What is an Intermediate Procurement?
An Intermediate Procurement is a competitive solicitation for products or services with a contract value exceeding $10,000 but not more than $150,000. For this type of procurement, an agency must seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors and must post a notice of competitive solicitation through OregonBuys.
When to use Intermediate Procurement
Agencies must make their Buy Decision in the priority order specified in administrative rule. Before selecting an open market method, such as Intermediate Procurement, an agency must first determine that the procurement need cannot be met through a higher priority.
An agency must consider the total cost over the life of the contract in determining the procurement type. An Intermediate Procurement process may be used when the contract award is greater than $10,000 but does not exceed $150,000. In certain instances, an agency may exceed this threshold where the bids or proposals to a solicitation minimally exceed the Intermediate Procurement threshold despite an initial good faith estimate that the procurement would be equal to or less than $150,000. In these instances, the agency must document the basis for the original estimate under $150,000 and the process used. In addition, if the value of the contract exceeds $150,000, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
An agency must not fragment or otherwise divide awards for the purpose of keeping the value of the procurement below $150,000. If there is a reasonable chance that an agency may amend the contract so that it exceeds $150,000, then it should consider other procurement methods.
How to process Intermediate Procurements
An agency can select among the following methods to solicit three quotes or proposals for an Intermediate Procurement:
- Request for Quote – An agency can use this method to request and document informal quotes. Quotes can be solicited by email, phone or fax.
- Invitation to Bid – An agency can use this method to request responses to a more detailed specification. Bids can be solicited through this method by email, phone or fax.
- Intermediate Request for Proposals – An agency can request informal proposals using this method to provide a detailed scope of work. Responses to an Intermediate Request for Proposals can be received by email, in person or through the mail.
Resource: DAS Procurement Services has provided templates for soliciting informal quotes or proposals.
The Intermediate Procurement process is characterized by a shorter posting period, with consideration for a minimum seven-day posting for procurements exceeding $100,000. This period, however, may be shortened if the agency determines that it is in the public’s interest and it will not substantially affect competition. A protest period, if any, is at the discretion of the agency DPO.
Best value may serve as the basis for contract award of an Intermediate Procurement. In other words, an agency may take price into account, as well as other considerations including experience, expertise, product functionality, suitability, and contractor responsibility.
Intermediate Procurement offers an agency some flexibility in the procurement process such as incorporating provisions for multiple interview rounds into the solicitation. Procurement activities, including pre-proposal conferences, site visits, product demonstrations and negotiations are permitted as long as they are disclosed in the solicitation.
Note: If the cumulative value of the original contract price and all amendments exceeds either $150,000 or 125 percent of the original contract price (whichever is greater), an agency must obtain prior approval according to the
Special Procurement process.
Eliminate Buy Decision procurement methods
|
1. Determine if the needed product or service can be fulfilled using mandatory methods outlined in the Buy Decision.
- If yes, use the appropriate mandatory method of procurement.
- If no, determine contract value to assess appropriate open market method.
|
| Determine contract value |
1. Is the total life cycle cost, including amendments, within the Intermediate Procurement threshold?
- If yes, conduct Intermediate Procurement.
- If no, assess alternative procurement methods.
Note: To determine the total life cycle cost of the procurement an agency should consider among other costs:
- Shipping and freight.
- Taxes.
- Installation costs.
- Maintenance costs.
|
| Conduct procurement |
1. Solicit a minimum of three quotes, bids, or proposals as applicable from suppliers.
- Verbal quotes must be documented and included in the procurement file.
- In some cases where three quotes or proposals are not reasonably available, fewer will suffice. The agency must document the effort it took to obtain the quotes or proposals and include it in the procurement file.
2. Post a notice of competitive solicitation through OregonBuys.
- If the contract value will exceed $100,000, the agency should allow for a minimum seven-day posting period, unless the agency determines that it is in the public's interest and it will not substantially affect competition.
Note: Agencies must use OregonBuys to invite certified COBID firms to participate in the solicitation process (refer to OAR 125-246-0500 and DAS Statewide Policy 107-009-030).
Conducting solicitations through OregonBuys will also provide timely notice and information to the Governor's Policy Advisor for Economic and Business Equity regarding bid or proposal solicitations and contract awards (refer to ORS 200.035).
|
| Award contract |
Award and execute contract according to agency-designated authority.
|
| Update procurement file |
File applicable documentation of the purchase in the procurement file. |
| Conduct legal sufficiency review, if applicable |
If all quotes or proposals minimally exceed the Intermediate Procurement threshold, the agency must submit the final negotiated contract to the Attorney General for the required legal sufficiency review.
|