125-246-0350 Approval of Personal Services Contracts (1) Application. For the purposes of this Rule only, "Personal Services" includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. (2) State Chief Procurement Officer Approval. Except as provided in OAR 125-246-0170, the State Chief Procurement Officer or delegate must approve all Personal Services Contracts exceeding $250,000 before the Authorized Agency executes the Contract. (3) Requisite Approvals First. All requisite approvals must be obtained, including the approval of the Attorney General, if required, before any Personal Services Contract entered into by an Authorized Agency becomes binding upon the State and before any service may be performed or payment made under the Contract, unless: (a) The Contract is exempt from the prohibition against services being performed before review for legal sufficiency is obtained under ORS 291.047(6); or (b) The State Chief Procurement Officer or delegate authorizes an Authorized Agency to acquire services before obtaining all requisite approvals in accordance with OAR 125-246-0351. (4) Approval after Legal Sufficiency Review. The State Chief Procurement Officer may not approve a Personal Services Contract before the Attorney General approves this Personal Services Contract under ORS 291.047. (5) Types of Approvals. (a) When Attorney General legal sufficiency approval is required under ORS 291.047, the Authorized Agency must seek legal approval; (b) When an Authorized Agency contracts for services normally provided by another Authorized Agency or for services for which another Authorized Agency has statutory responsibilities, the Authorized Agency is required to seek the other Authorized Agency's approvals, prior to final approval by the State Chief Procurement Officer. Examples of these special approvals include, but are not limited to: (A) Department, Risk Management Services, for providing tort liability coverage. (B) Department, Enterprise Goods and Services Division, Publishing and Distribution, for printing services; (C) Department, Enterprise Goods and Services Division, for accounting services; (D) Office of the Treasurer, Debt Management Division, for financial and bond counsel services (bond counsel services also require the approval of the Attorney General); and (E) State Chief Information Office, for information-system related and telecommunications services. A state agency, as defined in ORS 279A.010(1), must obtain any review or approval in accordance with OAR 125-247-0185. A state agency is also encouraged to use the State Chief Information Office as a resource in carrying out information system-related projects. This may include: (i) Assistance to the state agency in developing Statements of Work related to information system projects; (ii) Reviews to assure consistency with State standards and direction; and (iii) A listing of vendors that provide information system-related services. (c) The Authorized Agency's and Contractor's execution must be obtained; (d) The State Chief Procurement Officer approval, when required, is last. (6) Attorney or Financial Auditing Services. (a) The Attorney General has sole authority to contract for attorney services. Only the Attorney General may grant exceptions in Writing on a case-by-case basis; (b) The Secretary of State Audits Division has sole authority to contract for financial auditing services. Only the Secretary of State Audits Division may grant exceptions in Writing on a case-by-case basis. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.140(2) History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023 DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05