Or. Admin. R. 137-045-0070

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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.

Or. Admin. R. 137-045-0070

DOJ 2-2001, f. & cert. ef. 1-18-01; DOJ 17-2003, f. & cert. ef. 12-9-03; DOJ 19-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08; DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 28-2023, amend filed 12/29/2023, effective 1/1/2024

Statutory/Other Authority: ORS 291.047(5)

Statutes/Other Implemented: ORS 291.047(5)(b)