OPBC Study Guide Flashcards
ORS 279A.140
State procurement of goods and services
he Oregon Department of Administrative Services shall conduct all procurements and administer the contracting for goods, services and personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, for state agencies unless a state agency is specifically authorized by ORS 279A.050 (Procurement authority) or provisions of law other than the Public Contracting Code to enter into a contract. The authority described in this subsection may be delegated in whole or in part in accordance with ORS 279A.075 (Delegation).
A personal services contract is not valid or effective without the written approval of the department unless:
(A)The contract is authorized under ORS 279A.050 (Procurement authority); or
(B)The department has delegated authority to the contracting agency under ORS 279A.075 (Delegation) to make the personal services contract.
ORS 279A.050
Procurement authority
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.
ORS 279A.010
Definitions for Public Contracting Code
BIDDER
A person that submits a bid in response to an invitation to bid
CONTRACTING AGENCY
public body authorized by law to conduct a procurement.
“Contracting agency” includes, but is not limited to, the Director of the Oregon Department of Administrative Services and any person authorized by a contracting agency to conduct a procurement on the contracting agency’s behalf. “Contracting agency” does not include the judicial department or the legislative department.
DAYS
means calendar days
DEPARTMENT
means Oregon Department of Administrative Services
DIRECTOR
Director of DAS or a person designated by the director to carry out the authority of the director under the Pubic Contracting Code
EMERGENCY
Circumstance that:
1, Could not have been reasonably foreseen
2. Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare of safety
3. Require prompt execution of a contract to remedy the condition
ENERGY SAVING PERFORMANCE CONTRACT
A public contract between a contracting agency and qualified energy service company for the recommendation of energy saving measures
EXECUTIVE DEPARTMENT
ubject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “executive department” means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not:
(a)In the judicial department or the legislative department;
(b)Local governments; or
(c)Special government bodies.
(2)Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “executive department” includes:
(a)An entity created by statute for the purpose of giving advice only to the executive department and that does not have members who are officers or employees of the judicial department or legislative department;
(b)An entity created by the executive department for the purpose of giving advice to the executive department, if the document creating the entity indicates that the entity is a public body; and
(c)Any entity created by the executive department other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the executive department. [2001 c.74 §4; 2013 c.1 §102]
GOODS
includes supplies, equipment, materials, personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, and combinations of any of the items identified in this paragraph.
GRANT
An agreement under which a contracting agency receives moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the contracting agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions; or
(ii)An agreement under which a contracting agency provides moneys, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the contracting agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.
JUDICIAL DEPARTMENT
Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “judicial department” means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation.
(2)Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “judicial department” includes:
(a)An entity created by statute for the purpose of giving advice only to the judicial department and that does not have members who are officers or employees of the executive department or legislative department;
(b)An entity created by the judicial department for the purpose of giving advice to the judicial department, if the document creating the entity indicates that the entity is a public body; and
(c)Any entity created by the judicial department other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the judicial department. [2001 c.74 §5]
LEGISLATIVE DEPARTMENT
Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “legislative department” means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation.
(2)Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state “legislative department” includes:
(a)An entity created by statute for the purpose of giving advice only to the legislative department and that does not have members who are officers or employees of the executive department or judicial department;
(b)An entity created by the legislative department for the purpose of giving advice to the legislative department, but that is not created by statute, if the document creating the entity indicates that the entity is a public body; and
(c)Any entity created by the legislative department by a document other than a statute and that is not an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the legislative department. [2001 c.74 §6]
ADDENDUM
A written document, issued by a procuring agency after release of a solicitation and prior to the closing date that modifies any aspect of the solicitation.
AWARD
Acceptance of a bid or proposal by a procuring agency, identifying the successful bidder or proposer with whom the agency intends to enter into a contract following the resolution of any protest of the agency’s selection of that bidder or proposer and the completion of all contract negotiations.
AMENDMENT
A written modification to the terms and conditions of a contract. An amendment requires mutual agreement among all parties to the contract. An amendment can add, remove or update the terms and conditions of a contract, provided the amendment is within the general scope of the original procurement.
BID
An offer submitted by prospective suppliers in response to an Invitation to Bid or a competitive offer to purchase advertised Surplus Property at a price specified by the bidder.
AGREEMENT
An understanding between parties, found in their language or inferred from circumstances as well as rules, statutes, regulations and procedures that have the effect of an agreement. An agreement can be formalized through a contract, which in turn, creates a legal obligation.
BID OPENING
The date, time and place specified in the solicitation document for the public opening of sealed bids, usually in the presence of one or more witnesses where the names of the bidders and the amounts of their bids responding to an Invitation to Bid are read aloud and recorded.
BIDDER
A person who submits a bid in response to an Invitation to Bid. In judicial review of contract protests, “Bidder” also includes persons who submitted proposals in response to requests for proposals.
Certification Office for Business Inclusion and Diversity COBID
The office administering the certification process for the Disadvantaged Business Enterprise (DBE), Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), Service Disabled Veteran-owned Business (SDVOB), and Emerging Small Business (ESB) Programs. Formerly called the “Office of Minority, Women, and Emerging Small Business” or “OMWESB.”
CLOSING
The date and time specified in a solicitation document as the deadline for submitting proposals.
CODE
The Public Contracting Code meaning ORS Chapters 279A, 279B and 279C.
CONSULTANT
A person who is uniquely qualified to perform a specialized service, such as Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services as defined in ORS 279C.115 and information technology with whom an agency enters into a contract to confer, deliberate, and provide advice or opinion on one or more subjects.
COMPETETIVE RANGE
The established threshold for scores that will be acceptable to a procuring agency for continued consideration in the procurement process or for negotiations. Proposals that are not within the competitive are given no further consideration.
COMPETITIVE SEALED BIDDING
Sourcing method (refer to ORS 279B.055) used to acquire products or services based solely on the price offered in response to the criteria described in an Invitation to Bid.
COMPETITIVE SEALED PROPOSALS
Sourcing method (refer to ORS 279B.060) used to acquire products or services based on the relative importance of price and other factors a procuring agency may use to evaluate and rate proposals as described in a Request for Proposals.
CONTRACT
A written agreement between two or more parties that creates a legally enforceable obligation to do or not do a particular thing, and with requisite characteristics of competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. For the purpose of this manual, “Contract” means Public Contract.
