Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0140 - Solicitation Document Templates; Contract Forms and Contract Templates; Accountability for Advice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney
			 General and the Director of the Oregon Department of Administrative Services
			 will make available to state agencies Solicitation Document templates, Contract
			 forms, and Contract templates as described in ORS
			 279A.157. State agencies shall
			 use approved Solicitation Document templates, Contract forms or Contract
			 templates as required by ORS
			 279A.157.
(2) The Attorney General, in cooperation with
			 the Oregon Department of Administrative Services, will develop and make
			 available to state agencies the process the Attorney General and the department
			 will use to approve and designate Solicitation Document templates, Contract
			 forms and Contract templates for required use, including the process for
			 revising, updating or approving agency-specific variations of the approved
			 Solicitation Document templates, Contract forms, and Contract
			 templates.
(3) Contract forms and
			 Contract templates include amendments to Contracts, including change orders,
			 purchase orders, and other ordering instruments issued under Contracts, when
			 the amendments, change orders, purchase orders, or other ordering instruments
			 provide for payment in excess of the threshold for legal sufficiency review and
			 approval as set forth in ORS
			 291.047 and the Attorney
			 General's Rules for the Review of Public Contracts.
(4) The Attorney General may exempt from
			 required use a Solicitation Document template, Contract form, or Contract
			 template that is approved by the Attorney General, subject to any conditions
			 the Attorney General may impose on the continued use of the exempted and
			 approved Solicitation Document template, Contract form or Contract
			 template.
(5) The Attorney General,
			 in cooperation with the Department of Administrative Services, shall specify
			 how state agencies may access the approved Solicitation Document templates,
			 Contract forms or Contract templates and shall also provide a list of the
			 Solicitation Document templates, Contract forms or Contract templates that are
			 exempt from the required use.
(6)
			 Before a State Contracting Agency executes a Contract with a Contract Price
			 that exceeds the threshold for legal sufficiency review and approval as set
			 forth in ORS 291.047 and the Attorney
			 General's Rules for the Review of Public Contracts, the State Contracting
			 Agency must designate in Writing the state employee who will oversee a specific
			 Contract, or specifically identified Contracts, or a specifically identified
			 category of Contracts. The Written designation must identify the employee as
			 the "Contract Administrator" for the Contract or Contracts. The director or
			 other head of the State Contracting Agency (or that officer's designee under
			 ORS 279A.161 must verify that the
			 Contract Administrator has read and understands all advice and recommendations
			 given with respect to the Contract and Procurement. The director or other head
			 of the State Contracting Agency (or that officer's designee) shall sign and
			 preserve as an Agency record a statement acknowledging that the officer
			 reviewed the advice and recommendations, and made the verification, in
			 accordance with ORS 279A.161.
(7) As used in ORS
			 279A.161, "advice and
			 recommendations" means material advice and recommendations from the Oregon
			 Department of Justice or the Oregon Department of Administrative Services to a
			 State Contracting Agency with respect to a specific Contract and amendments to
			 the Contract, or a Procurement that resulted in the Contract. The term does not
			 include advice or recommendations provided to a State Contracting Agency that
			 were not directed to a specific Contract or Procurement. For example,
			 programmatic advice or recommendations that address the general scope of
			 authority or required procedures of a State Contracting Agency program do not
			 constitute advice and recommendations. Material advice or recommendations are
			 Written communications that address:
(i)
			 subject matter that modifies or influences the meaning, performance,
			 administration, or means of enforcement of a Contract; or
(ii) the allocation of significant
			 liabilities or risk under a Contract.