Print/Copy Mail Services Vice President FA580-062-0000
Definitions
All capitalized terms in chapter 580, division 62
have the meanings set forth in
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08
thru 8-16-08
580-062-0005
Procurement and Contracting Procedures
The procedures set out in
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08
thru 8-16-08
580-062-0010
Procurement Card
The Chancellor's Office may maintain procurement card services
for the benefit of the Institutions. The Controller's Office of the
Chancellor's Office will publish policies governing use of the
procurement card.
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08
thru 8-16-08
580-062-0015
Personal/Professional Services, Goods, and
Services Contract Procurement Thresholds
(1) When procuring personal or professional services, goods, or
services, not including services from Professional Consultants as
defined in chapter 580, division 63, Institutions will conduct the
procurement in accordance with the Direct Procurement, Informal
Procurement, or Formal Procurement method, unless another method is
applicable, based on the anticipated contract price, including
consultant fees, reimbursable expenses, and all amendments
contemplated by the parties. Multiple Contracts, purchase orders, or
purchasing requisitions will not be issued separately with the
intent to circumvent these rules.
(a) $25,000 or less Direct Procurement or other method of
procurement that the Institution deems beneficial to the
procurement.
(b) $25,000.01 to $100,000 Informal Procurement, Formal
Procurement, or other method of procurement, except the Direct
Procurement method, that the Institution deems beneficial to the
procurement.
(c) Greater than $100,000 Formal Procurement or other method of
procurement, except the Direct Procurement or Informal Procurement
methods, that the Institution deems beneficial to the procurement.
(2) Notwithstanding subsection (1), if the source of the funding
for the procurement requires a different procurement method, the
Institution may comply with the procurement method required by the
funding source.
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08
thru 8-16-08
580-062-0020
Methods of Procurement
Institutions will use the following methods of procurement when
procuring personal or professional services or goods and services.
(1) Direct Procurement. A process where the Institution
negotiates directly with a single Entity to provide personal or
professional services or goods and services.
(2) Informal Procurement. A Competitive Process where the
Institution posts an advertisement of the opportunity on the OUS
procurement website for a reasonable time necessary to obtain at
least three Bids or Proposals. The Institution may also directly
contact prospective Bidders or Proposers. If the notice has been
posted for a reasonable time period and fewer than three Bids or
Proposals have been submitted, the Institution may enter into a
Contract with a Responsible Bidder or Proposer based on the
Specifications contained in the Solicitation Document.
(3) Formal Procurement. A Competitive Process where the
Institution:
(a) Creates a Solicitation Document that contains the procurement
procedures and necessary Specifications.
(b) Publishes a notice of the procurement on the OUS procurement
website and, if beneficial to the procurement, in a trade
periodical, newspaper of general circulation, or other minority,
women, and emerging small business targeted periodicals, Institution
website, or other medium for advertising. The notice must specify
when and where the Solicitation Document may be obtained and the
Closing Date/Time. The notice must be published for a duration
reasonable under the circumstances for the procurement.
(c) Conducts the procurement in accordance with chapter 580,
division 61, section 0000 through 0160.
(4) Emergency Procurement. The Institution President, Chancellor,
or designee may declare an Emergency when such a declaration is
deemed appropriate. The reasons for the declaration will be
documented and will include justifications for the procedure used to
select the Entity for a Contract within the scope of the Emergency
declaration. After the Institution President, Chancellor, or
designee has declared an Emergency, the Institution may negotiate a
Contract with any qualified Entity for services included in the
scope of the Emergency. The Institution will maintain appropriate
records of negotiations carried out as part of the contracting
process.
(5) Retainer. Institutions may conduct a Formal Procurement to
enter into Retainer Contracts with multiple Entities to provide
personal or professional services or goods and services at
contracted rates of compensation or based on pre-qualifications.
(6) Alternative Processes. Notwithstanding the foregoing
procedures, the Institution Contract Officer may authorize
alternative procurement methods that provide a Competitive Process
to two or more Entities to contract with the Institution and meet
the following objectives:
(a) Responds to innovative business and market methods; or
(b) Contributes to Institution productivity improvement and
process redesign; or
(c) Results in comprehensive cost-effectiveness and productivity
for the Institution.
(7) Exempt.
Institutions need not follow, regardless of value, a Competitive
Process when seeking or acquiring or paying for the following goods
and services:
(a) Educational services.
(b) Advertising and media services, excluding consulting
services.
(c) Price-regulated goods and services, including utilities,
where the rate or price for the goods or services being purchased is
established by federal, state, or local regulatory authority.
(d) Goods or services under federal contracts. When the price of
goods and services has been established by a contract with an agency
of the federal government pursuant to a federal contract award,
Institutions may purchase the goods and services in accordance with
the federal contract. In addition, Institutions may purchase
specific equipment that is only available from one source or use
specific Entities that are expressly required under the terms of the
contract.
(e) Copyrighted materials. Copyrighted materials covered by this
exemption may include, but are not limited to, textbooks, workbooks,
curriculum kits, reference materials, software, periodicals, library
books, library materials, and audio, visual, and electronic media.
(f) Investment contracts and retirement plan services, excluding
consulting services.
(g) Food and food-related products.
(h) Maintenance services directly from the contractor providing
the goods.
(i)
Used personal property.
(j) Goods purchased for resale to outside entities.
(k) Goods or services related to intercollegiate athletic
programs.
(L) Cadavers or cadaveric organs.
(m) Hotel sites for large conferences and workshops.
(n) Dues, registrations, and membership fees.
(o) Gasoline, diesel fuel, heating oil, lubricants, natural gas,
electricity, and similar commodities and products and the
transportation thereof.
(p) Supplies, maintenance, and services for ocean-going vessels
when they are in other than home port.
(q) Repair and overhaul of goods or equipment.
(r) Goods or services purchased in foreign countries.
(s) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135, and 414.145 for purposes of source
selection.
(t) Grants, including Grant applications and proposals.
(u) Contracts for professional or expert witnesses or consultants
to provide services or testimony relating to existing or potential
litigation or legal matters in which an Institution is or may become
interested.
(v) Contracts entered into, issued, or established in connection
with:
(A) The incurring of debt by an Institution, including but not
limited to the issuance of bonds, certificates of participation, and
other debt repayment obligations, and any associated Contracts,
regardless of whether the obligations that the Contracts establish
are general, special, or limited;
(B) The making of program loans and similar extensions or
advances of funds, aid, or assistance by an Institution to a public
or private body for the purpose of carrying out, promoting, or
sustaining activities or programs authorized by law; or
(C) The investment of funds by an Institution as authorized by
law and other financial transactions of an Institution that by their
character cannot practically be established under the Competitive
Process.
(w) Contracts for employee benefit plans as authorized by law.
(x) Services provided by those in the medical community
including, but not limited to, doctors, physicians, psychologists,
nurses, veterinarians, and those with specific license to administer
treatments for the health and well-being of people or animals.
(y) Artists, performers, photographers, graphic designers,
website design, and speakers.
(z) Sponsorship agreements for Institution events or facilities.
(8) Sole Source. A process where the Institutional President, the
Chancellor or designee has made a Written determination that due to
special needs or qualifications, only a Single Seller is reasonably
available to provide such personal or professional services or goods
or services. Sole source procurement will be avoided except when no
reasonably available alternative source exists.
(a) Each Institution will provide public notice of its
determination that the person or professional services or goods or
services are only available from a Single Seller. Public notice may
be provided on the OUS procurement website. The public notice will
describe the personal or professional services or goods or services
to be acquired from the Single Seller, identify the prospective
Contractor, and include the date, time and place that protests are
due. The Institution shall give Entities at least seven (7) Days
from the date of notice publication to protest the sole source
determination.
(b) An Entity may protest the Institution's
determination that the personal or professional services or goods or
services are available from a Single Seller in accordance with
(c) On an annual basis, Institution Presidents, or their
designees will submit a report to the Board summarizing approved
sole source procurements for the Institution for the prior fiscal
year. The report will be made available for public inspection.
(9) Special Entity. Institutions may enter into
Contracts without using a Competitive Process when the contracting
Entity is a federal, state, or local governmental agency, or a state
Qualified Rehabilitation Facility certified by the Oregon Department
of Human Services or the Oregon State Procurement Office.
Institutions may participate in cooperative procurements with other
contracting agencies if it is determined, in Writing, that the
solicitation and award process for the Contract is reasonably
equivalent to the respective process established in these rules and
that the solicitation was advertised in
Stat. Auth.: ORS 351
Stats. Implemented:
Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08
thru 8-16-08