Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS
279A.065(5)(a)
& 279A.070
Stats. Implemented: ORS
279B.080
