2015 ORS 279B.030¹
Demonstration that procurement will cost less than performing service or that performing service is not feasible
  • exemptions

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to materials that state contracting agencies must provide in connection with an information technology procurement; creating new provisions; amending ORS 279B.030; and declaring an emergency.

(1) Except as provided in ORS 279B.036 (Determination of feasibility of procurement), before conducting a procurement for services with an estimated contract price that exceeds $250,000, a contracting agency shall:

(a) Demonstrate, by means of a written cost analysis in accordance with ORS 279B.033 (Contents of cost analysis), that the contracting agency would incur less cost in conducting the procurement than in performing the services with the contracting agency’s own personnel and resources; or

(b) Demonstrate, in accordance with ORS 279B.036 (Determination of feasibility of procurement), that performing the services with the contracting agency’s own personnel and resources is not feasible.

(2) If a local contracting agency authorizes a department, bureau, office or other subdivision of the local contracting agency to conduct a procurement on behalf of another department, bureau, office or subdivision of the local contracting agency, the department, bureau, office or subdivision on whose behalf the procurement is conducted shall comply with the requirement set forth in subsection (1) of this section.

(3) Subsection (1) of this section does not apply to:

(a) A local contracting agency or a local contract review board for a city that has a population of not more than 15,000 or a county that has a population of not more than 30,000;

(b) A community college that enrolls not more than 1,000 full-time equivalent students, as defined in ORS 341.005 (Definitions for chapter);

(c) A special district, as defined in ORS 198.010 ("District" defined for chapter), a diking district formed under ORS chapter 551 and a soil and water conservation district organized under ORS 568.210 (Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933) to 568.808 (Taxing district to file legal description and map);

(d) The Port of Portland; or

(e) Procurements for client services, as defined in OAR 125-246-0110. [2009 c.880 §2]


1 Legislative Counsel Committee, CHAPTER 279B—Public Contracting - Public Procurements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.