justicedao/ipfs_state_laws huggingface dataset:
137-045-0030 Review of Public Contracts (1) Except as described in section (2), before a Public Contract is binding on the State of Oregon, and before any service may be performed or payment may be made under the Public Contract, the Attorney General must approve for legal sufficiency in accordance with these rules: (a) Any Public Contract that is for or includes the acquisition of Information Technology that requests or provides for payment in excess of $150,000; (b) Any Public Contract other than those described in subsection 1(a) above that requests or provides for payment in excess of $250,000; (c) An amendment to a Public Contract described in subsection (1)(a) or 1(b), unless these rules otherwise exempt the amendment from such approval; or (d) An amendment to a Public Contract that makes the amended Public Contract subject to legal sufficiency approval under subsection (1)(a) or 1(b). (2) The legal sufficiency approval requirement described in section (1) does not apply to Public Contracts that are exempt from legal sufficiency approval under these division 045 rules. (3) For purposes of determining whether a Public Contract exceeds the amounts set forth in section (1), a Public Contract requests or provides for payments in excess of the applicable amount if one of the following applies: (a) The Public Contract expressly provides that the Agency will make or receive payments in money, services or goods over the anticipated term of the Public Contract with a value that will, in aggregate, exceed the applicable threshold, whether or not the total amount or value of the payments is expressly stated. For purposes of this subsection, when an agency is lending money, and the only payment to the Agency is in money, "payments" receivable by the Agency mean principal only; (b) The Public Contract expressly provides for a guaranteed maximum price or a maximum not to exceed amount payable or receivable by the Agency with a value that exceeds the applicable threshold; or (c) Based on historical or other data available to the Agency at the time of entering into the Public Contract, the Agency determines that the value of the benefit, loss or detriment to the Agency under the Public Contract will likely exceed the applicable threshold. (4) An Agency shall not fragment or segregate transactions for purposes of circumventing the legal sufficiency approval requirement. (5) A program or activity of a Grant recipient that is financed by the Grant does not constitute a service performed under a Public Contract for purposes of this rule. Statutory/Other Authority: ORS 291.047(3) Statutes/Other Implemented: ORS 291.047 History: DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 9-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 17-2003, f. & cert. ef. 12-9-03 DOJ 2-2001, f. & cert. ef. 1-18-01 DOJ 3-1998, f. & cert. ef. 4-1-98 JD 5-1997(Temp), f. & cert. ef. 10-17-97 JD 4-1997(Temp), f. & cert. ef. 10-3-97
137-045-0035 Review of Anticipated Public Contracts and Price Agreements (1) Except as provided in this rule, if an Agency expects a Public Contract resulting from a procurement to require legal sufficiency approval, the Agency must submit to the Attorney General for review both the Agency Procurement Documents and the anticipated Public Contract. The Agency must obtain authorization from an Assistant Attorney General to release the Procurement Documents before the Agency releases them. An Assistant Attorney General may waive the failure of an Agency to comply with this rule if the Assistant Attorney General determines that the resulting Public Contract is legally sufficient, and a re-solicitation of the Public Contract would not materially reduce the risk to the State. Addenda that solely extend the date that offers are due are not subject to the review requirements of this rule. (2) Review of the Procurement Documents includes determining what law applies to the procurement and applying that law to the Procurement Documents to determine whether the procurement process complies with applicable law and the Agency’s reasonable interpretations of its own rules. The reviewing attorney is not required to inquire into facts concerning the procurement process that are not apparent on the face of the documents. The Assistant Attorney General may require changes to the Procurement Documents that are necessary for compliance with applicable law. If the Assistant Attorney General determines that nothing in the Procurement Documents, or otherwise apparent to the attorney, would prevent approval of the anticipated Public Contract for legal sufficiency, the attorney shall authorize release of the Procurement Documents. The Assistant Attorney General may condition an authorization to release Procurement Documents as necessary for compliance with these rules. Authorization to release the Procurement Documents does not ensure subsequent legal sufficiency approval of the Public Contract contemplated by the procurement. Authorization to release the Procurement Documents includes a determination that the solicitation process on the face of the Procurement Documents complies with applicable statutes or rules. Statutory/Other Authority: ORS 291.047(3) Statutes/Other Implemented: ORS 291.047 History: DOJ 1-2025, amend filed 01/28/2025, effective 01/28/2025 DOJ 1-2024, temporary amend filed 01/03/2024, effective 01/03/2024 through 06/30/2024 DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 19-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 17-2003, f. & cert. ef. 12-9-03 DOJ 2-2001, f. & cert. ef. 1-18-01
137-045-0052 Exemptions from ORS 190.430 and ORS 190.490 review Contracts that are not subject to the requirement for legal sufficiency review and approval under ORS 291.047 or these chapter 137, division 045 rules are exempt from the Attorney General review requirements under ORS 190.430 and 190.490. Statutory/Other Authority: ORS 190.430 & 190.490 Statutes/Other Implemented: ORS 190.430 & 190.490 History: DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 10-2009, f. 7-2-09, cert. ef. 7-6-09
137-045-0070 Emergency Public Contract Exemption (1) A Public Contract entered into in an Emergency is exempt from the legal sufficiency approval requirement. (2) An Agency that enters into a Public Contract that is exempt under section (1) of this rule must prepare and maintain in its files documentation that contains: (a) A concise summary of the circumstances that constitute the Emergency and the character of the risk of loss, damage, interruption of services or threat to public health or safety created or anticipated to be created by the Emergency circumstances; (b) A statement of the reason or reasons why the prompt execution of the proposed Public Contract was required to deal with the risk created or anticipated to be created by the Emergency circumstances; (c) A brief description of the services or goods to be provided under the Public Contract, together with its anticipated cost; and (d) A brief explanation of how the Public Contract, in terms of duration, services or goods provided under it, was restricted to the scope reasonably necessary to adequately deal only with the risk created or anticipated to be created by the Emergency circumstances. (3) Each Agency shall submit to the Attorney in Charge, Business Transactions Section, within a reasonable time following the end of the Agency’s fiscal year, a report of each Public Contract that is exempt from review under section (1) of this rule entered into by the Agency during the fiscal year. In addition, at the request of the Attorney in Charge, Business Transactions Section, the Agency will delivery copies of documentation required by this rule to the Attorney in Charge, Business Transactions Section. Statutory/Other Authority: ORS 291.047(5) Statutes/Other Implemented: ORS 291.047(5)(b) History: DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 19-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 17-2003, f. & cert. ef. 12-9-03 DOJ 2-2001, f. & cert. ef. 1-18-01
137-045-0090 Ratification of Public Contracts Before ratifying a Public Contract under ORS 291.049, an Agency shall do all of the following: (1) Submit to the Attorney in Charge, of the Business Transactions Section or other Assistant Attorney General designated by the Attorney in Charge of the Business Transactions Section or the Chief Counsel of the General Counsel Division, a copy of the Public Contract and the proposed ratification document. Following the approval of the Public Contract pursuant to section (3) of this rule an executive officer of an Agency who is responsible for oversight of the Public Contract may ratify the Public Contract by signing the ratification document. (2) The ratification document submitted pursuant to section (1) of this rule must contain: (a) An explanation of why performance began before the Public Contract was approved by the Attorney General for legal sufficiency; (b) A description of the steps being taken to prevent similar occurrences in the future; and (c) A proposed ratification of the Public Contract. (3) Obtain approval of the Public Contract for legal sufficiency from the Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated as set forth in section (1); and (4) Obtain all other approvals required for the Public Contract. Statutory/Other Authority: ORS 291.049(3) Statutes/Other Implemented: ORS 291.049 History: DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 9-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 17-2003, f. & cert. ef. 12-9-03 DOJ 2-2001, f. & cert. ef. 1-18-01
137-046-0100 Content and General Application; Federal Law Supremacy (1) These Model Rules are rules of procedure for Public Contracting as required under ORS 279A.065 and consist of the following four divisions: (a) This division 46, which applies to all Public Contracting; (b) Division 47, which describes procedures for Public Contracting for Goods, Services and Personal Services other than Architectural, Engineering and Land Surveying Services and Related Services; (c) Division 48, which describes procedures for Public Contracting for Architectural, Engineering and Land Surveying Services and Related Services; and (d) Division 49, which describes procedures for Public Contracting for Construction Services. (2) If a conflict arises between these division 46 rules and rules in divisions 47, 48 and 49, the rules in divisions 47, 48 and 49 take precedence over these division 46 rules. (3) Except as otherwise expressly provided in ORS 279C.800 through 279C.870, and notwithstanding ORS Chapters 279A, 279B, and 279C.005 through 279C.670, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of ORS Chapters 279A, 279B, or 279C.005 through 279C.670 or these Model Rules, or require additional conditions in Public Contracts not authorized by ORS Chapters 279A, 279B, and 279C.005 through 279C.670 or these Model Rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.030 & 279A.065 History: DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0120 Policy Contracting Agencies subject to the Code shall conduct Public Contracting to further the policies set forth in ORS 279A.015, elsewhere in the Code, and in these Model Rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0130 Application of the Code and Model Rules; Exceptions (1) Except as set forth in this section, a Contracting Agency shall exercise all procurement authority related to Public Contracting in accordance with the Code and the Model Rules. (2) A Contracting Agency that has specifically opted out of the Model Rules and adopted its own rules of procedure for Public Contracting pursuant to 279A.065 in the exercise of its own contracting authority is not subject to these Model Rules, except for those portions of the Model Rules that the Contracting Agency has prescribed for its own use for Public Contracting and except for those portions of the Model Rules pertaining to the procurement of Construction Manager/General Contractor Services under ORS 279A.065(3), where the Contracting Agency is not permitted to opt out of the Model Rules. (3) Contracts or classes of Contracts for Personal Services of a Local Contracting Agency designated as such by the Local Contracting Agency's Local Contract Review Board pursuant to ORS 279A.055, are not subject to these Model Rules, unless the Local Contracting Agency adopts OAR 137-047-0250 through 137-047-0290 as the procedures the Local Contracting Agency will use to screen and select persons to perform Contracts for Personal Services other than Architectural, Engineering and Surveying Services and Related Services. (4) These Model Rules do not apply to the Contracts or the classes of Contracts described in ORS 279A.025(2). (5) These Model Rules do not apply to the contracting activities of the public bodies listed in ORS 279A.025(3). (6) Contracting Agencies otherwise subject to the Code and these Model Rules may enter into Contracts for Goods or Services with non-profit agencies providing employment opportunities for individuals with disabilities pursuant to ORS 279.835 through 279.855 without following the source selection procedures set forth in either 279A.200 through 279A.225, or 279B.050 through 279B.085. However, Contracting Agencies must enter into such Contracts in accordance with administrative rules promulgated by the Department. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.050, 279A.055, 279A.065 & 279A.180 History: DOJ 2-2015, f. & cert. ef. 2-3-15 Reverted to DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 10-2014(Temp), f. & cert. ef. 7-1-14 thru 12-26-14 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0200 Notice to Governor’s Policy Advisor for Economic and Business Equity In accordance with ORS 200.035, State Contracting Agencies shall provide timely notice of all Procurements and Contract Awards to the Governor’s Policy Advisor for Economic and Business Equity if the estimated Contract Price exceeds $10,000. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 200.035, OL 2015 & ch 325 (HB 2716) History: DOJ 18-2015, f. 12-31-15, cert. ef. 1-1-16 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0310 Reciprocal Preferences When evaluating Bids pursuant to OAR 137-047-0255, 137-047-0257 or 137-049-0390 and applying the reciprocal preference provided under ORS 279A.120(2)(b) a Contracting Agency may rely on the list prepared and maintained by the Department pursuant to ORS 279A.120(4) to determine: (1) Whether the Nonresident Bidder's state gives preference to in-state bidders; and (2) The amount of such preference. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.120 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0320 Preference for Recycled Materials (1) In comparing Goods from two or more Offerors, if at least one Offeror offers Goods manufactured from Recycled Materials, and at least one Offeror does not, a Contracting Agency shall select the Offeror offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125(2) exists. When making the determination under 279A.125(2)(d), the Contracting Agency shall consider the costs of the Goods following any adjustments the Contracting Agency makes to the price of the Goods after evaluation pursuant to OAR 137-046-0310. (2) A Contracting Agency shall determine if Goods are manufactured from Recycled Materials in accordance with standards established by the Contracting Agency. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.125 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0330 Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements (1) A contracting agency, in its Solicitation Documents to award a contract for a transit project that will be funded in whole or in part with funds from the federal government or a federal government agency, may provide for the application of a preference in favor of an Offeror whose bid or proposal exceeds the applicable federal Buy America requirements. (a) A contracting agency has discretion to adjust the amount or character of the preference to account for variations in the nature of the contract or project, and the degree to which each Offeror’s bid or proposal exceeds the federal Buy America requirements. (b) For example, in an invitation to bid procurement the contracting agency may authorize a range of preference price percentages to account for the various degrees to which the bidders might exceed the federal Buy America requirements. In no event, however, may the percentage preference given to a bidder exceed ten percent of the total bid price. (c) Similarly, under a request for proposals, the contracting agency may allocate and award evaluation points to reflect the degrees to which the proposers might exceed the applicable federal Buy America requirements. In no event, however, may those percentage points exceed ten percent of the total number of points available for award under the request for proposals. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: 2012 OL & ch 58 History: DOJ 8-2012, f. 7-2-12, cert. ef. 8-1-12
137-046-0400 Authority for Cooperative Procurements (1) Contracting Agencies may participate in, sponsor, conduct or administer Joint Cooperative Procurements, Permissive Cooperative Procurements and Interstate Cooperative Procurements in accordance with ORS 279A.200 through 279A.225. (2) Each Purchasing Contracting Agency shall determine in Writing whether the solicitation and award process for an Original Contract arising out of a Cooperative Procurement is substantially equivalent to those identified in ORS 279B.055, 279B.060 or 279B.085, consistent with 279A.200(2). Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.205 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0410 Responsibilities of Administering Contracting Agencies and Purchasing Contracting Agencies (1) If a Contracting Agency is an Administering Contracting Agency of a Cooperative Procurement, the Contracting Agency may establish the conditions under which Persons may participate in the Cooperative Procurement administered by the Administering Contracting Agency. Such conditions may include, without limitation, whether each Person who participates in the Cooperative Procurement must pay administrative fees to the Administering Contracting Agency, whether each Person must enter into a Written agreement with the Administering Contracting Agency, and any other matters related to the administration of the Cooperative Procurement and the resulting Original Contract. A Contracting Agency that acts as an Administering Contracting Agency may, but is not required to, include provisions in the Solicitation Document for a Cooperative Procurement and advertise the Solicitation Document in a manner to assist Purchasing Contracting Agencies' compliance with the Code or these Model Rules. (2) If a Contracting Agency acting as a Purchasing Contracting Agency enters into a Contract based on a Cooperative Procurement, the Contracting Agency shall comply with the Code and these Model Rules, including without limitation those sections of the Code and these Model Rules that govern: (a) The extent to which the Purchasing Contracting Agency may participate in the Cooperative Procurement; (b) The advertisement of the Solicitation Document related to the Cooperative Procurement; and (c) Public notice of the Purchasing Contracting Agency's intent to establish Contracts based on a Cooperative Procurement. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.205 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0420 Joint Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer a Joint Cooperative Procurement may do so only in accordance with ORS 279A.210. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.210 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0430 Permissive Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer a Permissive Cooperative Procurement may do so only in accordance with ORS 279A.215. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.215 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0440 Advertisements of Intent to Establish Contracts through a Permissive Cooperative Procurement (1) For purposes of determining whether a Purchasing Contracting Agency must give notice of intent to establish a Contract through a Permissive Cooperative Procurement as required by ORS 279A.215(2)(a), the estimated amount of the procurement will exceed $250,000 if: (a) The Purchasing Contracting Agency's Contract arising out of the Permissive Cooperative Procurement expressly provides that the Purchasing Contracting Agency will make payments over the term of the Contract that will, in aggregate, exceed $250,000, whether or not the total amount or value of the payments is expressly stated; (b) The Purchasing Contracting Agency's Contract arising out of the Permissive Cooperative Procurement expressly provides for payment, whether in a fixed amount or up to a stated maximum amount, that exceeds $250,000; or (c) At the time the Purchasing Contracting Agency enters into the Contract, the Purchasing Contracting Agency reasonably contemplates, based on historical or other data available to the Purchasing Contracting Agency, that the total payments it will make for Goods or Services, or both, or Personal Services, under the Contract will, in aggregate, exceed $250,000 over the anticipated duration of the Contract. (2) An Administering Contracting Agency that intends to establish a Contract arising out of the Permissive Cooperative Procurement it administers may satisfy the notice requirements set forth in ORS 279A.215(2)(a) by including the information required by 279A.215(2)(b) in the Solicitation Document related to the Permissive Cooperative Procurement, and including instructions in the Solicitation Document to potential Offerors describing how they may submit comments in response to the Administering Contracting Agency's intent to establish a Contract through the Permissive Cooperative Procurement. The content and timing of such notice shall comply in all respects with 279A.215(2), 279A.215(3) and these Model Rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.215 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-046-0450 Interstate Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer an Interstate Cooperative Procurement may do so only in accordance with ORS 279A.220. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279A.220 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05