Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Attorney
General may exempt Public Contracts falling within a class from the legal
sufficiency approval requirement. The Attorney General delegates to the Chief
Counsel of the General Counsel Division and the Attorney-in-Charge of the
Business Transactions Section the authority to exempt Public Contracts falling
within a class, and to otherwise act on behalf of the Attorney General, in
accordance with this rule. The Chief Counsel of the General Counsel Division
may delegate this authority to Assistant Attorneys General, subject to any
limitations established by the Chief Counsel.
(2) An Agency requesting an exemption for
Public Contracts falling within a class must submit a written request to the
Attorney General in the same manner that Agencies submit other requests for
review and approval of Public Contracts under these Division 045 rules. The
request must be signed by an executive officer of the Agency who is responsible
for oversight of the subject Public Contracts and must be include:
(a) A statement that the exemption request is
made pursuant to this rule;
(b)
Citation to the requesting Agency's statutory authority for procuring and
entering into the Public Contracts within the class;
(c) A description of the nature of the
business proposed to be transacted under Public Contracts within the class, and
the extent to which such business is or is not substantially the same from
transaction to transaction within the class;
(d) A description of the circumstances in
which the Public Contracts within the class will be used;
(e) Either:
(A) Samples of the proposed form or forms of
the Public Contracts within the class, any form of amendment, and the form
purchase order or other ordering instrument, if any, to be used in connection
with the Public Contracts within the class; or
(B) A request that the Attorney General
assist the Agency in developing the form or forms of the Public Contracts
within the class, any form of amendment, and the form purchase order or other
ordering instrument to be used in connection with the Public Contacts within
the class;
and
(f) A description of the Agency's internal
contract approval process and signatures required for the Public Contracts
within the class.
(3)
Following the submission of the request the Agency will provide any other
information requested by the Assistant Attorney General responsible for
reviewing and granting or denying the request for exemption.
(4) If the Attorney General determines that
the degree of risk assumed by an Agency is not materially reduced by legal
review and approval of individual Public Contracts falling within the class,
the Attorney General will provide the Agency a written exemption, subject to
any terms, conditions or limitations the Attorney General deems appropriate,
which may include, but are not limited to:
(a)
A limit on the duration of the exemption;
(b) Restrictions or conditions on the use of
the forms of Public Contract, amendment, or purchase order or similar ordering
instrument referenced in the written exemption;
(c) A requirement that the individual or
individuals at the Agency who are responsible for entering into and
administering the Public Contract subject to the exemption satisfactorily
complete and periodically update any training related to review and
administration of the type of contract or contracts subject to the exemption,
or otherwise demonstrate to the satisfaction of the Attorney General that such
individuals possess the appropriate training, certification, or experience to
effectively enter into and administer the Public Contracts subject to the
exemption.
(d) The extent to which
the agency may, without further review by the Attorney General:
(A) Modify the terms and conditions of
individual contracts subject to the exemption, including Technical
Specifications or the Statement of Work;
(B) Select among alternative terms for
specific provisions of the contracts subject to the exemption, and the
conditions under which such alternative terms may be used; or
(C) Include provisions drafted by the Agency
in any contract subject to the exemption without requiring additional review by
the Attorney General, which provisions may include Technical Specifications or
descriptions of the good, services, or activities that are the subject of any
Public Contract subject to the exemption.
(5)
(a) An
Agency granted an exemption under section 4 shall, at the Attorney General's
request or according to a schedule and procedures set forth in the written
exemption, submit to the Attorney General one or more exempted Public Contracts
entered into under the exemption for review for compliance with the terms,
conditions, or limitations established in the written exemption.
(b) Depending upon the results of any such
review conducted under subsection 5(a), the Attorney General may take action,
including, but not limited to:
(A) Provide
comments to the Agency summarizing the results of the Attorney General's
review;
(B) Require changes to
preapproved provisions of the form of contract, amendment, or purchase order or
similar ordering instruments subject to the exemption;
(C) Modify the conditions of the exemption to
address any issues discovered during the Attorney General's review;
(D) Modify the conditions of the exemption or
suspend the exemption indefinitely or until the Agency satisfies or completes,
to the Attorney General's satisfaction, any remedial activities requested by
the Attorney General to address any issues discovered during the review
conducted under subsection (5)(a); or
(E) Terminate the exemption.
(c) The Attorney General's costs
for conducting the activities specified in section (5) of this rule shall be at
the expense of the Agency unless otherwise agreed.
(6) The expiration, revocation, or
modification of an exemption granted under this rule shall not affect the
validity of Public Contracts entered into under the exemption before the
expiration, revocation or modification.
Statutory/Other Authority: ORS
291.047(5)
Statutes/Other Implemented: ORS
291.047(5)(a)
