Current through 2024 Regular Session legislation effective June 6, 2024
Section 279B.070 - Intermediate procurements(1) A contracting agency may award a public contract for goods or services that exceeds a contract price of $25,000, but does not exceed a contract price of $250,000, as provided in subsection (4) of this section. A contract awarded under this section may be amended to exceed $250,000 only in accordance with rules adopted under ORS 279A.065.(2) A state contracting agency that awards a public contract with a contract price of $10,000 or more using a method permitted under this section shall document in the state contracting agency's procurement file the actions the state contracting agency takes to: (a) Comply with ORS 200.035; and(b) Invite to participate in the procurement qualified businesses or enterprises that the Certification Office for Business Inclusion and Diversity certifies under ORS 200.055.(3) A contracting agency may not artificially divide or fragment a procurement so as to constitute an intermediate procurement under this section.(4) When conducting an intermediate procurement, a contracting agency shall seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors. The contracting agency shall keep a written record of the sources of the quotes or proposals received. If three quotes or proposals are not reasonably available, fewer will suffice, but the contracting agency shall make a written record of the effort the contracting agency makes to obtain the quotes or proposals.(5) If a contracting agency awards a public contract, the contracting agency shall award the public contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110.Amended by 2023 Ch. 127, § 2, eff. 9/24/2023, op. 1/1/2024.Amended by 2013 Ch. 66, § 2, eff. 1/1/2014.