Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Except as described in section (2), before a Public Contract is binding on the
State of Oregon, and before any service may be performed or payment may be made
under the Public Contract, the Attorney General must approve for legal
sufficiency in accordance with these rules:
(a) Any Public Contract that is for or
includes the acquisition of Information Technology that requests or provides
for payment in excess of $150,000;
(b) Any Public Contract other than those
described in subsection 1(a) above that requests or provides for payment in
excess of $250,000;
(c) An
amendment to a Public Contract described in subsection (1)(a) or 1(b), unless
these rules otherwise exempt the amendment from such approval; or
(d) An amendment to a Public Contract that
makes the amended Public Contract subject to legal sufficiency approval under
subsection (1)(a) or 1(b).
(2) The legal sufficiency approval
requirement described in section (1) does not apply to Public Contracts that
are exempt from legal sufficiency approval under these division 045
rules.
(3) For purposes of
determining whether a Public Contract exceeds the amounts set forth in section
(1), a Public Contract requests or provides for payments in excess of the
applicable amount if one of the following applies:
(a) The Public Contract expressly provides
that the Agency will make or receive payments in money, services or goods over
the anticipated term of the Public Contract with a value that will, in
aggregate, exceed the applicable threshold, whether or not the total amount or
value of the payments is expressly stated. For purposes of this subsection,
when an agency is lending money, and the only payment to the Agency is in
money, "payments" receivable by the Agency mean principal only;
(b) The Public Contract expressly provides
for a guaranteed maximum price or a maximum not to exceed amount payable or
receivable by the Agency with a value that exceeds the applicable threshold;
or
(c) Based on historical or other
data available to the Agency at the time of entering into the Public Contract,
the Agency determines that the value of the benefit, loss or detriment to the
Agency under the Public Contract will likely exceed the applicable
threshold.
(4) An Agency
shall not fragment or segregate transactions for purposes of circumventing the
legal sufficiency approval requirement.
(5) A program or activity of a Grant
recipient that is financed by the Grant does not constitute a service performed
under a Public Contract for purposes of this rule.
Statutory/Other Authority: ORS
291.047(3)
Statutes/Other Implemented: ORS
291.047
