Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0035 - Review of Anticipated Public Contracts and Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
(3) If an Agency issues a Procurement
			 Document for a Price Agreement or for the award of multiple Public Contracts
			 and the Agency anticipates that the cumulative value of all contracts entered
			 into or orders made under the Price Agreement will exceed the applicable
			 threshold in OAR 137-045- 0030(1), the Agency must provide any associated
			 Agency Procurement Documents to the Attorney General for review of the terms of
			 the anticipated contracts to be entered into under the Price Agreement. An
			 Assistant Attorney General must authorize release of the Procurement Documents
			 for a Price Agreement before the Agency may release them but may waive the
			 failure of an Agency to comply with this rule if the Assistant Attorney General
			 determines that re-solicitation of the Price Agreement would not materially
			 reduce the risk to the State. This section does not require review and approval
			 of any Public Contract that is not otherwise subject to that requirement under
			 these rules.
Statutory/Other Authority: ORS
				  291.047(3)
Statutes/Other Implemented: ORS
				  291.047