Small procurements
279B.070
Intermediate procurements
279B.075
Sole-source procurements
279B.080
Emergency procurements
279B.085
Special procurements
279B.100
Cancellation, rejection, delay of invitations for bids or requests for proposals
279B.110
Responsibility of bidders and proposers
279B.112
Personnel deployment disclosure
279B.115
Qualified products lists
279B.120
Prequalification of prospective bidders and proposers
279B.125
Application for prequalification
279B.130
Debarment of prospective bidders and proposers
279B.135
Notice of intent to award
279B.140
Price agreements
279B.145
Finality of determinations
279B.200
Definitions for ORS 279B.200 to 279B.240
279B.205
Specifications to encourage reasonable competition
279B.210
Policy
279B.215
Brand name or equal specification
279B.220
Conditions concerning payment, contributions, liens, withholding
279B.225
Condition concerning salvaging, recycling, composting or mulching yard waste material
279B.230
Condition concerning payment for medical care and providing workers’ compensation
279B.235
Condition concerning hours of labor
279B.240
Exclusion of recycled oils prohibited
279B.270
State contracting agencies to use recovered resources and recycled materials
279B.275
Purchase of goods containing recycled polyethylene material
279B.280
Use of recycled products when economically feasible
279B.283
Condition concerning use of conflict minerals
279B.400
Protests and judicial review of approvals of special procurements
279B.405
Protests and judicial review of solicitations
279B.410
Protests of contract award
279B.415
Judicial review of protests of contract award
279B.420
Judicial review of other violations
279B.425
Review of prequalification and debarment decisions
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