Or. Admin. R. 137-009-0160

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

Section 137-009-0160 - Direct Negotiation and Contracting

(1) The Department may directly negotiate and enter into contracts with Contractors to provide legal services without following the procedures set forth in OAR 137-009-0145 through 137-009-0155 in the following circumstances:

(a) The contract's maximum consideration does not exceed $25,000;

(b) The subject matter of the representation is highly confidential, and there is a substantial risk that the interests of the State of Oregon or the Department would be adversely affected by a more public Solicitation;

(c) The subject matter of the representation is highly time sensitive, and there is a substantial risk that the interests of the State of Oregon or the Department would be adversely affected by any delay in obtaining a Contractor;

(d) The cost of the representation will be borne in whole or in part by a nonstate entity and the nonstate entity has a legal right to influence selection of legal counsel; or

(e) Any other situation in which the Attorney General or the Deputy determines that the interests of the Department or the State of Oregon are best served by direct negotiation and contracting with Contractors.

(2) In directly negotiating and entering into a contract with a Contractor, the Department shall consider Lowest Overall Cost.

Or. Admin. R. 137-009-0160

DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05; DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05

Stat. Auth.: ORS 180.140(5), 183.310(9) & 279A.025(2)(j)

Stats. Implemented: ORS 180.140(5) & 279A.025(2)(j)