OAR 170-002-0105: Authority and Applicability of the Public Contracting Code

(1) Procurements and the resulting Contracts are Exempt, except for the Procurement of, and Contracts for, the Goods and Services as described in paragraph 2 of this rule. (2) Goods and Services that are not Exempt and are subject to the Procurement methods required under ORS chapter 279B generally are: (a) Services that do not require personalized or specialized skills, knowledge, or expertise related to banking, borrowing or investments; (b) Goods and services that do not require the exercise of professional judgment or management discretion related to banking, borrowing, investments or to the Treasurer's exercise of the other powers of that office prescribed in ORS 178.010 to 178.090 and 276A.242 and ORS Chapters 286A, 287A, 289, 293, 294 and 295; (c) Services that are common to any entity that carries on a business such as janitorial, repair, delivery, mail processing, and information technology services that are not specialized for banking, borrowing, investments or to the Treasurer's exercise of the other powers of that office prescribed in ORS 178.010 to 178.090 and 276A.242 and ORS Chapters 286A, 287A, 289, 293, 294 and 295; (d) Goods that are common to any entity that carries on a business such as furniture, office equipment and supplies, and computers and related equipment that are not specialized for banking, borrowing, or investing and may be used for any type of business. (3) All other Procurements conducted by the Treasurer are Exempt. If goods or services have some of the attributes described in paragraph 2, but also fall within the scope of contracts described in ORS 279A.025 that are Exempt, the Treasurer, in its sole discretion, will specify whether a Procurement or a Contract for such goods and services is Exempt. (4) Unless otherwise provided under this section, the Contracting and Procurement administrative rules adopted by the Department of Administrative Services under OAR chapter 125 do not apply to procurements conducted and contracts entered into by the State Treasurer. (5) The Treasurer may provide any part or all of an education or training program, or may approve any part or all of an education or training program provided by the Department of Administrative Services or other provider, that meets the standards and requirements established by the Treasurer under ORS 279A.159(3).