ORS 279A.050
Procurement authority


(1)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in the Public Contracting Code, a contracting agency shall exercise all of the contracting agency’s procurement authority in accordance with the provisions of the Public Contracting Code.

(b)

If a contracting agency has authority under this section to carry out functions described in this section, or has authority to make procurements under a provision of law other than the Public Contracting Code, the contracting agency need not exercise the contracting agency’s authority in accordance with the provisions of the code if, under ORS 279A.025 (Application of Public Contracting Code), the code does not apply to the contract or contracting agency.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection and the Public Contracting Code, for state agencies the Director of the Oregon Department of Administrative Services has all the authority available to carry out the provisions of the Public Contracting Code.

(b)

Except as otherwise provided in the Public Contracting Code, for state agencies the director may delegate to the State Chief Information Officer the authority to procure or supervise the procurement of all goods, services and personal services related to information technology and telecommunications for state contracting agencies. This paragraph does not apply to contracts under which the contractor delivers to the state agency information technology products or services incidentally in performing a personal services contract described in ORS chapter 279C or a construction contract described in ORS chapter 279C.

(3)

Except as otherwise provided in the Public Contracting Code, the Director of Transportation has all the authority available to:

(a)

Procure or supervise the procurement of all services and personal services to construct, acquire, plan, design, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with any public transportation system in accordance with ORS 184.689 (Powers and duties of department) (5);

(b)

Procure or supervise the procurement of all goods, services, public improvements and personal services that relate to operating, maintaining or constructing highways, bridges and other transportation facilities that are subject to the authority of the Department of Transportation; and

(c)

Establish standards for, prescribe forms for and conduct the prequalification of prospective bidders on public improvement contracts that relate to operating, maintaining or constructing highways, bridges and other transportation facilities that are subject to the authority of the Department of Transportation.

(4)

Except as otherwise provided in the Public Contracting Code, the Secretary of State has all the authority to procure or supervise the procurement of goods, services and personal services related to programs under the authority of the Secretary of State.

(5)

Except as otherwise provided in the Public Contracting Code, the State Treasurer has all the authority to procure or supervise the procurement of goods, services and personal services related to programs under the authority of the State Treasurer.

(6)

The state agencies listed in this subsection have all the authority to do the following in accordance with the Public Contracting Code:

(a)

The Department of Human Services to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) for the department’s institutions and the procurement of goods, services and personal services for constructing, demolishing, exchanging, maintaining, operating and equipping housing for the purpose of providing care to individuals with intellectual disabilities or other developmental disabilities, subject to applicable provisions of ORS 427.335 (Authority of department to develop community housing);

(b)

The Oregon Health Authority to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) and construction materials, equipment and supplies for the authority’s institutions and the procurement of goods, services, personal services, construction materials, equipment and supplies for constructing, demolishing, exchanging, maintaining, operating and equipping housing for individuals with chronic mental illness, subject to applicable provisions of ORS 426.504 (Power of Oregon Health Authority to develop community housing for persons with chronic mental illness);

(c)

The State Department of Fish and Wildlife to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the State Department of Fish and Wildlife;

(d)

The State Parks and Recreation Department to procure or supervise the procurement of all goods, services, public improvements and personal services related to state parks;

(e)

The Oregon Department of Aviation to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Oregon Department of Aviation;

(f)

The Oregon Business Development Department to procure or supervise the procurement of all goods, services, personal services and public improvements related to its foreign trade offices operating outside the state;

(g)

The Housing and Community Services Department to procure or supervise the procurement of goods, services and personal services as provided in ORS 279A.025 (Application of Public Contracting Code) (2)(o);

(h)

The Department of Corrections to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Department of Corrections;

(i)

The Department of Corrections, subject to any applicable provisions of ORS 279A.120 (Preference for Oregon goods and services), 279A.125 (Preference for recycled materials), 279A.145 (Recycled product purchasing information) and 283.110 (Furnishing by state agency to another state agency of services, facilities and materials) to 283.395 (Driving state-owned vehicles for private purposes prohibited), to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) for its institutions;

(j)

The Department of Veterans’ Affairs to procure or supervise the procurement of real estate broker and principal real estate broker services related to programs under the department’s authority;

(k)

The Oregon Military Department to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Oregon Military Department;

(L)

The Department of Education, subject to any applicable provisions of ORS 329.075 (Statewide implementation), 329.085 (Assessment of schools and school districts required) and 329.485 (Statewide assessment system) and the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802), to procure or supervise the procurement of goods, services, personal services and information technology related to student assessment; and

(m)

Any state agency to conduct a procurement when the agency is specifically authorized by any provision of law other than the Public Contracting Code to enter into a contract.

(7)

Intentionally left blank —Ed.

(a)

Notwithstanding this section and ORS 279A.140 (State procurement of goods and services) (1), the Director of the Oregon Department of Administrative Services has exclusive authority, unless the director delegates the authority, to procure or supervise the procurement of all price agreements on behalf of the state agencies identified in subsection (6) of this section under which more than one state agency may order goods, services or personal services.

(b)

The director may delegate to the State Chief Information Officer the exclusive authority to procure or supervise the procurement of all price agreements related to information technology and telecommunications on behalf of the state agencies identified in subsection (6) of this section. Notwithstanding any authority that a state agency may have under subsection (3) or (6) of this section, the state agency may not establish a price agreement or enter into a contract for goods, services or personal services without the approval of the director or the State Chief Information Officer if the director or the State Chief Information Officer has established a price agreement for the goods, services or personal services.

(c)

The State Chief Information Officer may review any solicitation document for procuring information technology or telecommunications that a state agency intends to issue before the state agency issues the solicitation document and may require the state agency to name the State Chief Information Officer as a third-party beneficiary with full authority to enforce the terms and conditions of any public contract for information technology or telecommunications. The State Chief Information Officer must approve a state agency’s procurement for information technology or telecommunications if the procurement has an anticipated contract price of $1 million or more. The State Chief Information Officer may require the state agency to name the State Chief Information Officer as the contracting party on behalf of the State of Oregon in a procurement for information technology or telecommunications that has an anticipated contract price of $1 million or more. [2003 c.794 §7; 2005 c.625 §61; 2007 c.70 §68; 2007 c.197 §1; 2007 c.764 §3; 2009 c.397 §2; 2009 c.828 §13; 2011 c.658 §36; 2011 c.720 §73a; 2013 c.492 §29; 2015 c.167 §1; 2015 c. 243 §7; 2015 c.447 §4; 2015 c.807 §22; 2017 c.726 §1]
Note: The amendments to 279A.050 (Procurement authority) by section 17, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
279A.050 (Procurement authority). (1)(a) Except as otherwise provided in the Public Contracting Code, a contracting agency shall exercise all of the contracting agency’s procurement authority in accordance with the provisions of the Public Contracting Code.

(b)

If a contracting agency has authority under this section to carry out functions described in this section, or has authority to make procurements under a provision of law other than the Public Contracting Code, the contracting agency need not exercise the contracting agency’s authority in accordance with the provisions of the code if, under ORS 279A.025 (Application of Public Contracting Code), the code does not apply to the contract or contracting agency.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection and the Public Contracting Code, for state agencies the Director of the Oregon Department of Administrative Services has all the authority available to carry out the provisions of the Public Contracting Code.

(b)

Except as otherwise provided in the Public Contracting Code, for state agencies the director may delegate to the State Chief Information Officer the authority to procure or supervise the procurement of all goods, services and personal services related to information technology and telecommunications for state contracting agencies. This paragraph does not apply to contracts under which the contractor delivers to the state agency information technology products or services incidentally in performing a personal services contract described in ORS chapter 279C or a construction contract described in ORS chapter 279C.

(3)

Except as otherwise provided in the Public Contracting Code, the Director of Transportation has all the authority available to:

(a)

Procure or supervise the procurement of all services and personal services to construct, acquire, plan, design, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with any public transportation system in accordance with ORS 184.689 (Powers and duties of department) (5);

(b)

Procure or supervise the procurement of all goods, services, public improvements and personal services that relate to operating, maintaining or constructing highways, bridges and other transportation facilities that are subject to the authority of the Department of Transportation; and

(c)

Establish standards for, prescribe forms for and conduct the prequalification of prospective bidders on public improvement contracts that relate to operating, maintaining or constructing highways, bridges and other transportation facilities that are subject to the authority of the Department of Transportation.

(4)

Except as otherwise provided in the Public Contracting Code, the Secretary of State has all the authority to procure or supervise the procurement of goods, services and personal services related to programs under the authority of the Secretary of State.

(5)

Except as otherwise provided in the Public Contracting Code, the State Treasurer has all the authority to procure or supervise the procurement of goods, services and personal services related to programs under the authority of the State Treasurer.

(6)

The state agencies listed in this subsection have all the authority to do the following in accordance with the Public Contracting Code:

(a)

The Department of Human Services to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) for the department’s institutions and the procurement of goods, services and personal services for constructing, demolishing, exchanging, maintaining, operating and equipping housing for the purpose of providing care to individuals with intellectual disabilities or other developmental disabilities, subject to applicable provisions of ORS 427.335 (Authority of department to develop community housing);

(b)

The Oregon Health Authority to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) and construction materials, equipment and supplies for the authority’s institutions and the procurement of goods, services, personal services, construction materials, equipment and supplies for constructing, demolishing, exchanging, maintaining, operating and equipping housing for individuals with chronic mental illness, subject to applicable provisions of ORS 426.504 (Power of Oregon Health Authority to develop community housing for persons with chronic mental illness);

(c)

The State Department of Fish and Wildlife to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the State Department of Fish and Wildlife;

(d)

The State Parks and Recreation Department to procure or supervise the procurement of all goods, services, public improvements and personal services related to state parks;

(e)

The Oregon Department of Aviation to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Oregon Department of Aviation;

(f)

The Oregon Business Development Department to procure or supervise the procurement of all goods, services, personal services and public improvements related to its foreign trade offices operating outside the state;

(g)

The Housing and Community Services Department to procure or supervise the procurement of goods, services and personal services as provided in ORS 279A.025 (Application of Public Contracting Code) (2)(o);

(h)

The Department of Corrections to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Department of Corrections;

(i)

The Department of Corrections, subject to any applicable provisions of ORS 279A.120 (Preference for Oregon goods and services), 279A.125 (Preference for recycled materials), 279A.145 (Recycled product purchasing information) and 283.110 (Furnishing by state agency to another state agency of services, facilities and materials) to 283.395 (Driving state-owned vehicles for private purposes prohibited), to procure or supervise the procurement of goods, services and personal services under ORS 179.040 (General powers and duties) for its institutions;

(j)

The Department of Veterans’ Affairs to procure or supervise the procurement of real estate broker and principal real estate broker services related to programs under the department’s authority;

(k)

The Oregon Military Department to procure or supervise the procurement of construction materials, equipment, supplies, services and personal services for public improvements, public works or ordinary construction described in ORS 279C.320 (Contracts for construction other than public improvements) that is subject to the authority of the Oregon Military Department;

(L)

The Department of Education, subject to any applicable provisions of ORS 329.075 (Statewide implementation), 329.085 (Assessment of schools and school districts required) and 329.485 (Statewide assessment system) and the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802), to procure or supervise the procurement of goods, services, personal services and information technology related to student assessment;

(m)

The Department of Early Learning and Care to procure or supervise the procurement of goods, services, personal services and information technology related to early childhood; and

(n)

Any state agency to conduct a procurement when the agency is specifically authorized by any provision of law other than the Public Contracting Code to enter into a contract.

(7)

Intentionally left blank —Ed.

(a)

Notwithstanding this section and ORS 279A.140 (State procurement of goods and services) (1), the Director of the Oregon Department of Administrative Services has exclusive authority, unless the director delegates the authority, to procure or supervise the procurement of all price agreements on behalf of the state agencies identified in subsection (6) of this section under which more than one state agency may order goods, services or personal services.

(b)

The director may delegate to the State Chief Information Officer the exclusive authority to procure or supervise the procurement of all price agreements related to information technology and telecommunications on behalf of the state agencies identified in subsection (6) of this section. Notwithstanding any authority that a state agency may have under subsection (3) or (6) of this section, the state agency may not establish a price agreement or enter into a contract for goods, services or personal services without the approval of the director or the State Chief Information Officer if the director or the State Chief Information Officer has established a price agreement for the goods, services or personal services.

(c)

The State Chief Information Officer may review any solicitation document for procuring information technology or telecommunications that a state agency intends to issue before the state agency issues the solicitation document and may require the state agency to name the State Chief Information Officer as a third-party beneficiary with full authority to enforce the terms and conditions of any public contract for information technology or telecommunications. The State Chief Information Officer must approve a state agency’s procurement for information technology or telecommunications if the procurement has an anticipated contract price of $1 million or more. The State Chief Information Officer may require the state agency to name the State Chief Information Officer as the contracting party on behalf of the State of Oregon in a procurement for information technology or telecommunications that has an anticipated contract price of $1 million or more.

Source: Section 279A.050 — Procurement authority, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

279A.005
Short title
279A.010
Definitions for Public Contracting Code
279A.015
Policy
279A.020
Organization of Public Contracting Code
279A.025
Application of Public Contracting Code
279A.030
Federal law prevails in case of conflict
279A.050
Procurement authority
279A.055
Personal services contracts
279A.060
Local contract review boards
279A.065
Model rules generally
279A.070
Rules
279A.075
Delegation
279A.100
Affirmative action
279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own
279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract
279A.110
Discrimination in subcontracting prohibited
279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class
279A.120
Preference for Oregon goods and services
279A.125
Preference for recycled materials
279A.128
Preference for goods fabricated or processed within state or services performed within state
279A.130
Preference for exceeding Buy America requirements for transit projects
279A.140
State procurement of goods and services
279A.142
Limitation of competition
279A.145
Recycled product purchasing information
279A.150
Procurement of goods containing recycled polyethylene material
279A.155
State procurement of paper
279A.157
State contracting agency use of contract form, contract template or solicitation template
279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies
279A.161
Review and verification of advice and recommendations concerning procurements
279A.165
Report concerning special procurements
279A.167
Certification program for training in pay equity provisions of state law
279A.180
Purchases through federal programs
279A.185
Local contracting agency arrangements for use or disposition of personal property authorized
279A.190
Transfers of fire protection equipment between fire departments
279A.200
Definitions for ORS 279A.200 to 279A.225
279A.205
Cooperative procurements authorized
279A.210
Joint cooperative procurements
279A.215
Permissive cooperative procurements
279A.220
Interstate cooperative procurements
279A.225
Protests and disputes
279A.250
Definitions for ORS 279A.250 to 279A.290
279A.255
Inspection, appraisal and inventory of state property
279A.260
Powers and duties of department
279A.265
Use of Oregon Department of Administrative Services Operating Fund
279A.270
Contracts with federal government for accepting gifts and acquiring surplus property
279A.275
Leasing of state property
279A.280
Disposal of surplus property
279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
279A.290
Miscellaneous receipts accounts
279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021
279A.990
Penalties
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