Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS
Section 137-009-0145 - Procedure to Develop Lists of Individuals or Entities under Master Agreements

Universal Citation: OR Admin Rules 137-009-0145

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Department may use a Solicitation to request proposals or information that describes general or specific legal services to be performed within a defined period of time. The purpose of such a Solicitation is to establish a list of individuals or entities under Master Agreements for a specified period of time to provide legal services within Designated Practice Areas as requested by the Department and agreed to by the individual or entity.

(a) The Department shall provide notice of the Solicitation on ORPIN or in any other manner the Department deems appropriate to provide notice to a sufficient number of individuals or entities to develop adequate lists of available individuals or entities.

(b) The Department shall provide notice of the Solicitation to the Advocate in accordance with ORS 200.035 and this subsection. The Department may satisfy the requirement for notice to the Advocate by posting the notice on ORPIN for at least five calendar days prior to selection. The Department may also provide notice to the Advocate by any of the following Advocate approved methods:
(A) Faxing notice of Solicitation to the Advocate; or

(B) E-mailing notice of Solicitation to the Advocate; or

(C) Performing a Self Search with notice of results to the Advocate.

The notice form is available at: http://www.governor.oregon.gov/Gov/MWESB/index.shtml [File Link Not Available]

No waiting period is imposed, prior to selection, when using the fax or e-mail method.

(2) The evaluation criteria in the Solicitation may include, without limitation, consideration of the following factors:

(a) Availability and capability to perform the work;

(b) Fees or costs, including proposed discounts from rates generally charged other clients;

(c) Geographic proximity to the location where the legal services will primarily be performed;

(d) Ethical considerations, such as the existence of conflicts of interest;

(e) Recommendations of subject matter experts, such as client agency representatives with special knowledge or insights into necessary or desirable non-legal knowledge or background;

(f) Any other criteria the Department determines relevant to the provision of legal services.

(3) In weighing the factors set forth above, no single factor shall be determinative. But if one factor strongly suggests the Department should enter into a Master Agreement with a proposer with respect to a Designated Practice Area, it may outweigh one or more other factors that favor other proposers.

(4) The Department may either sign a Master Agreement with qualified individuals or entities in particular Designated Practice Areas or cancel the Solicitation.

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

Stats. Implemented: ORS 180.140(5), 200.035 & 279A.025(2)(j)

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