Attachment I - RFP No. S-18900-00014589_Final.pdf

Oregon Judicial Department Policy Statement

Subject Area:

Business and Fiscal Management Secondary Subject Area

Purchasing

Policy Statement Name:

General Procurement – Interim Policy Issued By:

Business and Fiscal Services Division, Central Procurement Section

Approved By: Date:

04/22/2025

Number:

020.70.01

Effective Date:

04/23/2025

PURPOSE: The objective of this policy statement and accompanying procedures is to:

• Establish the procurement and contracting practices for the Oregon Judicial Department (OJD) pursuant to ORS 1.002, 1.008(3), and 8.125(10);

• Promote public confidence in the procurement and contracting practices of OJD;

• Ensure good stewardship of taxpayer funds;

• Provide for increased economy, efficiency, and flexibility in the procurement and contracting practices of OJD; and

• Foster equitable, consistent, and accountable purchasing and contracting practices.

TYPE: Mandatory Policy. A policy statement that all OJD personnel must follow unless the policy statement makes a specific exception or the Chief Justice, State Court Administrator (SCA), or designee authorizes an exception in writing.

Goods or services shall only be procured in accordance with this procurement policy. OJD employees and judges shall only procure goods and services pursuant to the current Delegation of Procurement Authority and Signature Authorization and the Procedures for General Procurement Policy (No. 020.70.01-Pr1).

PRIMARY AFFECTED PERSONS: This policy applies to all OJD personnel who are involved in the procurement and contracting of goods or services or both utilizing OJD funds and resources.

Attachment I - OJD's General Procurement - Interim Policy OJD RFP No. S-19800-00014589

Policy Statement Name:

General Procurement – Interim Policy Number:

020.70.01 Effective Date:

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TABLE OF CONTENTS

Page

POLICY DEFINITIONS AND TERMS:

POLICY:

I. Authority; Delegation; General Policies; Reservation of Rights

A. Authority

B. General Policies

1. Basic Principles

2. Business Equity, Inclusion, and Engagement

3. Ethical Duties and Avoiding Conflicts of Interest

4. Contract Approvals

C. Reservation of Rights

II. Procurement Overview

A. Programmatic Approval

B. Budgetary Approval

C. Procurement Threshold and Source Selection

D. Compliance Review

E. Contract Administration

III. Procurement Thresholds

A. Small Procurements ($0–$50,000)

B. Intermediate Procurements (Over $50,000–$250,000)

C. Formal Procurements (Over $250,000)

D. Calculation of Threshold Amount

1. Calculation of the Cost of Goods

2. Calculation of the Cost of Services

3. Artificial Fragmentation

4. Multi-Year Contracts

IV. Source Selection Options

A. Prior to Open Market

1. Surplus Property

2. Oregon Corrections Enterprises

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3. Oregon Forward Contractors

4. Statewide Price Agreements

5. Contracts with other Governmental Entities

B. Open Market

1. Small Procurements ($0–$50,000)

2. Intermediate Procurements (Over $50,000–$250,000)

3. Formal Procurements (Over $250,000)

4. Alternative Procurements

C. Exemptions from Source Selection Requirements

1. Single-Source Procurements

2. Emergency Procurements

3. Chief Justice or SCA Exemption

D. Exceptions from Source Selection Requirements

V. Solicitation Requirements

A. Specifications

1. Brand Name or Equal Specification

2. Brand Name Specification

3. Public Works Projects

B. Responsibility of Offerors

1. Business Qualifications

2. Record of Performance

3. Record of Integrity

4. Legally Qualified

5. Necessary Information

C. Public Notice of Solicitation Documents

1. Small and Intermediate Procurements

2. Formal Procurements

D. Protest of Award

1. Delivery

2. Content of Protest

3. OJD’s Response

VI. Contracts

A. Contract Documents

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1. Contracts $5,000 and Under

2. Contracts in Excess of $5,000

B. Contract Modifications and Renewals/Amendments

1. Small Procurement

2. Intermediate Procurement

3. Formal Procurement

VII. Legal Review and Approval

A. OGC Review and Approval

1. General

B. Exemptions from OGC Review and Approval

1. General

2. Reservation of Right to Review

PROCEDURES:

LIST OF REFERENCES:

HISTORY:

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POLICY DEFINITIONS AND TERMS:

For standard definitions that appear in most OJD policies, click here.

Alternative Procurement A procurement of goods or services or both in accordance with section IV.B.4 of this policy.

Amendment A written modification to a contract.

Artificial Intelligence (AI) As defined in 15 U.S.C. § 9401(3).

Award Either the act or occurrence of OJD’s identification of the person with whom OJD will enter into a contract in accordance with the award criteria outlined in the solicitation document.

Bid An offer in response to an invitation to bid.

Bidder A person who submits an offer in response to an invitation to bid.

Brand Name Specification A specification using one or more manufacturers’ brand names, with associated model numbers, to describe the acceptable items; all other items will be excluded.

Brand Name or Equal Specification

A specification using one or more manufacturers’ brand names, with associated model numbers, to describe the standards of quality, performance, and other characteristics needed to meet the requirements of a solicitation document, and which invites offers for equivalent products from any manufacturer.

Central Procurement The Central Procurement Section within the Business and Fiscal Services Division of the Office of the State Court Administrator of the Oregon Judicial Department.

Clickwrap Agreement An agreement for goods or services other than information technology that users agree to by clicking on a button on a website, checking a box on a website, or by ordering from the website.

COBID Business Oregon’s Certification Office for Business Inclusion and Diversity.

Attachment I - OJD's General Procurement - Interim Policy https://ojdsp/osca/esd/ope/policies/Lists/PolicyStatements/DispForm.aspx?ID=25&Source=https%3A%2F%2Fojdsp%2Fosca%2Fesd%2Fope%2Fpolicies%2FLists%2FPolicyStatements%2FSubject%2Easpx&ContentTypeId=0x0100989D2819526B254A8D65C0A6271C0618

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COBID Certified Firm An Oregon business that holds a current certification through COBID as a minority-owned, women-owned, service-disabled veteran-owned, or an emerging small business.

Competitive Process The process of soliciting offers from more than one vendor.

Construction-Related Services Contract

A contract for services relating to construction, alteration, installation of furnishings (including systems furniture and free-standing furniture) and equipment (including audio-visual equipment), or repair of buildings, structures, or other real property. Construction-related services contract may include public works.

Contract An agreement between two or more parties that creates a legally enforceable obligation to do or not do a particular thing such as the purchase, lease, rental, or other acquisition or sale or other disposal by OJD of goods or services. A contract includes purchase orders.

Contract Administration All functions related to a given contract between OJD and a contractor. This includes all functions from the time the contract is awarded, including any amendments, through the completion and acceptance of the work or until the contract is terminated, payment has been made, and any disputes have been resolved.

Contractor The person with whom OJD enters into a contract.

Court-Related Services Services provided directly to court users and litigants that directly support the mission and work of the courts including but not limited to mediation services, probation monitoring services, and electronic monitoring services.

Data Share Agreement A contract for sharing data between OJD and another person.

Days Calendar days, including weekdays, weekends, and holidays.

Department of Administrative Services (DAS)

The Department of Administrative Services of the executive branch of state government.

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Emergency Procurement A procurement of goods or services or both in accordance with section IV.C.2 of this policy.

Enterprise Technology Services Division (ETSD)

The Enterprise Technology Services Division in the Office of the State Court Administrator of the Oregon Judicial Department.

Formal Procurement A procurement of goods or services or both with anticipated total order value in excess of $250,000 in accordance with section IV.B.3 of this policy.

Goods Items other than real property or services, including any combination of supplies, equipment, materials, products, and personal property, including any tangible, intangible, and intellectual property and related rights and licenses related to the item.

Grant Agreement For the definition of this term, please refer to the OJD Grant and Other Funding Opportunities Policy (No. 020.10.05).

Grant Award For the definition of this term, please refer to the OJD Grant and Other Funding Opportunities Policy (No. 020.10.05).

Information Technology (IT) Any system, hardware, software, including maintenance, telecommunications, or IT cloud computing, that provides resources for, or is used in the course of business, and all associated activities and services that is purchased with OJD funds to connect to the OJD network, cloud, or system(s) or otherwise maintained by OJD. Information technology includes artificial intelligence.

IT Cloud Computing As defined by the National Institute of Standards and Technology (NIST), the process of enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. Currently cloud computing has five essential characteristics (on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service), three service models (software as a service (SaaS), platform as a service (PaaS), and infrastructure as a service (IaaS)), and four deployment models (private, community, public, and hybrid).

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Interagency Agreement (IAA) Any contract solely between state officers, boards, commissions, departments, institutions, branches, or agencies of the State of Oregon.

Intergovernmental Agreement (IGA)

Any contract between OJD and a unit of local government of the State of Oregon, the United States, a United States governmental agency, an American Indian tribe or an agency of an American Indian tribe, a unit of local government or state agency of another state, or a nation or public agency in any nation other than the United States.

Intermediate Procurement A procurement of goods or services or both with a total order value between $50,001 and $250,000 in accordance with section IV.B.2 of this policy.

Invitation to Bid (ITB) A solicitation document that includes all documents, whether attached or incorporated by reference, used for soliciting bids using a competitive sealed bidding process in which award is based solely on price.

Legal Services Agreement A contract for personal services relating to existing or potential litigation or legal matters in which OJD is or may become interested.

Memorandum of Understanding (MOU)

Any written agreement showing the parties intent to work together for some common purpose. An MOU is neither a contract nor a legally binding document. More information on MOUs may be found in OJD Office of General Counsel’s Guidelines on Memoranda of Understanding.

Offer A response to a solicitation document.

Offeror A person who submits an offer.

Office of General Counsel

(OGC)

Office of General Counsel in the Office of the State Court Administrator of the Oregon Judicial Department.

Oregon Forward Contractor An organization operating as a Community Rehabilitation Program as defined in and that meets the requirements of

OAR 125-055-0005–125-055-0045.

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Oregon Forward Program An Oregon state government procurement program created by ORS 279.835–279.855 and administered by Oregon Department of Administrative Services promoting meaningful job opportunities for adults living with disabilities. This program was formerly known as the Qualified Rehabilitation Facility (QRF) Program.

Person An individual, corporation, association, firm, partnership, limited liability company, and joint stock company.

Personal Services The furnishing of labor that involves specialized skill, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment, including, without limitation, a contract for the services of an accountant, physician or dentist, educator, broadcaster, artist (including a photographer, filmmaker, painter, weaver, or sculptor), or consultant.

Procurement Policy OJD’s General Procurement Policy (No. 020.70.01).

Proposal An offer submitted in response to a request for proposal.

Proposer A person who submits an offer in response to a request for proposal.

Public Works As defined in Oregon’s Prevailing Rate of Wage Laws contained in ORS 279C.800–279C.870.

Quote An offer in response to a request for quote.

Responsible or Responsibility

Meeting the standards identified in section V.B of this policy. This definition also applies to “responsible bidder,” “responsible proposer,” and “responsible offeror.”

Responsive Substantially complying in all material respects with applicable solicitation document requirements.

Request for Proposal (RFP) A solicitation document that includes all documents, whether attached or incorporated by reference, used for soliciting proposals using either an informal (small or intermediate procurements) or a competitive sealed proposal process in which award is based on a variety of factors including, but not limited to, price.

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Request for Quote (RFQ) A solicitation document that includes all documents used to solicit quotes in which award is based solely on price.

Rights-Impacting or Safety- Impacting AI

Artificial intelligence (AI) is rights-impacting or safety-impacting if the AI’s output:

• Serves as a basis for decision or action that has a legal, material, or similarly significant effect on an individual’s or community’s civil rights, civil liberties, privacy, or equitable access to programs, resources, or services where civil rights and equal opportunity protections apply; or

• Has the potential to meaningfully impact the safety of human life or well-being by causing serious injury or bodily harm, biological or chemical harms, occupational hazards, harassment, abuse, or mental health consequences.

In making this assessment, individual and community aspects of these harms and the safety of critical infrastructure, strategic assets, and resources must be considered.

Services The furnishing of labor by a contractor. “Services” includes personal services, information technology services, construction-related services, and trade services.

Scope The range and attributes of the goods or services described in the applicable solicitation document or, if no solicitation document, in the contract.

Single-Source Procurement A procurement of goods or services or both in accordance with section IV.C.1 of this procurement policy.

Small Procurement A procurement of goods or services or both with a total order value not exceeding $50,000 in accordance with section IV.B.1 of this policy.

Solicitation Document A request for quote, invitation to bid, request for proposal, or alternative procurement document issued to invite offers from prospective contractors.

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Specification Any description of the requirements, including physical or functional characteristics of goods or services, and including any requirement for inspecting, testing, or preparing goods or services for delivery and the quantities of materials to be furnished under a contract.

Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the work to be performed.

Statewide eProcurement System

The State of Oregon’s web-based eProcurement system administered by the Oregon Department of Administrative Services, Procurement Services (DAS/PS), currently known as OregonBuys, or a successor system.

Statewide Price Agreement A contract established by the State of Oregon, Department of Administrative Services, Procurement Services (DAS/PS) for the purchase of goods or services or both by multiple state agencies and, in some cases, participants of the Oregon Cooperative Procurement Program.

Statement of Work All provisions of a contract that specifically describe the services or work to be performed or goods to be delivered by either the contractor, its subcontractor(s), or OJD, as applicable, including any related technical specifications, deadlines, or deliverables.

Subaward For the definition of this term, please refer to OJD Grant Subrecipient Monitoring Policy (No. 020.10.07).

Work The furnishing of all services, materials, equipment, labor, and incidentals necessary to successfully complete any individual requirement or the entire contract and the carrying out and successful completion of all duties and obligations imposed by the contract.

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POLICY:

I. AUTHORITY; DELEGATION; GENERAL POLICIES; RESERVATION OF RIGHTS

A. Authority

Under the authority of the Chief Justice, the SCA establishes this procurement policy to govern OJD’s procurement and contracting for all goods and services for OJD. In addition, the SCA is authorized to waive, in writing, the requirements of this procurement policy when the purpose and business reason is documented.

Delegation by the SCA: The SCA is authorized to initiate procurements and enter into all contracts and amendments for goods and services required by OJD.

The SCA may delegate, in writing, to any employee of OJD the exercise or discharge of any of the powers, duties, or functions of this procurement policy.

For current delegation, see the Delegation of Procurement Authority and Signature Authorization. For duties and responsibilities related to delegated procurement and contracting see the procedures.

B. General Policies

1. Basic Principles

OJD shall conduct its procurement and contracting practices in a manner that promotes open competition, fairness, integrity, value, and accountability. This procurement policy applies to the OJD’s procurement of all goods and services.

2. Business Equity, Inclusion, and Engagement

Business equity, inclusion, and engagement in procurement refers to the process of intentionally encouraging businesses owned by minorities, women, service-disabled veterans, and emerging small businesses to participate in procurement activities and to promote business engagement. It is the policy of OJD to provide equal access and opportunity to all Oregon businesses by facilitating equity and fairness in procurement activities.

OJD shall promote and apply a policy of business equity, inclusion, and engagement in public contracting by engaging in efforts to increase public contracting opportunities for COBID Certified Firms in accordance with section IV.B of this procurement policy.

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3. Ethical Duties and Avoiding Conflicts of Interest

OJD shall instill public confidence in its procurement and contracting activities through ethical and fair dealing, honesty, and good faith on the part of its employees and judges and those who do business with OJD by promoting the efficient use of resources and allowing impartial and open competition, protecting both the integrity of public contracting and the competitive nature of public procurement.

a. Good Faith and Ethical Conduct

OJD employees involved in the negotiation, performance, or administration of OJD’s procurements and contracts are required to act in good faith and in accordance with all applicable laws, regulations, and policies, including OJD’s personnel rules and policies.

b. Conflicts of Interest

No employee of OJD may participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. All employees of OJD must comply with the OJD Code of Conduct in the Judicial Department Personnel Rules (JDPR).

See JDPR 2.13 and 7.01.

The following prohibitions are included as examples of acts constituting a conflict of interest and are not intended as an exhaustive list. OJD employees are prohibited from:

• Soliciting or accepting any fee, compensation, gift, payment of expenses, or any other thing of value under circumstances where the acceptance may, or may appear to, improperly influence the procurement process;

• Using authority or influence to secure anything of value for private gain;

• Soliciting, negotiating, authorizing, or executing a contract in which the employee, a member of the employee’s family, or a business, organization with which the employee is associated; or

• Attempting to influence a procurement or contracting decision of OJD from which the employee, a family member, or a business or organization with which the employee is associated may derive a benefit.

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4. Contract Approvals

OJD will not pay for work performed before all required contract approvals are obtained.

C. Reservation of Rights

With the exception of the Prevailing Wage Rate Laws contained in ORS 279C.800–279C.870, OJD’s procurement and contracting activities are exempt from the Public Contracting Code (ORS chapters 279A, 279B, and 279C). However, whenever the Chief Justice or SCA, or designee, deems it in the best interest of OJD, OJD may use the following as guidelines to govern its procurement and contracting activities:

• Relevant provisions of ORS chapters 279A, 279B, and 279C;

• The Attorney General’s Model Public Contract Rules (OAR chapter 137, divisions 46 and 47); and

• The Public Contracting Rules established by DAS (OAR chapter 125, divisions 246 and 247).

However, the procedures in these statutes and administrative rules serve as guidelines only and may be followed in whole or in part at the sole discretion of OJD as authorized by the Chief Justice or SCA.

II. PROCUREMENT OVERVIEW

Generally, the requesting court or division develops the specifications, evaluation criteria, and statement of work. Depending on the Delegation of Procurement Authority and Signature Authorization, the court or division may also complete the purchase agreement. Central Procurement and OGC provide courts and divisions with assistance in fulfilling any steps in the procurement or contracting process.

The five basic steps to complete a procurement of goods or services are:

A. Programmatic Approval

Obtain programmatic approval from the appropriate administrative authority and estimate an anticipated total order value of the procurement in accordance with section III.D of this procurement policy. Programmatic review and approval confirms that the proposed purchase or contract has a business purpose that supports the court or division’s objectives and OJD’s mission.

B. Budgetary Approval

Obtain budgetary review and approval and confirm that there are sufficient funds available to incur the expense for the proposed purchase or contract. Budgetary

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C. Procurement Threshold and Source Selection

Determine all policies and procedural requirements applicable to the procurement based on the procurement thresholds in section III, and source selection in section IV, of this procurement policy. The court or division should work with Central Procurement to make these determinations, as appropriate.

D. Compliance Review

Obtain compliance review and approval to confirm that the proposed purchase or contract has met all applicable laws, regulations, policies, and procedural requirements. Depending on the Delegation of Procurement Authority and Signature Authorization and OJD Expenditure Authorization and Signature Form, compliance review and confirmation may be a shared responsibility of the administrative authority, Central Procurement, and OGC.

E. Contract Administration

Make the purchase and monitor and provide contract administration oversight to ensure the purchase is completed pursuant to the terms of the agreement and request and monitor invoices and payments in accordance with the procedures associated with this procurement policy.

III. PROCUREMENT THRESHOLDS

Unless otherwise subject to an exemption or exception, when procuring goods or services on the open market, the following procurement thresholds apply:

A. Small Procurements ($0–$50,000)

Subject to the requirements of section IV.B.1 below.

B. Intermediate Procurements (Over $50,000–$250,000)

Any procurement of goods or services over $50,000 but not exceeding $250,000 shall be awarded after a competitive process using the processes set forth in section IV.B.2.

C. Formal Procurements (Over $250,000)

Any procurement of goods or services exceeding $250,000 shall be awarded after a competitive process using either an ITB or an RFP process meeting the requirements of section IV.B.3.

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D. Calculation of Threshold Amount

The total order value for all goods and services shall determine the applicable procurement threshold and corresponding source selection option to be used for the procurement. The total order value amount for all goods and services shall be calculated as follows:

1. Calculation of the Cost of Goods

The total order value of all goods shall be calculated by multiplying the price for the good by the quantity ordered.

If purchaser is aware of the need for multiple purchases of goods, then all items to be purchased must be included in the total order value, regardless of whether purchases are made individually.

2. Calculation of the Cost of Services

The anticipated total order value of all services shall be calculated by adding the total costs of specific services needed during the initial contract term.

3. Artificial Fragmentation

Procurement requirements must not be artificially divided, fragmented, aggregated, or structured so as to constitute a lower procurement threshold or to circumvent the source selection requirements outlined in this procurement policy.

4. Multi-Year Contracts

For contracts that are expected to span or be renewed over multiple years, the total order value of all goods or services for all years in the initial term must be included in the calculation of the cost of goods and services. Renewal terms do not need to be included in the calculation, provided that the initial term is not artificially fragmented.

IV. SOURCE SELECTION OPTIONS

A. Prior to Open Market

Source selection options OJD may consider prior to soliciting from the open market include the following:

1. Surplus Property

DAS State and Federal Surplus Property program.

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2. Oregon Corrections Enterprises

Goods or services or both offered by Oregon Corrections Enterprises.

3. Oregon Forward Contractors

Goods or services or both offered by Oregon Forward Contractors (website includes options to filter by contractor name, service or product offered, or county).

4. Statewide Price Agreements

Statewide price agreements in which OJD is considered an authorized purchaser.

5. Contracts with other Governmental Entities

Contracts established by other governmental entities in which OJD is considered an authorized purchaser or potential authorized purchaser both in the original solicitation document and resulting contract.

B. Open Market

Unless subject to an exemption under section IV.C or an exception under section IV.D, OJD must use the applicable source selection option listed in this section when soliciting from the open market.

1. Small Procurements ($0–$50,000)

Without limiting the ability to direct award, OJD encourages using a competitive process that is reasonable and adequate for the circumstances of the procurement considering factors to include price, mission requirements, and available competition.

a. Level I ($0–$10,000)

Any procurement of goods or services not exceeding $10,000 may be awarded without a competitive process.

b. Level II (Over $10,000–$25,000)

Any procurement of goods or services exceeding $10,000 but not exceeding $25,000 may be awarded without a competitive process.

However, OJD must document the actions taken to solicit quotes from available COBID Certified Firms.

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c. Level III (Over $25,000–$50,000)

Any procurement of goods or services exceeding $25,000 but not exceeding $50,000 may be awarded after using a competitive process that is reasonable and adequate for the circumstances of the procurement. However, OJD must document the actions taken to solicit quotes from available COBID Certified Firms.

2. Intermediate Procurements (Over $50,000–$250,000)

Any procurement of goods or services exceeding $50,000 but not exceeding $250,000 must be awarded after soliciting three competitive offers from separate vendors.

At a minimum, OJD must keep a written record of the sources contacted, including the COBID Certified Firms, and the offers received. If less than three COBID Certified Firms were available, OJD must keep a written record of the documentation showing lack of availability.

a. Level I (Over $50,000–$150,000)

No written solicitation document is required at this level.

Competitive offers may be solicited verbally or in writing.

b. Level II (Over $150,000–$250,000)

OJD must use a written solicitation document for all intermediate procurements exceeding $150,000 but not exceeding $250,000.

The written solicitation document must include at a minimum the procurement process to be followed; clear and concise project scope, specifications, and minimum requirements; and fair, efficient, and competitive evaluation criteria. The written solicitation document may also, at OJD’s sole discretion, allow revisions to the solicitation document and opportunity to protest the notice of award.

3. Formal Procurements (Over $250,000)

Any procurement of goods or services exceeding $250,000 must be solicited utilizing either an ITB or an RFP meeting the following minimum requirements:

a. Post on the statewide eProcurement system.

b. Provide notice of release and posting on the statewide eProcurement system to all available COBID Certified Firms.

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c. Solicitation document must include at a minimum:

• The procurement process to be followed;

• Detailed project background information (including clear and concise project scope, specifications, and minimum requirements);

• Fair, efficient, and competitive evaluation criteria;

• The terms and conditions that will govern the resulting contract; and

• An opportunity for prospective offerors to request clarification or changes and an opportunity to protest OJD’s intent to award a contract in accordance with section V.D. of this procurement policy.

4. Alternative Procurements

OJD may use an alternative procurement method if the other source selection options identified in this policy will not suffice. OJD must conduct the alternative procurement method in accordance with the process set forth in the applicable solicitation document.

C. Exemptions from Source Selection Requirements

1. Single-Source Procurements

OJD may award a contract for goods or services or both without a competitive process when it is determined that:

• It is not practical to award a contract utilizing a competitive process;

and

• Award of a single-source contract is in the best interest of OJD.

A written explanation, including factual evidence needed to support an independent examination and determination of the single-source procurement justification, must be included in the procurement file.

2. Emergency Procurements

OJD may award a contract as an emergency procurement when one or more of the following conditions exist:

• Fire, flood, epidemic, riot, environmental accident, cybersecurity incident, or a similarly compelling reason;

• Equipment failure, if the need for timely repair is essential;

• Immediate action is necessary to protect public or private property;

or

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• The mission of OJD is in jeopardy of not being fulfilled in the timeframe required.

OJD must use a competitive process that is reasonable considering the circumstances of the emergency. A contract awarded as an emergency procurement must be limited to the goods or services or both necessary to meet the emergency only.

A written declaration of emergency must be included in the procurement file. It must include a brief description of the emergency circumstances, a brief description of the goods or services or both to be provided under the contract, and a brief description of how the contract scope is limited to only what is necessary to meet the emergency.

3. Chief Justice or SCA Exemption

a. Reasons Justifying Exemptions

OJD may award any contract for goods or services or both without a competitive process if the Chief Justice or SCA determines that, for that particular contract:

• The competitive process is not cost-effective or necessary;

• Waiver of the competitive process is in the public interest; or

• The competitive process is not feasible or practicable.

b. Process for Requesting Exemption

Exemptions from the competitive process are intended for exceptional or unusual circumstances that may preclude the use of the standard competitive process. A request for exemption must be submitted to Central Procurement prior to entering into the contract.

No verbal or written agreement shall be made until the exemption request is approved. At a minimum, the exemption request should include:

• A description of the type of good or service for which the exemption is requested;

• An explanation as to why the requesting court or division considers the exemption appropriate; and

• Reason(s) why the competitive process is not cost-effective, necessary, feasible or practicable, or why waiver is in the public interest.

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c. Documentation of Approval

If the exemption is approved, a copy of the request and the signed approval of the Chief Justice or SCA must be retained as part of the official procurement file by the contracting court or division.

D. Exceptions from Source Selection Requirements

OJD may enter into the following classifications of contracts without requiring an open-competitive process:

1. Contracts between OJD and a state agency or local government of this or another state, with the United States or a United States governmental agency, with an American Indian tribe or an agency of an American Indian tribe, or with a nation or a public agency in any nation other than the United States as permitted in ORS chapter 190.

2. Contracts for guest speakers for an educational activity.

3. Contracts for employee training.

4. Contracts for books, book-binding services, newspapers, periodicals, audio-visual materials, reference materials, memberships, or subscriptions (hard copy or electronic copy).

5. Contracts for advertising and promotional activities, including, but not limited to, contracts to place media advertising, contracts for talent, and contracts for promotional goods or services.

6. Contracts for price-regulated goods or services or both where the rate or price is established by federal, state, or local regulatory authority.

7. Contracts for the purchase of used equipment or personal property.

8. Contracts for the purchase of equipment repair when services or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing, or the service or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source.

9. Contracts for equipment rental to meet short-term seasonal or emergency needs (three months maximum).

10. Contracts for in-state travel.

11. Contracts for goods or services or both from a qualified provider in the

Oregon Forward Program.

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12. Contracts for goods or services or both through Oregon Corrections Enterprises.

13. Contracts for goods or services or both through a statewide price agreement in which OJD is considered an authorized purchaser.

14. Contracts for goods or services or both through a national cooperative purchasing program provided Central Procurement has determined OJD is considered an authorized purchaser or potential authorized purchaser and the cooperative agreement met competitive procurement requirements.

15. Contracts for goods and services through contracts established by other governmental entities in which OJD is considered an authorized purchaser or potential authorized purchaser both in the original solicitation and resulting contract.

16. Contracts for building rent/lease.

17. Contracts for court interpreter services.

18. Contracts for Americans with Disabilities Act (ADA) services.

19. Contracts for services with the National Center for State Courts.

20. Legal services agreements.

21. Grant awards and subawards.

22. Grant-funded contracts where the vendor is named in the grant award or subaward (e.g., identified in a budget line item).

23. Revenue-generating contracts (a revenue-generating contract exists where OJD receives income and does not have to pay for goods or services).

24. Conferences hosted by OJD. If practicable, the court or division will seek to obtain more than one quote. Solicitation of quotes are not required to be in writing.

V. SOLICITATION REQUIREMENTS

A. Specifications

OJD must draft specifications in a manner that seeks to promote optimal value and suitability for the purposes intended and to reasonably encourage competition in satisfying the procurement need.

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1. Brand Name or Equal Specification

OJD may use a brand name or equal specification when necessary to describe the standard of quality, performance, functionality, and other characteristics of the product needed. OJD reserves the right to make the final determination on what constitutes a product that is equal or superior to the product specified.

2. Brand Name Specification

OJD may use a brand name specification when only the brand specified will satisfy the procurement need. Written justification supporting the use of a brand name specification must be included in the procurement file.

3. Public Works Projects

The specifications contained in any OJD-issued solicitation document and any resulting contracts or subcontracts for public works projects subject to this policy must include, as applicable, the provisions contained in

ORS 279C.830.

B. Responsibility of Offerors

Offerors are required to demonstrate their ability to perform satisfactorily under a contract. OJD must prepare a written determination of nonresponsibility of an offeror if the offeror does not meet the standards of responsibility.

In determining whether an offeror has met the standards of responsibility, OJD must consider whether the offeror has met the following criteria:

1. Business Qualifications

Has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the offeror to meet all contractual responsibilities.

2. Record of Performance

Has a satisfactory record of contract performance. OJD must carefully scrutinize an offeror’s record of contract performance if the offeror is or recently has been materially deficient in contract performance. In reviewing the offeror’s performance, OJD must determine whether the offeror’s deficient performance was expressly excused under the terms of the contract or whether the offeror took appropriate corrective action. OJD may review the offeror’s performance on both private and public contracts in determining the offeror’s record of contract performance. OJD must

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3. Record of Integrity

Has a satisfactory record of integrity. An offeror may lack integrity if OJD determines the offeror demonstrates a lack of business ethics such as violation of state environmental laws or making of false certifications. OJD may find an offeror nonresponsible based on the lack of integrity of any person having influence or control over the offeror (such as a key employee of the offeror that has the authority to significantly influence the offeror’s performance of the contract or a parent company, predecessor, or successor person). OJD must make its basis for determining an offeror nonresponsible under this subsection part of the procurement file.

4. Legally Qualified

Is qualified legally to contract with OJD.

5. Necessary Information

Has supplied all necessary information in connection with the inquiry concerning responsibility. If the offeror fails to promptly supply information requested by OJD concerning responsibility, OJD must base the determination of responsibility upon any available information or may find the offeror nonresponsible.

C. Public Notice of Solicitation Documents

1. Small and Intermediate Procurements

OJD may provide notice of a solicitation document by posting notice on the statewide eProcurement system, by sending the solicitation document to prospective offerors, or by using any method it determines appropriate to foster and promote competition.

2. Formal Procurements

OJD must provide notice of a solicitation document by posting notice on the statewide eProcurement system for a minimum of seven days. In addition, OJD may provide notice of a solicitation document by sending the solicitation document to prospective offerors or by using any method it determines appropriate to foster and promote competition.

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D. Protest of Award

1. Delivery

An offeror must deliver the protest to OJD no later than five days after the date of issuance of intent to award the contract, unless otherwise stated in the solicitation document.

2. Content of Protest

All protests must be in writing and signed by the offeror. The protest must state all facts and arguments on which the offeror is basing the protest.

The protest must claim, and state facts which substantiate a claim, that:

• All lower bids or higher-ranked proposers are ineligible to receive the contract award because they are nonresponsive; or

• OJD committed a material violation of a provision in the solicitation document and but for the alleged material violation, offeror would have been the lowest bidder or highest-ranked proposer.

3. OJD’s Response

OJD must review the protest and respond in a timely manner. Any written decision from OJD may include OJD’s final opinion of the protest, a notice to the offeror that OJD needs additional time in which to evaluate the protest, or other information to the offeror.

VI. CONTRACTS

A. Contract Documents

1. Contracts $5,000 and Under

An administrative authority exercising delegated contracting authority may determine contracts with a total order value of $5,000 or less are not required to be in writing.

2. Contracts in Excess of $5,000

All contracts in excess of $5,000 must be in writing.

B. Contract Modifications and Renewals/Amendments

1. Small Procurement

OJD may amend a contract awarded as a small procurement without an additional competitive process to add additional goods or services within

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If the amendment request would increase the total order value beyond the threshold for a small procurement, OJD must conduct a new procurement for the needs associated with the particular request.

2. Intermediate Procurement

OJD may amend a contract awarded as an intermediate procurement without an additional competitive process to add additional goods or services within the scope of the original solicitation document (or if no solicitation document, the original contract) provided the amendment request does not increase the total order value beyond the threshold for an intermediate procurement.

If the amendment request would increase the total order value beyond the threshold for an intermediate procurement, OJD must conduct a new procurement for the needs associated with the particular request.

3. Formal Procurement

OJD may amend a contract awarded as a formal procurement without an additional competitive process to add additional goods or services within the scope of the original solicitation document (or if no solicitation document, the original contract), subject to either of the following:

a. Anticipated

When the additional goods or services or both were anticipated (specifically considered, realized, foreseen, or expected) in the solicitation document (or if no solicitation document, in the contract), OJD may amend the contract without limitation.

b. Unanticipated

When the additional goods or services or both were unforeseen at the time the solicitation document was released (or if no solicitation document, the time the contract was established), but the additional goods or services or both are necessary to fulfill the original intent of the contract. In the case of an unanticipated amendment, OJD may consider conducting a new procurement to fulfill the amendment request when the value of that request, including any previous amendments, exceeds 50 percent of the original contract price.

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VII. LEGAL REVIEW AND APPROVAL

A. OGC Review and Approval

1. General

Except as outlined below in section VII.B, OGC must review and approve the following prior to release or execution as applicable:

a. All solicitation documents for procurements with a total order value exceeding $150,000.

b. All solicitation documents for procurements and contracts regardless of dollar value if planned funding source includes, in whole or in part, funds from a grant award, subaward, or grant agreement.

c. Except as otherwise expressly required under this section (section VII.A), any contract, except purchase orders, with a total order value in excess of $50,000.

d. All contracts for construction-related services.

e. All contracts for IT goods and services, except as allowed under section VII.B.1.b below.

f. All contracts for data share agreements.

g. All IGAs and IAAs.

h. All documents identified as MOUs, to ensure they do not contain contract terms or conditions.

i. All grant awards, subawards, and grant agreements, regardless of the form of contract used.

j. All legal services agreements.

k. All court-related services agreements.

l. Any modification to any term and condition of any OGC-approved standard template contract (including purchase orders).

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B. Exemptions from OGC Review and Approval

1. General

The following types of contracts are exempt from OGC review and approval requirements identified in this policy:

a. Clickwrap agreements, if:

• The order is for goods or services other than IT;

• The order is through a vendor’s online platform (e.g., Amazon);

• The total order value is $5,000 or less and will not be grant funded in whole or in part;

• The goods or services to be procured are not mission critical as determined by the administrative authority; and

• The administrative authority has read through the terms and conditions and has approved them.

b. Certain contracts with a total order value of $25,000 or less.

(1) IT contracts that do not include AI and contracts for other than IT cloud computing, if:

• The order is for IT that is for commercial off-the-shelf software or hardware and, if applicable, related maintenance;

• The total order value is $25,000 or less and will not be grant funded in whole or in part;

• The administrative authority has read through a copy of the most current license and maintenance terms, has approved them in writing, and a copy of the written approval is saved in the procurement file;

• ETSD has provided written confirmation to Central Procurement that the services are not mission critical and do not include any AI component or component of IT cloud computing;

• ETSD has approved the acquisition and use of the IT from a technical and security aspect; and

• Central Procurement has verified that the vendor is not either a debarred entity or on the covered vendor list. Once confirmed, Central Procurement completes the purchase.

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(2) IT cloud computing contracts that do not include any AI component, if:

• The total order value is $25,000 or less and will not be grant funded in whole or in part;

• The administrative authority has read through a copy of the most current subscription terms, has approved them in writing, and a copy of the written approval is saved in the procurement file;

• The administrative authority has confirmed in writing that no confidential or sensitive data or personally identifiable information (PII) will be transmitted or stored in the IT cloud computing system;

• ETSD has provided written confirmation to Central Procurement that the services are not mission critical and do not include any AI component;

• ETSD has approved the acquisition and use of the IT from a technical and security aspect; and

• Central Procurement has verified that the vendor is not either a debarred entity or on the covered vendor list. Once confirmed, Central Procurement completes the purchase.

(3) IT contracts with an AI component, including IT cloud computing contracts, if:

• The total order value is $25,000 or less and will not be grant funded in whole or in part;

• The administrative authority has read through a copy of the most current subscription terms, has approved them in writing, and a copy…