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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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PARKS AND RECREATION DEPARTMENT

 

DIVISION 147

PUBLIC PROCUREMENT FOR GOODS AND
SERVICES GENERAL PROVISIONS

736-147-0010

Application

The Oregon Parks and Recreation Department adopts OAR 137-047-0000 through 137-047-0810 (effective January 1, 2008) with the exception of 137-047-0270(4), the Department of Justice Model Rules, Public Procurements for Goods or Services General Provisions including the additional provisions provided in these rules.

Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279B.015
Hist.: PRD 1-2007, f. & cert. ef. 2-7-07; PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

736-147-0030

Emergency Procurements Process

(1) The Director of OPRD or person designated under ORS 279A.075, may authorize OPRD personnel to award a public contract for goods and services as an emergency procurement pursuant to the requirements of 279B.080. Emergency contracts are exempt from Department of Justice legal sufficiency review under OAR 173-045-0070 as set out in subsection (3)(b) of this rule.

(2) Pursuant to the requirements of this rule, OPRD may, in its discretion, enter into a public contract without competitive solicitation if an emergency exists. Emergency means circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services or threat to public health or safety that requires prompt execution of a contract to remedy the condition.

(3) For contracts above $5,000, when entering into an emergency contract, OPRD must:

(a) Encourage competition that is reasonable and appropriate under the circumstances;

(b) Award contract within sixty (60) days following the event triggering the need for an emergency contract unless an extension has been granted by the Director of OPRD or person designated;

(c) Have a written report prepared and signed by an executive of OPRD who is responsible for oversight of the public contract within ten (10) business days after execution of the public contract, said report to contain:

(A) A concise summary of the circumstances that constitute the emergency and the character of the risk of loss, damage, interruption of services, or threat to public health or safety created or anticipated to be created by the emergency circumstances;

(B) A statement of the reason or reasons why the prompt execution of the proposed public contract was required to deal with the risk created or anticipated to be created by the emergency circumstances;

(C) A brief description of the services or goods to be provided under the public contract, together with its anticipated cost; and

(D) A brief explanation of how the public contract, in terms of duration, services, or goods provided under it, was restricted to the scope reasonably necessary to adequately deal only with the risk created or anticipated to be created by the emergency circumstances.

(d) Maintain a copy of report described in (c) of this rule in OPRD’s emergency public contract file and provide a copy of the report to the Attorney in Charge, Business Transactions Section, Department of Justice, within thirty (30) days after preparing the report;

(e) Provide a summary of the contract on the Oregon Procurement Information Network (ORPIN) maintained by the DAS State Procurement Office.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279B.080
Hist.: PRD 1-2007, f. & cert. ef. 2-7-07; PRD 13-2008, f. & cert. e.f 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

736-147-0040

Price Agreements

(1) OPRD may create price agreements designed for the exclusive use of OPRD or use DAS multi-agency price agreements. OPRD may create price agreements for the purposes of minimizing paper work, achieving continuity of product, securing a source of supply, reducing inventory, combining requirements for volume discounts, standardization among agencies, and reducing lead time for ordering.

(2) If OPRD conducts a purchase of goods or services pursuant to a DAS or OPRD price agreement, OPRD does not need to undertake an additional competitive solicitation.

Stat. Auth.: ORS 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A
Hist.: PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

736-147-0050

Mandatory Use Contracts

(1) For the purposes of this rule, a Mandatory Use Contracts means a public contract, DAS price agreement, or other agreement that OPRD is required to use for the procurement of goods and services.

(2) If DAS State Procurement Office establishes a price agreement that is designated mandatory for state agency use, OPRD must procure applicable goods and services pursuant to the Mandatory Use Contract unless otherwise specified in the contract, allowed by law or these rules.

(3) OPRD is exempted from Mandatory Use Contracts for acquisition of the following, regardless of dollar amount:

(a) Goods or services from another government public agency, provided that a formal written agreement is entered into between the parties;

(b) Goods or services from the federal government pursuant to ORS 279A.180;

(c) Personal property for resale through student stores operated by public educational contracting agencies; and

(d) Emergency purchases declared by a contracting agency pursuant to ORS 279B.080.

(4) If a DAS price agreement is not mandatory, the designated procurement officer or other designated person will decide whether to contract pursuant to the price agreement based on what best meets the business needs of OPRD.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279B.090
Hist.: PRD 1-2007, f. & cert. ef. 2-7-07; PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

736-147-0060

Amendments for Intermediate Goods or Services Procurements

OPRD may amend a public contract awarded as an intermediate procurement in accordance with OAR 137-047-0800, but the cumulative amendments shall not increase the total contract price to a sum that is greater than 25 percent of the original contract price, except:

(1) OPRD may amend a public contract awarded as an intermediate procurement in accordance with OAR 137-047-0800 over the 25 percent cumulative amount but not exceeding the $150,000 threshold with written approval from the OPRD Designated Procurement Officer based upon a determination of the best interests of the state.

(2) OPRD may amend a public contract awarded as an intermediate procurement in accordance with OAR 137-047-0800 over the 25 percent cumulative amount exceeding the $150,000 threshold with written approval from the OPRD Designated Procurement Officer and Department of Justice based upon a determination of the best interests of the state.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
Hist.: PRD 1-2007, f. & cert. ef. 2-7-07; PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

736-147-0070

Reinstatement of Expired or Terminated Contracts

(1) If OPRD enters into a contract for goods or services and that contract subsequently expires or is terminated, OPRD may reinstate the contract subject to the following:

(a) The type or aggregated value (including all amendments) of the contract, after reinstatement, falls under OPRD procurement authority in accordance with law, the Department of Justice Model Rules and these rules;

(b) OPRD may reinstate and amend for time only;

(c) The purpose must be for:

(A) Fulfillment of its term, up to the maximum time period provided in the contract; or

(B) Completion of a deliverable, provided:

(i) The deliverable, including but not limited to goods, services, or work, was defined in the contract as having a completion date or event; and

(ii) OPRD documents the uncompleted work as of the date of the reinstatement of the expired contract in the procurement file.

(d) The expired or terminated contract was previously properly executed; and

(e) The failure to extend or renew the contract in a timely manner was due to unforeseen circumstances, unavoidable conditions or any other occurrence outside the reasonable control of OPRD or the contracting party.

(2) If the type or aggregated value (including all amendments) of the contract after reinstatement will exceed OPRD’s procurement authority, then OPRD may reinstate and amend for time only, and OPRD must submit a written justification demonstrating the satisfaction of the requirements for reinstatement, as set forth in subsections (1)(a)–(e) of this rule.

(3) OPRD may amend an expired contract for time only in accordance with section (1) of this rule. OPRD may amend the contract purposes other than time in accordance with OAR 137-047-0800.

(4) If OPRD reinstates and amends an expired contract for time, pursuant to this rule, OPRD may compensate the contracting party for work performed in the interim between the expiration of the original contract and the effective date of the reinstatement and amendment.

(5) Once a contract is reinstated, it is in full force and effect as if it had not expired or terminated.

Stat. Auth.: ORS 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279A
Hist.: PRD 13-2008, f. & cert. ef. 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

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