1. (1) Notwithstanding the provisions of ORS 279B.033 (2)(a), a contracting agency may proceed with a procurement if the contracting agency reasonably determines in writing that using the contracting agency’s own personnel or resources to perform the services that the contracting agency intends to procure is not feasible. The contracting agency may make the determination described in this subsection without conducting a cost analysis under ORS 279B.033 if the contracting agency finds that:

   1. (a) The contracting agency lacks the specialized capabilities, experience or technical or other expertise necessary to perform the services. In making the finding, the contracting agency shall compare the contracting agency’s capability, experience or expertise in the field most closely involved in performing the services with a potential contractor’s capability, experience or expertise in the same or a similar field.

   2. (b) Special circumstances require the contracting agency to procure the services by contract. Special circumstances may include, but are not limited to, circumstances in which:

      1. (A) The terms under which the contracting agency receives a grant or other funds for use in a procurement require the contracting agency to obtain services through an independent contractor;
      2. (B) Other state or federal law requires the contracting agency to procure services through an independent contractor;
      3. (C) The procurement is for services that are incidental to a contract for purchasing or leasing real or personal property, including service and maintenance agreements for equipment that is leased or rented;
      4. (D) The contracting agency cannot accomplish policy, administrative or legal goals, including but not limited to avoiding conflicts of interest or ensuring independent or unbiased findings in cases when using the contracting agency’s existing personnel or persons the contracting agency could hire through a regular or ordinary process would not be suitable;
      5. (E) The procurement is for services to which the provisions of ORS 279B.080 apply;
      6. (F) The procurement is for services, the need for which is so urgent, temporary or occasional that attempting to perform the services with the contracting agency’s own personnel or resources would cause a delay that would frustrate the purpose for obtaining the services; or
      7. (G) The services that the contracting agency intends to procure will be completed within six months after the date on which the contract for the services is executed.
2. (2) A finding or determination and supporting documentation for a finding or determination made under this section is a public record.

[2009 c.880 §4]