Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0351 - Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(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. "Requisite approvals" are defined in OAR
			 125-246-0350.
(2) Personal Services
			 may be performed before all requisite approvals are obtained under a Personal
			 Services Contract if the Personal Services Contract is exempt from the
			 prohibition against services being performed before review for legal
			 sufficiency is obtained under ORS
			 291.047(6).
(3) The process set forth in this Rule is
			 intended to allow Authorized Agencies to acquire services before obtaining all
			 requisite approvals for those Personal Services Contracts that call for
			 payments of less than the Threshold for legal sufficiency review by the
			 Attorney General.
(4) The Chief
			 Procurement Officer may authorize an Authorized Agency to acquire services
			 before obtaining all requisite approvals when circumstances exist that require
			 prompt action to protect the interests of the State. An Authorized Agency may
			 seek such authorization for a Personal Services Contract or a class of Personal
			 Services Contracts to address specific recurring needs to acquire services on
			 short notice. An Authorized Agency seeking the State Chief Procurement
			 Officer's authorization must describe particular circumstances that make it
			 impracticable to obtain all requisite approvals before acquiring services. The
			 State Chief Procurement Officer will only authorize an Authorized Agency to
			 acquire services before obtaining all requisite approvals if the Authorized
			 Agency follows the procedures set forth in this Rule. The State Chief
			 Procurement Officer's authorization according to this Rule only allows the
			 Authorized Agency to acquire services before obtaining all requisite approvals.
			 It does not authorize the Authorized Agency to make any payments before
			 obtaining all requisite approvals.
(5) The Authorized Agency seeking the State
			 Chief Procurement Officer's authorization to acquire services before obtaining
			 all requisite approvals must provide:
(a)
			 Written findings to the State Chief Procurement Officer that describe the
			 specific recurring circumstances that require the Authorized Agency to take
			 prompt action to protect the interests of the State because they create
			 substantial risk of loss, damage, interruption of services or threat to public
			 health or safety. The Authorized Agency must also describe why, under these
			 specific circumstances, it will be impracticable to obtain all requisite
			 approvals before acquiring services;
(b) The Personal Services Contract form that
			 the Authorized Agency will use for the Contract entered into after acquiring
			 services, but before making payments.
(c) Documentation demonstrating that the
			 Authorized Agency has established procedures to administer the Contract or
			 class of Contracts, for which it seeks authorization.