OAR 414-070-0005: Procurement Authority

(1) Pursuant to ORS 279A.050, the Department adopts these rules to supplement the DOJ Model Rules on general provisions related to public contracting as promulgated by the Attorney General effective as of January 1, 2024. These rules apply to the Department’s exercise of procurement authority under ORS 279A.050. These rules supplement the rules contained in Chapter 137, Divisions, 45, 46, and 47. In the event of a conflict between such rules and these rules, these rules control. (2) The Department must conduct all Procurements and administer the contracting for Supplies and Services; Architectural, Engineering and Land Surveying Services, and Related Services; and Public Improvements for the Agencies, unless delegated, according to ORS 279A.140 and 279C.105(1). Delegations of Authority in accordance with OAR 414-070-0010 do not relieve the Department of this responsibility. (3) The Department and its Director are the Contracting Agency described in the Public Contracting Code and represent the Department. The Designated Procurement Director receives delegated Authority according to OAR 414-070-0010. (4) Any person conducting a Procurement or administering a Contract for the Department, as defined in ORS 279A.010(1)(b), must have education, training, professional experience, or a combination thereof that, at a minimum, and in accordance with standards established by the Department of Administrative Services pursuant to ORS 279A.159 and rules promulgated thereunder, adequately prepares the person to: (a) Develop specifications and develop or adapt solicitation documents for a Procurement; (b) Read critically, understand, interpret and apply terms and conditions set forth in Public Contracts of the scope and nature for which the person is or will be responsible; (c) Draft scopes of work, statements of work, contract amendments, change orders, insurance requirements, notices and other documents and communications that are necessary to conduct a Procurement or administer a Public Contract of the scope and nature for which the person is or will be responsible; (d) Monitor a contractor’s performance under a Public Contract to ensure that the contractor performs services, provides goods or supplies materials according to the schedule, pricing, specifications and terms and conditions set forth in the Public Contract; (e) Manage relations between the Department and contractors so that contractors meet obligations to the Department and the contracting Department meets obligations to contractors; (f) Recognize and investigate emerging disputes or other risks, unique requirements, unusual situations or other issues that arise in connection with a Procurement and formulate appropriate responses and resolutions, seeking advice from legal counsel, risk management personnel or other persons when necessary; (g) Understand auditing requirements and procedures that apply to Procurements of the scope and nature for which the person is or will be responsible and organize and maintain appropriate documentation and administrative practices that meet the auditing requirements; and (h) Follow regular business and office procedures, implement applicable Department policies and procedures and otherwise conduct Procurements or administer Public Contracts for the Department in accordance with best practices.