Public Contracting - General Provisions
State procurement of goods and services
(1)The Oregon Department of Administrative Services shall conduct all procurements and administer the contracting for goods, services and personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, for state agencies unless a state agency is specifically authorized by ORS 279A.050 (Procurement authority) or provisions of law other than the Public Contracting Code to enter into a contract. The authority described in this subsection may be delegated in whole or in part in accordance with ORS 279A.075 (Delegation).
(2)The following requirements and procedures apply to all contracts of state agencies:
(a)A personal services contract is not valid or effective without the written approval of the department unless:
(A)The contract is authorized under ORS 279A.050 (Procurement authority); or
(B)The department has delegated authority to the contracting agency under ORS 279A.075 (Delegation) to make the personal services contract.
(b)Neither the department nor a state agency may approve a contract before the contract has been reviewed for legal sufficiency and approved by the Attorney General, if the review and approval are required under ORS 291.047 (Public contract approval by Attorney General) or 291.049 (Ratification of public contract when performance begun prior to contract approval).
(c)Unless otherwise provided by law, the department or a state agency may enter into a public contract for any period of time, provided that the term of the contract and conditions of renewal or extension are included in the solicitation. Contracting agencies may stipulate in contracts for goods or services that any payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for the obligations. A contract for goods or services subject to this section may not be construed as violating any applicable debt limitation or limitation on a contracting agency’s expenditure authority.
(d)When funds are not appropriated or otherwise made available to support continuation of the department’s or a state agency’s performance of a contract in a subsequent fiscal period, the department or state agency may cancel the contract and reimburse the contractor for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the goods or services delivered under the contract. The department or state agency may pay the reimbursement only from any appropriations or funds then lawfully available for such purposes.
(e)Except as otherwise provided in this chapter, a contract of a state agency will be deemed by the department to have been executed only when all requisite approvals have been obtained.
(f)Any procurement or contract by the department for a state agency must, when required by rules adopted by the department under ORS 279A.070 (Rules), be made on the basis of a requisition by the state agency.
(g)The department may use moneys from the Oregon Department of Administrative Services Operating Fund to procure goods, services and personal services for the purpose of supplying requirements of state agencies, the cost of which shall be reimbursed to the fund from charges paid by state agencies on the basis of actual usage. Administrative costs incurred in the operation of the fund may be paid from the fund and the amount of such costs shall be added to the cost of the goods, services and personal services as charged to the state agencies.
(h)The department shall adopt rules necessary to implement the provisions of this subsection, including but not limited to rules establishing:
(A)A reporting system for personal service contracts, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services contracts and related services contracts, that includes the following:
(i)A state agency shall submit to the department personal services contract information as directed by the department. A state agency shall file with the department a copy of each personal services contract entered into by the state agency, including appropriate documentation as required by the department. Whenever a state agency pays more in a calendar year under a personal services contract for services historically performed by state employees than the agency would have paid to the agency’s employees performing the same work, the agency shall so report to the department and include in the report a statement of justification for the greater costs.
(ii)The department shall keep the copy of the contract and the department’s documentation on file for three years, after which the department may destroy the file. The department shall maintain a system for filing copies of personal services contracts and documentation submitted to the department under this paragraph. The department shall submit a biennial report to the Legislative Assembly concerning the use of personal services contracts by state agencies. The report must specify the name of each state agency, the amount paid under each personal services contract entered into by the agency, the name of the contractor, the duration of the contract and the contract’s basic purpose. The report must also include the total dollar figure of all personal services contracts for each year of the preceding biennium.
(B)Procedures for the evaluation and award of personal services contracts when the department authorizes a state agency to contract directly for personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, in accordance with ORS 279B.050 (Methods of source selection) or 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency).
(3)The department shall notify all state agencies of the requirements of this section. [2003 c.794 §18; 2011 c.458 §11]
Notes of Decisions
Under Former Similar Statute (Ors 279.712)
Course of dealing could not be asserted against state where prior actions in course of dealing conflicted with statutory requirements. Wegroup PC v. State of Oregon, 131 Or App 346, 885 P2d 709 (1994)
Atty. Gen. Opinions
Under Former Similar Statute (Ors 279.712)
Uniform transportation voucher program, (1976) Vol 37, p 1480; authority of Military Department to contract for architectural services, (1976) Vol 38, p 129; Military Department's utilization of General Services Department in obtaining food concession contracts for armories, (1977) Vol 38, p 1010