Or. Admin. R. 125-246-0165
Current through Register Vol. 63, No. 8, August 1, 2024
Section 125-246-0165 - Delegation Policy and Procedures(1) Generally. (a) Purpose. This Rule describes the policy and procedures related to the delegation of Authority under OAR 125-246-0170, including but not limited to:(B) Individual Representation;(C) Forms of Delegations and Revocations of Authority;(D) Changes in Individual Representation;(E) Procedural Requirements;(b) This Rule applies to all delegations and sub-delegations of Authority (collectively, Delegations), modifications of Delegations, and revocations of Delegations under OAR 125-246-0170. This Rule does not delegate Authority. All delegations of Authority under the Rules are found solely in 125-246-0170.(2) Policy of the Code. The policy of the Code is to clarify responsibilities, instill public confidence, promote efficient use of resources, implement socioeconomic programs, allow meaningful competition, and provide a structure that supports evolving procurement methods, according to ORS 279A.015. These Rules support this policy of the Code.(3) Individual Representation. Public Contracting may be delegated only to an individual, representing the State's interests. Authority under these Rules may be delegated only to individuals acting on behalf of the Agencies and in accordance with this Rule, and OAR 125-246-0170(2)(a)(A). All individual delegatees must hold and use this Authority within the scope of their employment by the Agency and act on behalf of the Agency as the Agency's representative. Sub-delegations may be in whole or in part according to ORS 279A.075. Any individual may decline a sub-delegation in whole or in part. A delegator or delegatee may also be referred to in this Rule as an "Authorized Individual."(4) Forms of Delegations and Revocations of Authority. ORS 279A.075 provides that the exercise of all authorities in the Code may be delegated and sub-delegated in whole or in part. The form of a Delegation or revocation of Authority by an Authorized Individual may be by:(a) OAR 125-246-0170 by the Director of the Department;(b) A Written external or internal policy by an authorized delegator or revoker;(c) An Interagency Agreement, signed by the State Chief Procurement Officer and the Authorized Agency; or(d) A letter or memorandum signed by an authorized delegator or revoker.(5) Changes in Individual Representation. If an Agency determines that an Authorized Individual has ceased to represent that Agency for Procurement (Absent Individual), then: (a) The Authority of the Absent Individual automatically reverts back to the individual who originally delegated the Authority to the Absent Individual. The Agency must determine who receives the reverted Authority in accordance with this Rule. If the Absent Individual is a head of an Agency or Designated Procurement Officer, the delegator of Authority to that individual must notify the State Chief Procurement Officer within thirty (30) days after the change in representation.(b) Sub-delegations, if any, by an Absent Individual remain in effect unless and until the Authority of any sub-delegatees is modified or revoked by an Authorized Individual.(6) Procedural Requirements. (a) Compliance. Authorized Agencies must maintain good contracting procedures in accordance with the Public Contracting Code, related Rules and policies of the Department. Delegation of Authority does not exempt anyone from the requirements of the Public Contracting Code, related Rules, and policies of the Department. Any individual receiving delegated Authority is responsible for following the Public Contracting Code, related Rules, and policies of the Department.(b) Modifications or Revocations. (A) Authority. Subject to the conditions of Subsection (ii) below, a Delegation may be modified or revoked by: (i) The Director of the Department,(ii) The State Chief Procurement Officer in accordance with OAR 125-246-0170(3)(b)(D) and 125-246-0170(3)(d)(J), or(iii) The original authorized delegator or successor of this delegator who made this Delegation being modified or revoked.(B) Conditions.(i) This modification or revocation of a Delegation must be in Writing;(ii) The delegatee must receive reasonable notice of the modification or revocation of the Delegation; and(iii) This modification or revocation of a Delegation must be based upon a determination.(c) Maintenance of Documents. The Authorized Agency must maintain copies of letters, memoranda, or agreements granting a Delegation.(7) Signature. When an Authorized Agency has delegated Authority according to OAR 125-246-0170, the Authorized Agency's signature constitutes both the execution and approval of the Contract, except as provided in 125-246-0170(2)(a)(B)(i).(8) Commitment of Funds. ORS 291 and 293, together with the policies of the State Controller's Division of the Department, provide for public financial administration, including: appropriations, allotments by the Department, and an individual's authority to commit or encumber funds, financially obligate the Agency, and decide to expend funds. This type of authority may be referred to as commitment, expenditure, obligation, expenditure decision or signature authority (collectively, Commitment of Funds).(9) Requests for Delegations. Any Agency may submit a delegation request through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer to the State Chief Procurement Officer for Authority in accordance with the Public Contracting Code, this Rule, and any related policy of the Department. All requested Delegations must be approved in Writing by the State Chief Procurement Officer and based upon a consideration of relevant criteria as follows: (a) The nature of the Supplies and Services to be provided;(b) Resources of the Agency requesting the delegation, including trained and qualified contract officers and staff, the Agency's experience and expertise, staff time available, and the degree of economy and efficiency to be achieved in meeting the state's requirements if Authority is delegated;(c) The Agency's Procurement and public contracting past performance;(d) Department's resources to exercise the Authority if it is not delegated; and(e) Value added by the Agency if the Authority is delegated.(10) Revocation of Delegations. The State Chief Procurement Officer may revoke any delegation issued under section (9) of this Rule at any time by Written notice to the Designated Procurement Officer of the Agency, as defined in OAR 125-246-0170, based upon, but not limited to any of the following:(a) Failure to comply with the requirements of the delegation;(b) Failure to comply with the requirements of OAR 125-246-0170(2)(a)(A)(c) Deficiencies evidenced by performance audits performed by the Department, the Secretary of State, or the Legislative Assembly;(d) Failure to comply with the Department training requirements to obtain an Oregon Procurement Certification, or specific training described in the delegation;(e) Lack of adequate experience in terms of procurement knowledge and any specialized knowledge pertinent to the Authority delegated;(f) The available resources of the Department to conduct the purchasing activities if Authority is revoked; and(g) The degree of economy and efficiency to be achieved in meeting the state's requirements if Authority is revoked.(11) Return of Delegations from Agencies to the State Chief Procurement Officer. If an Agency needs assistance, an Agency may request that the State Chief Procurement Officer reclaim the Authority previously delegated to the Agency. With sole discretion, the State Chief Procurement Officer may accept the reclamation request for assistance according to the responsibilities, resources, and needs of the Department and the Agency.Or. Admin. R. 125-246-0165
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10; DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12; DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14; DAS 3-2014, f. 12-29-14, cert. ef. 1/1/2015; DAS 2-2016, f. 12-22-16, cert. ef. 1/1/2017; DAS 3-2018, amend filed 12/14/2018, effective 1/1/2019; DAS 3-2019, amend filed 12/23/2019, effective 1/1/2020; DAS 6-2022, temporary amend filed 11/07/2022, effective 11/7/2022 through 5/5/2023; DAS 1-2023, amend filed 04/11/2023, effective 5/1/2023Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.075 & 279A.140