Or. Admin. Code § 334-001-0032

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

Section 334-001-0032 - Source Selection

(1) General: Either the Board or the Executive Director must Award Contracts for Goods or Services by one of the source selection methods in this rule. Except as provided in section (2), (5) and (6) of this rule, the Board will generally conduct a competitive process for Goods or Services by issuing a Solicitation Document.

(2) Small Procurements: Any procurement of Goods or Services not exceeding $15,000 may be awarded without a competitive process. The Board may Award a Contract in any manner deemed practical or convenient by the Board, including by direct selection or Award. A procurement may not be artificially divided or fragmented so as to constitute a small procurement under this rule.

(3) Intermediate Procurements: Any procurement of Goods or Services exceeding $15,000 but not exceeding $150,000 may be awarded after seeking three competitive price quotes or Offers. Either the Board or the Executive Director must keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but either the Board or the Executive Director must make a written record of the effort made to obtain the Offers. If a Contract is awarded, either the Board or the Executive Director must Award the Contract to the Offeror whose Offer will best serve the interests of the Board. A procurement may not be artificially divided or fragmented so as to constitute an intermediate procurement under this rule.

(4) Large Procurements: Any procurement of Goods or Services exceeding $150,000 may be awarded after seeking three solicited competitive Offers. The Board must keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Board must make a written record of the effort made to obtain the Offers. If a Contract is awarded, the Board must Award the Contract to the Offeror whose Offer will best serve the interests of the Board.

(5) Sole Source Procurements: Either the Board or the Executive Director may Award a Contract for Goods or Services without a competitive process when the Executive Director, or a person designated in Writing by the Board, determines in Writing, based on findings of current market research, that the Goods or Services are available from only one seller or source.

(6) Emergency Procurements:

(a) General: The Executive Director may conduct an Emergency procurement and enter into Contracts Awarded as Emergency procurements in an Emergency. The Executive Director may conduct an Emergency procurement and enter into Contracts Awarded as Emergency procurements regardless of the dollar amount of the Contract without the Board's approval. The Board may, in its discretion, enter into a contract without a competitive solicitation if an emergency exists. Regardless of the dollar value of the contract, the Board entering into an Emergency Contract must encourage competition that is reasonable and appropriate under the Emergency circumstances.

(b) Large Procurements:

(A) Notwithstanding subsection 6(a) of this rule, the Executive Director may conduct an Emergency procurement or enter into an Emergency Contract for a Large Procurement only upon the approval of the Board.

(B) The Executive Director may establish an extension of an Emergency Contract for a Large Procurement without the approval of the Board, where the original Contract specifically provides for the extension, the extension does not result in any change in the terms and conditions of the Contract other than an extension in its term.

(C) The Executive Director must make reasonable efforts to report to the Board in Writing, within five days of the Contract Award, or by the next scheduled Board meeting following the Contract Award date, whichever is later, any Emergency Contracts entered into by the Executive Director. However, the Executive Director's inability or failure to report to the Board within this time must not affect the validity of any Emergency Contract.

(7) Alternative Procurement Methods:

(a) The Board reserves the right to use an alternative procurement method if that method will be more likely to:

(A) Maximize the Board's net revenue;

(B) Achieve the specific business objective or business objectives of the procurement; or

(C) Aid the Executive Director in fulfilling the statutory mandate to operate and administer the Board.

(b) Alternative procurement methods may include, but are not limited to, multistep bids, quotes or Proposals, single Proposer negotiations, competitive negotiations between two or more Proposers, brand name solicitations, and cooperative procurements.

Or. Admin. Code § 334-001-0032

BMT 4-2011, f. 12-1-11, cert. ef. 1-1-12

Stat. Auth.: ORS 183, 687

Stats. Implemented: ORS 182.456 - 182.472, 687.011, 687.051, 687.057, 687.061, 687.086, 687.121