OAR 291-163-0010: Authority and Purpose

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040(1)(d), 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030, and 423.075(5)(d). (2) Purpose: The Department of Corrections is subject to the Department of Administrative Services purchasing rules unless otherwise excepted or exempted. ORS 421.438 provides that “ORS Chapter 279 and 291.021 do not apply” to certain prison operations and programs, as defined in OAR 291-163-0020(6). Additionally, Article I, Section 41(9) of the Oregon Constitution provides that “prison industry work programs shall be exempt from statutory competitive bid and purchase requirements.” Accordingly, the purpose of these rules is to set forth guidelines for the: (a) Purchase of property and services for such inmate work programs; (b) Disposal of surplus property for an inmate work program; (c) Sale of inmate products and inmate services produced or provided under Corrections Inmate Work Programs; and (d) Process to establish certain contractual relationships between Corrections Industries and private entities to generate and establish such inmate work programs.