200: Authority and Records
Procurement and Contract Services Policy & Procedures Manual
Section 200: Regulations and Authority
To explain the regulations covering Oregon State University Purchasing and Contracting and the authority delegated.
The State of Oregon governing laws are contained in the Oregon Revised Statutes (ORS). The Statutes are considered the primary authority for the State and provide a basic framework on which the Oregon Administrative Rules (OAR) are based. This manual only covers a few of the relevant points from various statutes dealing with purchasing and contracting. For access to the complete statutes, visit the Oregon State Legislature website at http://www.leg.state.or.us/ors/.
In public procurement, most State of Oregon public entities are guided by ORS 279A, B & C. However, ORS 351 grants the Oregon University System (OUS) separate authority and releases OUS from following most of ORS 279A, B & C. This is why OUS and its institutions have purchasing rules that differ from other State of Oregon agencies, counties, municipalities, or other public entities.
OUS has created OAR 580 divisions 60 through 63, which govern all of the OUS purchasing activities. Although OUS has its own OAR for purchasing goods and services, other sections of ORS and OAR may still apply such as those statutes and rules pertaining to: Contracting with Public entities outside of Oregon, Tort Limits, Public Records, Qualified Rehabilitation Facilities, Tax Certification, Prevailing Wage Rates, and Financing. The diagram below illustrates the hierarchy of statutes and rules for Oregon Public Purchasing.
Although OUS has its own OAR for procuring goods and services, parts of ORS 279A, B & C and other sections of ORS and OAR still apply to OSU’s purchasing and contracting activities such as regulations pertaining to: Review of Public Contracts, Contracting with Public entities outside of Oregon, Oregon Tort Claim Limits, Oregon Commission for the Blind, Public Records, Qualified Rehabilitation Facilities, and Tax Certification. This list is not exhaustive, but is provided as an example of some of the other statutes and rules that may apply outside of OAR 580 divisions 60 through 63.
Additionally, federal laws exist that impact OSU purchasing and contracting terms and conditions such as the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLBA). Language could be encountered when reviewing Contracts that requires for the release of student information, individually identifiable medical information, or consumer financial information which may be in violation of federal law.