OAR 170-002-0147: Purchases Through Federal Programs

(1) The Treasurer may purchase goods and services through federal programs described 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 Treasurer follows the procedures set forth in this rule. (2) Procedures. To purchase through a federal program, the Treasurer must document in its procurement file that: (a) The Treasurer has complied with OAR 137-045-0010 to 137-045-0090, and if it is required, obtained a legal sufficiency review or exemption from the Department of Justice; and (b) The Treasurer is informed of the federal program procurement process, including: (A) Voluntary and Direct Contract. The Treasurer and contractors participate voluntarily. The contractors make direct deliveries to the Treasurer and retain the right to decline orders on a case-by-case basis, for any reason, within a five-day period of receipt of that order; (B) Funding Fee. The price of a federal program contract includes a GSA industrial funding fee to cover GSA administrative costs to operate the federal program; (C) New Contract. When a contractor accepts an order from the Treasurer, a new contract is formed. The contract's terms and conditions are incorporated by reference; and (D) Additional Terms and Conditions. The Treasurer may add to its contract such significant, substantial contract terms and conditions as are required by state statutes or rules, if such additions do not conflict with the federal program's contract terms and conditions. Examples of such terms and conditions include, but are not limited to: (i) Prompt Payment. The Treasurer may apply the terms and conditions of Oregon's prompt payment law to its contracts, but if the Treasurer fails to make this addition, then the Treasurer may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq., as implemented at subpart 32.9 of the Federal Acquisition Regulation (FAR); (ii) Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the federal program's terms and conditions; and (iii) Conflict Resolution. The Treasurer may revise the contract's dispute resolution provision to use Alternative Dispute Resolution to the extent authorized by law.