Or. Admin. Code § 736-147-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-147-0030 - Emergency Procurements Process

(1) The Director of OPRD or person designated under ORS 279A.075, may authorize OPRD personnel to award a public contract for goods and services as an emergency procurement pursuant to the requirements of 279B.080. Emergency contracts are exempt from Department of Justice legal sufficiency review under OAR 173-045-0070 as set out in subsection (3)(b) of this rule.

(2) Pursuant to the requirements of this rule, OPRD may, in its discretion, enter into a public contract without competitive solicitation if an emergency exists. Emergency means circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services or threat to public health or safety that requires prompt execution of a contract to remedy the condition.

(3) For contracts above $5,000, when entering into an emergency contract, OPRD must:

(a) Encourage competition that is reasonable and appropriate under the circumstances;

(b) Award contract within sixty (60) days following the event triggering the need for an emergency contract unless an extension has been granted by the Director of OPRD or person designated;

(c) Have a written report prepared and signed by an executive of OPRD who is responsible for oversight of the public contract within ten (10) business days after execution of the public contract, said report to contain:

(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.

(d) Maintain a copy of report described in (c) of this rule in OPRD's emergency public contract file and provide a copy of the report to the Attorney in Charge, Business Transactions Section, Department of Justice, within thirty (30) days after preparing the report;

(e) Provide a summary of the contract on the Oregon Procurement Information Network (ORPIN) maintained by the DAS State Procurement Office.

Or. Admin. Code § 736-147-0030

PRD 1-2007, f. & cert. ef. 2-7-07; PRD 13-2008, f. & cert. e.f 12-15-08; PRD 17-2009, f. & cert. ef. 12-4-09

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070

Stats. Implemented: ORS 279B.080