Oregon procurement manual

The choice of procurement method is a critical decision in purchasing products and services. In some cases the procuring agency may be able to locate an item through surplus, the Qualified Rehabilitation Facility program, inmate labor, or an existing price agreement to meet its procurement need. In other situations the procuring agency may need to determine which procurement method best fits its need.
 
The Buy Decision priority table below provides a sequence of priority that an agency must follow in determining an appropriate source for a procurement need.

Buy Decision priority

​Is this available through? ​Description
​1. Surplus Property
​Surplus provides a central repository for the collection, reutilization, and public sale of excess and surplus property and vehicles for all state agency and public entities. An agency must look to see if the products are available through surplus before going out to the open market. Refer to the full section on Surplus Property for more information.
​2. Qualified Rehabilitation Facility Program (QRF)
​A Qualified Rehabilitation Facility (QRF) is a non-profit rehabilitation organization employing individuals with disabilities. QRFs provide services such as janitorial services, recycling services, food and beverage services, temporary staffing services, etc. An agency must assess the availability of products or services from a QRF before going out to the open market. Refer to the full section on Qualified Rehabilitation Facility Program for more information.
​3. Inmate labor
​Oregon Corrections Enterprises (OCE) provides full-time work or on-the-job training to inmates. OCE provides products and services such as furniture, office setting, signs, park equipment, printing services, call centers, and laundry services. An agency must consider products or services from OCE before going out to the open market. Refer to the full section on Inmate Labor for more information.
​4. DAS Statewide Price Agreements
​An agency is required to purchase products and services from DAS Statewide Price Agreements when other steps in the Buy Decision do not yield results. An agency may purchase products or services from a price agreement, and may conduct a competitive process within a multiple award agreement. Most commonly used products and services are found on the price agreements. Refer to the full section on DAS Statewide Price Agreements for more information.
​5. Open market
​If steps 1-4 of the Buy Decision do not yield results, an agency may procure needed products and services through the open market. Open market methods are described below.
Note: The Buy Decision priority outlines the order described in OAR 125-247-0200(2)(a)-(d). If a higher priority source satisfies a procurement need, and law requires the use of that source, the agency must procure through that higher priority source and may not elect to procure through a lower priority source.
 
The priority does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement, Intergovernmental Agreement, Interstate Agreement, International Agreement, or Tribal Agreement (refer to OAR 125-246-0365). An agency may elect to use an ORS 190 Agreement at any time.
 

Open market methods

​Question ​Method
​Is procurement less than or equal to $10,000?
If yes, select method 1, otherwise refer to method 2.
​1. Small Procurement
Procurement of products and services may be obtained by a direct purchase or other non-competitive process. Refer to the full section on Small Procurement for more information.

​Is procurement more than $10,000 but less than or equal to $150,000?
If yes, select method 2, otherwise refer to Competitive Sealed Proposals or Competitive Sealed Bidding methods.
​2. Intermediate Procurement
An agency has the authority to conduct competitive solicitations for intermediate procurements for products and services and must advertise them using the Oregon Procurement Information Network (ORPIN). Refer to the full section on Intermediate Procurement for more information.
 
Competitive Sealed Proposals or Competitive Sealed Bidding
These methods of solicitation use a Request for Proposal (RFP) or Invitation to Bid (ITB) document. Contracts with a value exceeding $150,000 must receive legal sufficiency approval from DOJ. This review is intended to ensure contracts contain all the elements to make the agreement legally binding.
 
​Is procurement award based on any factors other than price?
If yes, select method 3, otherwise refer to method 4.
​3. Competitive Sealed Proposals (RFP)
The RFP process typically used when seeking personal or professional services. Awards are based upon a variety of evaluation factors that are listed in each respective RFP document. Refer to the full section on Competitive Sealed Proposal (RFP) for more information.

​4. Competitive Sealed Bidding (ITB)
The basis for award in this process is a responsive bid at the best price. Refer to the full section on Competitive Sealed Bidding (ITB) for more information.

Other methods

 
​Question ​Method
​Does procurement meet criteria for Sole Source?
If yes, select method 5, otherwise refer to methods 1-4.
​5. Sole Source criteria
Efficient use of existing products requires compatibility, data exchange capability, use in a pilot, or other findings limiting source.
Sole Source Procurement
Statute allows Sole Source procurements in circumstances where an agency determines, based on written findings of fact, that the products and services, or class of products or services, are available from only one provider. Refer to the full section on Sole Source Procurement for more information.

​Does procurement meet criteria for Emergency?
If yes, select method 6, otherwise refer to methods 1-4.
​6. Emergency criteria
Limited to circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services or threat to public health or safety.
Emergency Procurement
Regardless of the contract amount, the agency must encourage competition that is reasonable and appropriate under the Emergency circumstance.
The agency must describe and document the needed products or services. The documentation must describe the contract scope that adequately addresses, and is limited to the risk - created or anticipated - by the Emergency circumstance. Refer to the full section on Emergency Procurement for more information. 

​Does the procurement meet criteria for Special Procurement?
If yes, select method 7, otherwise refer to methods 1-4.
​7. Special Procurement criteria
Limited to procurements where an agency determines that the public or the agency will benefit and competition will not be harmed.
Special Procurement
Applicable to single or related contracts on a one-time basis or a series of contracts over time or for multiple projects, this procedure is exempted from open market procedures. The State Chief Procurement Officer must preapprove all new or amended special procurements. Refer to the full section on Special Procurement for more information.