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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 164

PURCHASING

291-164-0005

Authority, Purpose, and Policy

(1) Authority: The authority for the rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 279A.050, 421.438, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Ensure that supplies, equipment, and trade services are purchased in compliance with applicable statutes and regulations governing state agency purchasing practices; and.

(b) Ensure that food products and food equipment are purchased in compliance with the requirements of statutes and regulations governing Department purchasing.

(3) Policy: It is the policy of the Department of Corrections that advance planning is an inherent management responsibility which is essential to the maintenance of a cost-effective and efficient purchasing program.

(a) The Department's purchasing program will comply with the Department of Administrative Services rules governing the purchasing process (OAR chapter 125, division 246 through 249) as applicable and on all mandatory price agreements.

(b) The Department’s purchasing program will comply with the Department of Justice Model Rules (OAR chapter 137, divisions 045 through 047) for all institution purchases exempting food services supplies, which will comply with Food Service Operations & Program Procurement rules (OAR 291-164-0100 through 291-164-0140).

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 22-1987, f. & ef. 4-3-87; CD 3-1991(Temp), f. & cert. ef. 1-17-91; CD 17-1991, f. & cert. ef. 7-11-91, DOC 4-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 22-2008, f. & cert. ef. 8-29-08

291-164-0010

Definitions

(1) Emergency Purchase: Immediate acquisition of goods or services to alleviate an emergent situation. The criteria and standards applicable to emergency purchases as set forth in this rule.

(2) Emergent Situation: A situation that could not have been reasonably anticipated that present a clear and imminent danger to life, health, safety, security, interruption of services or loss to public property. The situation presents an immediate threat to the safety and security of inmates, Department’s staff and general public and immediate action must be taken to ensure the good order of the facility.

(3) Food Equipment or Services: All materials, equipment, products and other personal property, and services required for the handling, preparation, delivery, serving and storage of food products.

(4) Food Product: Any foodstuff that will be prepared for and consumed by the Department’s inmate population.

(5) Fragmenting: Artificially dividing a procurement to constitute a small procurement or to circumvent the Department of Justice legal sufficiency requirements.

(6) Invitation to Bid (ITB): All documents, whether attached or incorporated by reference, used for soliciting bids. Written request for prices, rates or other conditions under which a potential bidder would provide.

(7) Offer: Written or oral response to a request for quote.

(8) Offeror: The person who submits an offer in response to a request for quote.

(9) Purchasing Unit: The unit within the Department responsible for conducting the procurement process resulting in an executed contract utilizing a purchase order or contract.

(10) Request Order: Automated requests directed to the General Services Fiscal Services Purchasing Unit and approved by appropriate authority, which fully describes the item or service requiring issuance of a purchase order or contract.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 22-1987, f. & ef. 4-3-87; CD 3-1991(Temp), f. & cert. ef. 1-17-91; CD 17-1991, f. & cert. ef. 7-11-91, DOC 4-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 22-2008, f. & cert. ef. 8-29-08

General Procurement Exempt Food Services Operations

291-164-0015

General

(1) Managers within each functional unit shall review inventory stock levels and usage rates available through the Department's computerized perpetual inventory system prior to submitting a purchase request to increase inventory levels of stock item(s).

(2) Requests for similar commodities will be consolidated to be efficient in order to gain the economic advantage of volume purchasing and to avoid fragmenting.

(3) All goods, supplies, and services purchased by the Department will be received and inspected at authorized receiving points which include institution warehouses, regional offices, and the Fiscal Services Section for General Services.

(4) Managers identifying a specific vendor or product by brand name shall be aware that products of approved equal specification and alternate vendors may be substituted as a result of competitive bidding.

(5) Expediting purchase orders shall be limited to items which are critical to the function of a program and need for the good, supply, or service could not have been reasonably anticipated. If the good, supply, or service is not purchased promptly, an emergent situation will develop resulting in imminent danger to life, health, safety, security or loss to public property.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: CD 22-1987, f. & ef. 4-3-87; CD 3-1991(Temp), f. & cert. ef. 1-17-91; CD 17-1991, f. & cert. ef. 7-11-91, DOC 4-2008(Temp), f. & cert. ef. 3-4-08 thru 8-29-08; DOC 22-2008, f. & cert. ef. 8-29-08; DOC 22-2008, f. & cert. ef. 8-29-08

 

Food Services Operations and Programs Procurement

291-164-0100

General

(1) Solicitations for similar commodities will be consolidated if consolidation would gain an economic advantage with volume purchasing. Procurement may not be artificially divided or fragmented so as to circumvent the legal sufficiency approval requirement set forth in ORS Chapter 291.

(2) Solicitations must comply with Disadvantaged, Minority, Women and Emerging Small Business Enterprises, ORS 200.035, to provide timely notice and information to the Advocate for Minority, Women and Emerging Small Business.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 22-2008, f. & cert. ef. 8-29-08

291-164-0110

Small Procurements

Any procurement of food product or food equipment or service not exceeding $25,000 may be awarded without a competitive process. The Department may award a contract in any manner deemed practical or convenient by the Department, 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.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 22-2008, f. & cert. ef. 8-29-08

291-164-0120

Solicitation Procedures

(1) Process and Criteria:

(a) The Department will issue a written ITB for intermediate solicitations exceeding $25,000 which will include:

(A) A time, date and place where bids must be submitted.

(B) The name and pertinent contact information of the Department’s single point of contact.

(C) A complete description of the specifications of the food product or food equipment or services being requested.

(D) A statement that the Department may cancel the solicitation or procurement, or reject any or all bids in whole or in part, when the cancellation or rejection is in the best interest of the Department as determined by the Department. The reason for cancellation or rejection will be made part of the solicitation file.

(E) All contractual terms and conditions applicable to the procurement.

(F) For formal solicitations over $150,000, the ITB may include language specifying the time and manner a prospective bidder may file a protest. If protests are permitted for that particular solicitation, the Department will issue a decision in the form of an addenda or notice on the protest as specified in the ITB.

(G) The ITB will set forth the evaluation criteria to be used, that may include, but are not limited to, inspection, testing, quality, availability and suitability for intended use or purpose. No criteria may be used in an evaluation that is not set forth in the ITB.

(b) The Department will give public notice of solicitations, other than small procurements or emergency purchases, using the Oregon Procurement Information Network (ORPIN) system for a minimum of five calendar days before the solicitation closing date. If a shorter notice period is in the public’s interest and will not substantially affect competition, the Purchasing Unit will document in the file as to why a lesser time was used.

(c) Review and Evaluation of Bids:

(A) The Department will open bids at the time, date and place designated in the ITB.

(B) The Department will not consider bids received after the time and date indicated in the solicitation for opening.

(C) The amount of a bid, the name of the bidder and other relevant information will be recorded by the Department. The record shall be open to public inspection in accordance with public record law.

(D) The Department will evaluate all bids received as specified in the ITB.

(E) The Department will award the contract to the lowest responsive and responsible bidder whose bid substantially complies with the requirements and criteria set forth in the ITB; or if the ITB specifies or authorizes the award of multiple contracts, to the responsive and responsible qualified bidder(s) whose bid(s) best serve the interests of the Department as determined by the Department.

(d) One unanticipated amendment may be made to a contract without additional competitive process by any party. The designated procurement officer must give written approval of the unanticipated amendment after determination that the change is still within the scope of the original ITB.

(2) Documentation. The Department will keep a written record of the sources of the bids received for all solicitations in accordance with Secretary of State Archiving rules.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 22-2008, f. & cert. ef. 8-29-08

291-164-0130

Emergency Purchases

(1) Intent: The intent of this section is to provide a method for emergency purchases of food products, food equipment and services, or any combination.

(2) Condition: To procure food products or food equipment and services as an emergency purchase, an emergent situation must exist as determined by the Director or the applicable institution’s functional unit manager or their designee.

(3) Process:

(a) The Purchasing Unit or appropriate institution staff will make the immediate purchase.

(b) The Department shall award the contract to the bidder whose bid will best serve the interests of the Department and to alleviate the emergent situation.

(c) Purchasing Unit will document the file with justification for the emergency purchase in accordance with Secretary of State Archiving rules.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 22-2008, f. & cert. ef. 8-29-08

291-164-0140

Alternative Procurement Methods

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

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

(b) Aid the Director in fulfilling the statutory mandate to operate and administer the Department.

(2) Alternative procurement methods may include, but are not limited to, specialized vendor prequalification, multistep bids or proposals, single proposer negotiations, competitive negotiations between two or more proposers, brand name solicitations, and cooperative procurements. The Department shall conduct the alternative procurement method in accordance with the process set forth in the applicable solicitation document.

Stat. Auth.: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 279A.050, 421.438, 423.020, 423.030 & 423.075
Hist.: DOC 22-2008, f. & cert. ef. 8-29-08

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