OAR 167-001-0360: Purchases Through Federal Programs

(1) The Secretary may purchase supplies and services under the Federal Programs identified in ORS 279A.180, without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided that the Secretary has federal authorization to purchase through the program. (2) To purchase through a Federal Program, the Secretary must document in its contract file that: (a) The acquisition meets the Secretary’s requirements; (b) The price and other terms of the acquisition are advantageous to the Secretary; (c) No other DAS price agreement for the supply or services exists, based upon the Secretary’s review of the contracts on ORPIN; (d) Preference programs, including but not limited to the Inmate Work Program of ORS 279A.025(2)(i); (e) The Secretary may add to its contract such contract terms and conditions as are required by State statute or rules, if such additions do not conflict with the Federal Program’s contract terms and conditions, including but not limited to prompt payment requirements, additional commercial terms, and conflict resolution.