DJC - Exemptions from Competitive Bidding

Code:  DJ/DJC
Adopted: 8/13/97
Re-adopted: 4/14/99; 12/14/05; 1/14/09

District Purchasing & Bidding Requirements

Authority for the purchase of services, materials, equipment and supplies for the programs of the district is given by the Board through the adoption of the budget.

The awarding of bids or contracts less than $50,000 are delegated to the superintendent or designee.

The superintendent shall develop regulations necessary to maintain an effective purchasing operation and control system consistent with state law and Board policy.

A district purchasing manual shall be prepared and made available in handbook form to all who have responsibility for purchasing and the Board.  The handbook shall contain detailed rules and procedures for purchasing throughout the district.

Bids or proposals shall be called for on all purchases, lease or sale of personal property, public improvements or services other than agreements for personal service in accordance with applicable competitive procurement provisions of Oregon Revised Statutes and adopted public contracting rules.

The Board will serve as the Local Public Contract Review Board (LCRB) for the district. All district purchasing shall be conducted in accordance with the Board’s adopted rules.

The Board, acting as its own LCRB,  will adopt. its own rules of procedure that will govern district purchasing. Consequently, the model rules adopted by the Attorney General shall not apply to the district. The district’s rules may include portions of the Oregon Attorney General’s Model Public Contract Rules OAR Chapter 137, Divisions 46, 47 & 49 in effect at the time this policy is adopted. 

Where necessary, the Board has made the written findings required by law for exemptions from competitive biding. Such findings shall be maintained by the district and made available on request.

The district shall review its rules each time the Attorney General adopts a notification of the model rules, as required by ORS 279A.065 (5)(b), to determine whether any modifications need to be made to district rules to ensure compliance with statutory changes. New rules, as necessary, shall be adopted by the Board.

In the event it is unnecessary to adopt new rules, Board minutes will reflect that the review process was completed as required. The Board recognizes that a public contracting agency that has not established its own rules of procedure as permitted under ORS 279A.065 (5) is subject to the model rules adopted by the Attorney General, including all modifications to the model rules that the Attorney General may adopt.

Legal Reference(s)
ORS 244.040
ORS Chapter 279, 279A, 279B, 279C
ORS 294.311
ORS 328.441 - 328.470
ORS 332.075
OAR 125 Divisions 246, 247, 248 and 249
OAR 137 Divisions 46, 47, 48 and 49

Cross Reference(s)