Department of Administrative Services
Chapter 125
Division 246
GENERAL PROVISIONS FOR PUBLIC CONTRACTING
125-246-0130
Application of the Code and Rules; Exceptions
(1) Code, Rules and Policies. Except as set forth in this Section and ORS 279A.025, an Agency must exercise all rights, powers and Authority related to Public Contracting in accordance with the Public Contracting Code, Rules, and applicable Department policies (Policies).
(2) Exceptions for Contracts and Grants. These Rules do not apply to the following:
(a) Contracts between Agencies;
(b) Contracts between Agencies and Public Bodies;
(c) Contracts between Agencies and the federal government;
(d) For Cooperative Procurements, any contractual relationship described in Subsections (2)(a) through (c) of this Rule. The Code, Rules, and policies apply to the contractual relationships between the Agencies and Providers, other states, tribes, other nations, and any of their public entities; and
(e) Grants.
(A) Agency as Recipient. If an Agency is a recipient in an agreement with a grantor, the definition of Grant in ORS 279A.010 and OAR 125-246-0110 determines if the agreement is subject to the Code and these Rules. If the grantor has substantial involvement in the program or activity of the Agency, the agreement is not a Grant. The agreement is subject to the Code and these Rules.
(B) Agency as Grantor. If an Agency is a grantor in an agreement with a recipient, the definition of Grant in ORS 279A.010 and OAR 125-246-0110 determines if the agreement is subject to the Code and these Rules. If the Agency has substantial involvement in the program or activity of the Agency’s recipient, the agreement is not a Grant. The agreement is subject to the Code and these Rules.
(3) Exception for a Federal Program. Authorized Agencies otherwise subject to the Code and these Rules may enter into Public Contracts under a federal program described in ORS 279A.180 and according to OAR 125-246-0360, without following the procedures set forth in ORS 279B.050 through 279B.085 and 125-247-0250 through 125-247-0690.
(4) Exception when Procuring from Oregon Forward Contractors (OFCs) (formally known as Qualified Rehabilitation Facilities (QRFs)). Agencies subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services according to ORS 279.835 through 279.855 and OAR 125-055-0010(1) (Acquisition of Supplies and Services from OFCs). Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of Authority in accordance with OAR 125-246-0170.
(5) Exception for Correctional Industries. Agencies otherwise subject to the Code and these Rules may enter into Contracts with correctional industries according to the Oregon Constitution, Article 1, Subsection 11, without being subject to the source selection procedures set forth in either ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and their respective Rules.
(6) Exception for Price Agreements. Agencies otherwise subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services from a Department Price Agreement or other Price Agreement. Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of Authority in accordance with OAR 125-246-0170.
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.025, 279A.050, 279A.055 & 279A.180
History:
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05