Or. Admin. Code § 291-163-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-163-0040 - Purchases

(1) Solicitation: The Inmate Work Programs Administrator or the Fiscal Services Administrator, as appropriate, or their designees must obtain no fewer than three quotes from vendors, contractors, manufacturers, owners or suppliers of the subject purchase or class of purchases, unless they make written findings stating:

(a) There is insufficient time to obtain three or more quotes without negatively affecting the ability of a program to provide timely services; or

(b) Obtaining three or more quotes may negatively affect the value of the property or increase the cost of the services; or

(c) The property or services are only practicably available from one vendor, or a specific vendor is preferred due to availability, capacity, experience, reputation, performance history or other stated reasons; or

(d) The selection of the particular vendor, contractor, manufacturer, owner, or supplier will help achieve public policy objectives including, but not limited to the promotion of emerging small, disadvantaged, minority-owned and/or women-owned businesses and qualified rehabilitation facilities as defined in ORS 279 .835;

(e) The requirement to obtain no fewer than three competitive quotations, unless exempted based upon criteria stated in (a) through (d) above, shall apply to purchases with cost estimates equal to or exceeding the minimum dollar values specified by the then current Department of Administrative Services Purchasing rule as requiring three or more competitive quotations.

(2) Negotiation: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may acquire property or services by negotiation. Upon identification of one or more potential vendors, contractors, manufacturers, owners, or suppliers, the Inmate Work Programs Administrator or functional unit manager, or their designees, may negotiate and execute a contract setting forth the substance, terms, and conditions of the purchase, subject to approval by the Prison Industries Board, where appropriate. (See OAR 291-163-0070).

Or. Admin. Code § 291-163-0040

CD 6-1997(Temp), f. & cert. ef. 4-10-97; CD 13-1997, f. 7-23-97, cert. ef. 8-1-97

Stat. Auth.: ORS 179.040, ORS 179.460, ORS 421.305(1), ORS 421.310(1), ORS 421.440, ORS 423.020, ORS 423.030 & ORS 423.075

Stats. Implemented: ORS 179.040, ORS 179.460, ORS 421.305(1), ORS 421.310(1), ORS 421.440, ORS 423.020, ORS 423.030 & ORS 423.075