Or. Admin. Code § 414-070-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-070-0010 - Delegation of Authority

(1) Generally.

(a) Purpose. This rule delegates the procurement Authority of the Department (Authority). Only this rule delegates this Authority.

(b) Authority of the Department. The Department is specifically authorized by ORS 279A.050 to enter into a contract.

(c) Authority of the Director. According to ORS 279A.140, the Department must conduct all Procurements, including Contract Administration, for the Department pursuant to its Authority under ORS 279A.050. Other Sections of the Code authorize specific actions by the Director of the Department. According to ORS 279A.050(1) and (2), this Authority of the Department vests only in the Director of the Department. The Director is ultimately responsible for the Procurement of the Department.

(2) Delegation to Individuals in the Department.

(a) The Director of the Department delegates Authority to the Designated Procurement Director of the Department. The Designated Procurement Director of the Department may subdelegate the Authority to execute Contracts, as described in subsection (2)(b)(F), to other individuals within their respective Department Agency, provided this subdelegation is in accordance with a Written alternative subdelegation plan, maintained on file with the Department's Designated Procurement Director. Each individual in this chain of delegation remains responsible for the exercise of Authority by that individual's subdelegatees, and subdelegation does not waive this responsibility.

(b) Duties and Responsibilities of Designated Procurement Director. The Authority, duties and responsibilities of the Designated Procurement Director, according to (2)(a)(A), are as follows:

(A) Serve as the exclusive supervisor and manager of the Department's Procurement system;

(B) Conduct, supervise and manage the Procurement and the Procurement Process for the Department in accordance with the Code and these Rules, except for those Procurements conducted by a delegatee to whom the Designated Procurement DirectorDirector has delegated Authority;

(C) Prepare or monitor the use of Specifications or statements of work for all Procurements of the Department;

(D) Issue Solicitations and implement other non-Solicitation methods for all Procurements of the Department in accordance with the Code and these rules;

(E) Award Contracts only as authorized in accordance with this rule;

(F) Execute Contracts, which means causing the signing of Contracts and performance of all necessary formalities to bring the Contracts into their final, legally enforceable forms. If the Designated Procurement Director is unable to make a Commitment of Funds as described in OAR 414-070-0010 then the head of the Department may follow an alternative subdelegation plan in accordance with Subsection (2)(a)(B)(i).

(G) Comply with the reporting requirements and the training and certification requirements of the Code, these rules, and Department policies;

(H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contracts, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Monitoring Contract development, awards, and compliance applies to all Delegations;

(I) Based upon the monitoring described in subsection (2)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing; and

(J) Conduct Cost Analyses, approve Feasibility Determinations and Exceptions, and otherwise comply with

(c) Delegation by Rule Based Upon Thresholds. By this rule, the Director of the Department delegates Authority, to the Department's procurement staff subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration:

(A) Small Procurements of Supplies and Services up to and including the Threshold of $25,000, according to ORS 279B.065 and related rules;

(B) Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from these Procurements, according to ORS 279B.070 and any related policy;

(C) Informal Selection Procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to ORS 279C.110 provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(D) Competitive Quotes for Public Improvements estimated not to exceed $100,000, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(E) Competitively Sealed Bidding not exceeding $250,000 and according to 137-047-0255;

(F) Competitively Sealed Proposals not exceeding $250,000 and according to 137-017-0260;

(G) Sole-Source Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR 414-070-0340;

(H) Special Procurements in accordance with OAR 137-047-0285 not exceeding $250,000. This is the Authority to use the Special Procurement. Approval of the Special Procurement method must be requested from the State Chief Procurement Officer pursuant to OAR 125-247-0287.

(I) Contract Administration as follows:

(i) For Contracts and Ordering Instruments authorized according to this section (2)(c) and (d), the Contract Administration of these Public Contracts and Ordering Instruments, including but not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s); but excluding the Contract Administration described in Subsection (v) below;

(ii) The daily or routine Contract Administration of Ordering Instruments placed against Department of Administrative Services Price Agreements and Contracts procured by the Department. This daily or routine Contract Administration includes but is not limited to: appropriate payment approvals, ordering in accordance with the terms of Department of Administrative Services Price Agreements, and the oversight of the Provider(s);

(iii) Activities specified in Writing by the Department's Designated Procurement Director or delegatee;

(iv) Activities specified in a related policy of the Department; and

(v) Despite subsection (2)(c)(L)(i) through (iv) above, this Delegation by subsection (2)(c)(L) does not include:

(I) The Contract Administration of Department of Administrative Services Price Agreements; or

(II) For Contracts procured by the Department of Administrative Services on behalf of the Department, Amendments when the amended value of Contract exceeds $250,000; and terminations of such Contracts when the amended value of such Contract exceeds $250,000.

(vi) A statewide Department of Administrative Services Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement.

(d) Delegation by rule Based Upon Type. By this rule, the Director of the Department delegates Authority to the Department's procurement staff subject to section (2)(a) and (B), for the following Procurements, including Contract Administration:

(A) Emergency Procurements, in accordance with ORS 279B.080, 279C.335(5), 137-047-0280, or related rules;

(B) One-time, nonrepetitive Joint Cooperative Procurements in accordance with 137-046-0430 provided that:

(i) No such Procurement results in a Permissive Cooperative Procurement that is open to any Department outside of those Departments jointly named in the original Procurement;

(ii) No such Procurement of Supplies and Services exceeds the Threshold of $250,000, including all Amendments, according to 137-047-0800;

(iii) The Department must follow any related policy of the Department of Administrative Services.

(C) Federal program Procurements not exceeding $250,000 or according to a delegation agreement with the State Chief Procurement Officer, and in accordance with ORS 279A.180 and related rules;

(D) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691; and

(E) Brand Name Specification Determinations for Sole Source Procurements not exceeding $250,000 and according to OAR 414-070-0350.

(F) Buy Decision in accordance with OAR 414-070-0200. The Department's delegated Authority to use each Priority Source in the Buy Decision is not to exceed $250,000.

(G) Maintain a file of Written subdelegation Authority granted and revoked under these Rules in accordance with the law;

(H) Provide guidance and leadership on Procurement matters to Agencies and their employees;

(I) Establish standards of required education, training, or experience and provide training and instruction opportunities to assure Department staff and Agency staff are equipped with necessary knowledge and skills to comply with requirements of the Public Contracting Code, Rules, and Department policy related to Procurement;

(J) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contract, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Report these matters to the Authorized Agency and Director as appropriate. Monitoring Contract development, awards, and compliance applies to all Delegations;

(K) Based upon monitoring described in subsection (3)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing.

(L) Appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition according to ORS 279A.015.

Or. Admin. Code § 414-070-0010

DELC 132-2024, adopt filed 06/26/2024, effective 7/1/2024

Statutory/Other Authority: ORS 279A.050, ORS 279A.140 & ORS 279A.075

Statutes/Other Implemented: ORS 279A.050, ORS 279A.140 & ORS 279A.075