Or. Admin. R. 943-060-0090

Current through Register Vol. 63, No. 8, August 1, 2024

Section 943-060-0090 - Buy Decision

(1) "Buy decision" means the decision to buy goods and services through socio-economic programs, agreements, or the open market.

(2) The Authority shall make its buy decision in the priority order set forth in sections (a) through (d). If a higher priority source satisfies a procurement, the Authority shall procure through that higher priority source and shall not elect to procure through a lower priority source.

(a) Surplus property. Promotes the efficient use of existing resources (OAR 125-050-0100 to 125-050-0400).

(b) Qualified rehabilitation facilities (QRFs). Assists individuals with disabilities through gainful employment (ORS 279.835 to 279.855 and OAR 125-055-0005 to 125-055-0045).

(c) Inmate labor (Oregon Constitution, Article I, section 41).

(d) Statewide price agreements. Promotes economy and efficiency through volume and strategic purchases.

(3) Section (2) of this rule does not apply to ORS 190 agreements that promote the use of existing state resources, including an interagency agreement, intergovernmental agreement, interstate agreement, international agreement, or tribal agreement. The Authority may elect to use an ORS 190 agreement at any time.

(4) If sections (2) and (3) of this rule do not apply, the Authority may procure goods and services through the open market, using the methods provided under the public contracting code, related rules, and policies.

(5) The Authority shall award a contract for goods and services by one of the following seven sourcing methods in accordance with the public procurement code and related rules:

(a) Competitive sealed bidding under ORS 279B.055;

(b) Competitive sealed proposals under ORS 279B.060;

(c) Small procurement under ORS 279B.065;

(d) Intermediate procurement under ORS 279B.070;

(e) Sole-source procurement under ORS 279B.075;

(f) Emergency procurement under ORS 279B.080; or

(g) Special procurement under ORS 279B.085.

Or. Admin. R. 943-060-0090

OHA 5-2012, f. & cert. ef. 8-1-12

Stat. Auth.: ORS 179.040, 279A.065, 279A.070, 413.033 & 413.042

Stats. Implemented: ORS 279B.050