1. (1) Purpose: The purpose of this division is to establish a comprehensive framework governing the Oregon Parks and Recreation Department’s (OPRD) procurement processes. Pursuant to the authority granted under ORS 279A.025(3)(k), these rules enable the department to develop and implement its own contracting and purchasing procedures. The intent is to ensure consistency in procurement practices, safeguard the interests of the department, and promote fairness and transparency in its engagement with the business community.

   1. (a) This division applies to OPRD’s procurement of goods and services in accordance with ORS 279A.025(3)(k). The intent of these rules is to identify exemptions from public contracting code as identified in ORS 279A.025(3)(k) except as identified in ORS 279A.250 to ORS 279A.290.
   2. (b) The department’s contracting activities related to information technology, photogrammetric mapping, or telecommunications will comply with the Department of Administrative Services (DAS) Enterprise Information Services (EIS) investment oversight processes.
   3. (c)This division applies to OPRD’s procurement of printing and printing purchase exemptions in accordance with ORS 282.020(1). The intent of these rules is to allow the department the authority to seek the most cost effective, printing services for the products needed while still complying with ORS 282.210 to 282.230 as required of all public agencies.
2. (2) In addition to the source selection methods set forth in this division, the department may enter into contracts for the types of goods and services described by any method the department determines is reasonable in the circumstances, including by Direct Award and negotiation.

3. (3) Reservation of Rights: Except as set forth in ORS 279A.025(3)(k), OPRD is exempt from the provisions of ORS chapters 279A, 279B and 279C, which govern public contracting and procurement, OPRD reserves the right to consult the following as guidance in making procurement decisions:

   1. (a) ORS chapters 279A, 279B and 279C;
   2. (b) The Attorney General’s Model Public Contract Rules (OAR chapter 137, divisions 46, 47, 48, and 49);
   3. (c) The DAS established Public Contracting Rules (OAR chapter 125, divisions 246, 247, 248, and 249) including but not limited to the use of the state electronic procurement tools;
   4. (d) Any written opinions issued by the courts of the State of Oregon interpreting any of the foregoing; and
   5. (e) The provisions set forth in the foregoing statutes, administrative rules, and interpretations thereof are not binding on the department, but the department may refer to such statutes, administrative rules, and interpretations for guidance in the interpretation and administration of procurements subject to this division. The department will document in the procurement file the extent to which it relied on the foregoing statutes, administrative rules, or interpretations as guidance for its decisions related to the procurement.

Statutory/Other Authority

ORS 279A.025(3)(k) & ORS 282.020

Statutes/Other Implemented

ORS 279A.025(3)(k) & ORS 282.020

History

PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025
PRD 16-2009, f. & cert. ef. 12-4-09
PRD 12-2008, f. & cert. ef. 12-15-08
PRD 1-2007, f. & cert. ef. 2-7-07