Or. Admin. Code § 820-001-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 820-001-0030 - Purchasing and Contracting

(1) The Agency may award a procurement of goods or services, including personal services of persons who are not registrants of the Board, in any manner the Agency deems practical or convenient, including by direct selection or award if:

(a) The amount of the procurement does not exceed $15,000; or

(b) The amount of the procurement does not exceed $35,000 and corresponds to an appropriate line item in the approved biennial budget.

(2) The Agency may, with Board approval, award a procurement of goods or services, including personal services of persons who are not registrants of the Board, that exceeds the provisions in section (1) of this rule, but does not exceed $150,000 after seeking at least three informally solicited competitive price quotes or competitive proposals from prospective contractors, if three quotes or proposals are reasonably available. The Agency shall keep a written record of the quotes or proposals received, and of the Agency's effort to obtain quotes or proposals when three quotes or proposals are not reasonably available.

(3) The Agency shall solicit and may award a contract by requesting and evaluating competitive proposals for procurement of goods or services that exceed $150,000, including personal services of persons who are not registrants of the Agency, only with Board approval.

(4) Any request for proposals issued under subsection (3) of this rule shall:

(a) Specify a time and date by which proposals must be received, the Agency contact person for the proposals, and a place at which the proposals must be submitted, which may include an Agency electronic mail address;

(b) Describe the procurement, including a statement of work for the procurement and any prerequisites the contractor must meet;

(c) Include all contractual terms;

(d) State that the Agency may cancel the procurement or reject all proposals; and

(e) Announce the method the Agency will use to select the contractor and describe the manner in which the Agency will evaluate the proposals, which may include an award based solely on the ranking of proposals, discussions leading to best and final offers, serial negotiations, and competitive simultaneous negotiations.

(5) The Board shall give public notice of any request for proposal issued under subsection (3) of this rule. A public notice must be published electronically on the Board's website, and may be published in additional venues at the discretion of the Board or Administrator.

(6) The Agency shall keep a written record of the proposals received under subsection (3) of this rule.

(7) Notwithstanding sections (2) to (6) of this rule, the Agency may, with Board approval, solicit and award any contract for information technology personal services or information technology goods requiring professional services to install or use, regardless of the amount of the award:

(a) In consultation with and under the oversight of the office of the Oregon State Chief Information Officer (CIO);

(b) In compliance with the CIO's rules, policies, and standards for budgeting, planning, acquiring, installing, operating and overseeing information technology; and

(c) With the CIO's oversight of information technology procurements, as set forth in ORS 279A.050(7).

(8) For personal services consultant contracts with registered professional engineers, registered professional land surveyors, registered professional photogrammetrists, and certified water right examiners, the Agency may:

(a) Award a procurement of services that does not exceed $25,000 in any manner the Agency deems practical or convenient, including by direct selection or award, so long as subsections (8)(b) and (c) of this rule are followed.

(b) Select consultants to provide engineering, land surveying, photogrammetric mapping, or water right examination services on the basis of the consultants' qualifications for the type of professional service required;

(c) Solicit or use pricing policies and proposals or other pricing information, including the number of hours proposed for the service required, expenses, hourly rates and overhead, to determine consultant compensation only after the Agency has selected a candidate pursuant to subsection (8)(b) of this rule.

Or. Admin. Code § 820-001-0030

BEELS 3-2014, f. & cert. ef. 7-16-14; BEELS 1-2019, temporary amend filed 01/03/2019, effective 01/03/2019 through 05/31/2019; BEELS 3-2020, temporary amend filed 05/29/2020, effective 05/29/2020 through 11/24/2020; BEELS 4-2021, amend filed 05/11/2021, effective 5/11/2021; BEELS 2-2024, amend filed 05/14/2024, effective 5/14/2024

Statutory/Other Authority: ORS 670.310 & 672.255

Statutes/Other Implemented: ORS 672.002 - 672.325