279.845 Duties
of Oregon Department of Administrative Services; prices for products and
services of nonprofit agency for individuals with disabilities; sources of
products and services; rules.
(1) It is the duty of the Oregon Department of Administrative Services to:
(a) Determine the
price of all products manufactured and services offered for sale to the various
public agencies by any qualified nonprofit agency for individuals with
disabilities. The price shall recover the cost of raw materials, labor,
overhead, delivery costs and a margin held in reserve for inventory and
equipment replacement;
(b) To revise
such prices from time to time in accordance with changing cost factors;
(c) To make such
rules regarding specifications, time of delivery and other relevant matters of
procedure as shall be necessary to carry out the purposes of ORS 279.835 to
279.855, 279A.025 (4) and 279C.335; and
(d) To promote
the requirements under ORS 279.835 to 279.855.
(2) The
department shall establish and publish a list of sources or potential sources
of products produced by any qualified nonprofit agency for individuals with
disabilities and the services provided by any such agency that the department
determines are suitable for procurement by public agencies pursuant to ORS
279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and
revisions thereof shall be distributed to all public purchasing officers.
(3) The
department may not delegate any duty imposed under this section to any person
or public agency outside of the department. [1977 c.304 §4; 1989 c.224 §44;
2003 c.794 §229d; 2007 c.70 §64; 2019 c.371 §6]
Notes of Decisions
BWK, Inc. v. Dep't of Admin. Servs., 218 P.3d 156 (Or. Ct. App. 2009).
· cites it 15× “ORS 279.845, then and now, authorizes DAS to determine the prices of products offered by a QRF and to establish and publish a list of sources of products produced by a QRF “which the department determines are suitable for procurement by public agencies.”
Indep. Contractors Rsch. Inst. v. Dep't of Admin. Servs., 139 P.3d 995 (Or. Ct. App. 2006).
· cites it 5× “ORS 279.845. 2 Once a product or service is listed by DAS as available through a QRF, any public agency seeking to procure that product or service must do so from the listed QRF at the price established by DAS.”
Depaul Indus. v. Benjamin Miller, 14 F.4th 1021 (9th Cir. 2021).
“The QRF statute states, in relevant part: [A] public agency that intends to procure a product or service on the procurement list that the Oregon Department of Administrative Services established under ORS 279.845 shall, in accordance with the department’s rules, procure the…”
Depaul Indus. v. City of Portland (D. Or. 2022).
· cites it 8× “The qualifying products and services subject to this requirement are set forth in a procurement list established and maintained by DAS in ORS 279.845. A public agency is not required to obtain products or services from a qualified nonprofit agency, however, if the qualified…”
— Or. Rev. Stat. § 279.845(1) — 1 case
BWK, Inc. v. Dep't of Admin. Servs., 218 P.3d 156 (Or. Ct. App. 2009).
“ORS 279.845, then and now, authorizes DAS to determine the prices of products offered by a QRF and to establish and publish a list of sources of products produced by a QRF “which the department determines are suitable for procurement by public agencies.”
— Or. Rev. Stat. § 279.845(1)(a) — 2 cases
BWK, Inc. v. Dep't of Admin. Servs., 218 P.3d 156 (Or. Ct. App. 2009).
“ORS 279.845, then and now, authorizes DAS to determine the prices of products offered by a QRF and to establish and publish a list of sources of products produced by a QRF “which the department determines are suitable for procurement by public agencies.”
Depaul Indus. v. City of Portland (D. Or. 2022).
“The qualifying products and services subject to this requirement are set forth in a procurement list established and maintained by DAS in ORS 279.845. A public agency is not required to obtain products or services from a qualified nonprofit agency, however, if the qualified…”
— Or. Rev. Stat. § 279.845(2) — 3 cases
BWK, Inc. v. Dep't of Admin. Servs., 218 P.3d 156 (Or. Ct. App. 2009).
“ORS 279.845, then and now, authorizes DAS to determine the prices of products offered by a QRF and to establish and publish a list of sources of products produced by a QRF “which the department determines are suitable for procurement by public agencies.”
Indep. Contractors Rsch. Inst. v. Dep't of Admin. Servs., 139 P.3d 995 (Or. Ct. App. 2006).
“ORS 279.845. 2 Once a product or service is listed by DAS as available through a QRF, any public agency seeking to procure that product or service must do so from the listed QRF at the price established by DAS.”
Depaul Indus. v. City of Portland (D. Or. 2022).
“The qualifying products and services subject to this requirement are set forth in a procurement list established and maintained by DAS in ORS 279.845. A public agency is not required to obtain products or services from a qualified nonprofit agency, however, if the qualified…”
— Or. Rev. Stat. § 279.845(3) — 1 case
Depaul Indus. v. City of Portland (D. Or. 2022).
“The qualifying products and services subject to this requirement are set forth in a procurement list established and maintained by DAS in ORS 279.845. A public agency is not required to obtain products or services from a qualified nonprofit agency, however, if the qualified…”
— Or. Rev. Stat. § 279.845(l)(a) — 2 cases
BWK, Inc. v. Dep't of Admin. Servs., 218 P.3d 156 (Or. Ct. App. 2009).
“ORS 279.845, then and now, authorizes DAS to determine the prices of products offered by a QRF and to establish and publish a list of sources of products produced by a QRF “which the department determines are suitable for procurement by public agencies.”
Indep. Contractors Rsch. Inst. v. Dep't of Admin. Servs., 139 P.3d 995 (Or. Ct. App. 2006).
“ORS 279.845. 2 Once a product or service is listed by DAS as available through a QRF, any public agency seeking to procure that product or service must do so from the listed QRF at the price established by DAS.”
— Or. Rev. Stat. § 279.845(l)(c) — 1 case
Indep. Contractors Rsch. Inst. v. Dep't of Admin. Servs., 139 P.3d 995 (Or. Ct. App. 2006).
“ORS 279.845. 2 Once a product or service is listed by DAS as available through a QRF, any public agency seeking to procure that product or service must do so from the listed QRF at the price established by DAS.”
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