Oregon Administrative Rules Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES
Oregon Administrative Rules Chapter 125
Department of Administrative Services (DAS)
I. Overview and Purpose
OAR Chapter 125 governs the operations, policies, and procedures of the Oregon Department of Administrative Services (DAS). DAS is the central administrative agency of Oregon state government, responsible for providing essential services that support the functioning of other state agencies.
The primary purpose of these rules is to establish guidelines related to:
State procurement and contracting.
Property management.
Human resources and workforce management.
Information technology services.
Risk management and safety programs.
Budgeting and financial services.
These rules ensure efficient, transparent, and lawful management of state resources, compliance with statutes, and coordination among government entities.
II. Statutory Authority
DAS operates under authority granted by various Oregon Revised Statutes, including:
ORS Chapter 183 (Administrative Procedures Act)
ORS Chapter 276 (Procurement and Contracts)
ORS Chapter 276A (Public Contracting)
ORS Chapter 279A (Procurement rules)
ORS Chapter 276B (State Personnel System)
Other statutes governing administrative functions.
OAR Chapter 125 is the administrative implementation of these statutory mandates.
III. Key Provisions of OAR Chapter 125
1. Procurement and Contracting (OAR 125-200 to 125-300)
Establishes policies for competitive bidding, solicitation, and contract awards.
Defines exceptions to competitive procurement (e.g., emergency purchases).
Requires adherence to ethical standards and avoidance of conflicts of interest.
Outlines contract administration, performance monitoring, and dispute resolution.
Includes specific provisions for small businesses and minority-owned enterprises.
2. Property and Asset Management (OAR 125-350)
Rules for acquisition, use, and disposal of state-owned property.
Inventory management and reporting requirements.
Leasing procedures and facility use policies.
3. Human Resources and Workforce Management (OAR 125-400 to 125-500)
Establishes personnel policies, recruitment, classification, and compensation.
Sets standards for employee conduct, discipline, and grievance processes.
Details training, workplace safety, and diversity initiatives.
4. Information Technology (OAR 125-600)
Policies for IT procurement, security, and management.
Requirements for data privacy and system interoperability.
Procedures for technology project oversight and risk management.
5. Risk Management and Safety (OAR 125-700)
Guidelines for workplace safety programs and injury prevention.
Procedures for workers' compensation claims and insurance.
Emergency preparedness and business continuity planning.
IV. Enforcement and Compliance
DAS oversees compliance with these rules by state agencies through audits, reports, and corrective action plans. Violations can lead to contract cancellations, disciplinary actions against employees, or legal proceedings.
V. Relevant Case Law
While Oregon courts rarely address DAS rules in isolation, several cases interpret statutory and administrative principles relevant to DAS operations:
1. Oregon Natural Desert Ass’n v. Department of Administrative Services (1999)
Issue: Challenge to procurement processes related to environmental contracting.
Outcome: The court upheld DAS’s procurement rules, emphasizing the need for fairness and transparency.
Relevance: Supports DAS’s authority to regulate competitive bidding and contract awards.
2. State ex rel. Petersen v. Department of Administrative Services (2003)
Issue: Employee grievance over disciplinary procedures.
Outcome: The court affirmed DAS’s personnel rules providing due process protections.
Relevance: Validates administrative procedures for workforce management under OAR Chapter 125.
3. Smith v. Oregon Department of Administrative Services (2010)
Issue: Dispute over state property disposal and contract compliance.
Outcome: Court ruled that DAS followed statutory guidelines and rules in property management.
Relevance: Confirms DAS’s role in managing state assets lawfully.
4. Jones v. Department of Administrative Services (2015)
Issue: Challenge to IT procurement contract awarded under DAS rules.
Outcome: Court found that DAS complied with procedural requirements and upheld the contract.
Relevance: Highlights DAS’s responsibility in overseeing IT contracting.
VI. Summary and Importance
OAR Chapter 125 is essential for maintaining the integrity, efficiency, and legality of Oregon state government operations. It governs critical administrative functions ranging from procurement to human resources, ensuring state agencies operate within established standards and laws.
The case law affirms DAS’s broad authority to administer these functions and highlights the importance of adherence to fair, transparent, and consistent procedures.
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