Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS
Section 137-009-0160 - Direct Negotiation and Contracting
Universal Citation: OR Admin Rules 137-009-0160
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 180.140(5), 183.310(9) & 279A.025(2)(j)
Stats. Implemented: ORS 180.140(5) & 279A.025(2)(j)
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