Or. Admin. R. 291-160-0310 – Opportunity Buys

(1) DOC may procure goods without a competitive process as an “Opportunity Buy” as set forth in this rule.
(2) DOC may procure goods up to $150,000.00 as an Opportunity Buy when all of the following conditions are present:
1. (a) The proposed unit price of the item(s) to be purchased is significantly less than a comparable item's price on an existing DOC mandatory use Contract or any recent Bid and the amount saved exceeds any additional administrative costs incurred to purchase the goods;
2. (b) The goods being purchased have limited availability (i.e., the goods may no longer be available upon completion of normal Bid processes);
3. (c) The purchase does not jeopardize fulfillment of a guaranteed minimum volume under an existing DOC mandatory use Contract; and
4. (d) The Director or designee approves the Opportunity Buy in Writing and documents the approval in the Contract file, if over $50,000.
(3) Documentation.
1. (a) DOC must ensure that all Opportunity Buy Contracts are in Writing.
2. (b) DOC must document in its procurement file:
  1. (A) The Contract or Bid pricing used for comparison; or
  2. (B) The last purchase price or current market price of the same or similar goods currently being purchased.
(4) DOC may not cancel a solicitation that has been released to the public in order to take advantage of an Opportunity Buy for the same goods.
(5) Nothing in this rule waives the Department of Justice legal sufficiency review, if applicable, under ORS 291.047.

ORS 179.040, 421.438, 423.020, 423.030 & 423.075

ORS 179.040, 421.438, 423.020, 423.030 & 423.075