Or. Admin. Code § 137-046-0140 - Solicitation Document Templates; Contract Forms and Contract Templates; Accountability for Advice
(1) The
Attorney General and the Director of the Oregon Department of Administrative
Services will make available to state agencies Solicitation Document templates,
Contract forms, and Contract templates as described in ORS 279A.157. State
agencies shall use approved Solicitation Document templates, Contract forms or
Contract templates as required by ORS 279A.157.
(2) The Attorney General, in cooperation with
the Oregon Department of Administrative Services, will develop and make
available to state agencies the process the Attorney General and the department
will use to approve and designate Solicitation Document templates, Contract
forms and Contract templates for required use, including the process for
revising, updating or approving agency-specific variations of the approved
Solicitation Document templates, Contract forms, and Contract
templates.
(3) Contract forms and
Contract templates include amendments to Contracts, including change orders,
purchase orders, and other ordering instruments issued under Contracts, when
the amendments, change orders, purchase orders, or other ordering instruments
provide for payment in excess of the threshold for legal sufficiency review and
approval as set forth in ORS 291.047 and the Attorney General's Rules for the
Review of Public Contracts.
(4) The
Attorney General may exempt from required use a Solicitation Document template,
Contract form, or Contract template that is approved by the Attorney General,
subject to any conditions the Attorney General may impose on the continued use
of the exempted and approved Solicitation Document template, Contract form or
Contract template.
(5) The Attorney
General, in cooperation with the Department of Administrative Services, shall
specify how state agencies may access the approved Solicitation Document
templates, Contract forms or Contract templates and shall also provide a list
of the Solicitation Document templates, Contract forms or Contract templates
that are exempt from the required use.
(6) Before a State Contracting Agency
executes a Contract with a Contract Price that exceeds the threshold for legal
sufficiency review and approval as set forth in ORS 291.047 and the Attorney
General's Rules for the Review of Public Contracts, the State Contracting
Agency must designate in Writing the state employee who will oversee a specific
Contract, or specifically identified Contracts, or a specifically identified
category of Contracts. The Written designation must identify the employee as
the "Contract Administrator" for the Contract or Contracts. The director or
other head of the State Contracting Agency (or that officer's designee under
ORS 279A.161 must verify that the Contract Administrator has read and
understands all advice and recommendations given with respect to the Contract
and Procurement. The director or other head of the State Contracting Agency (or
that officer's designee) shall sign and preserve as an Agency record a
statement acknowledging that the officer reviewed the advice and
recommendations, and made the verification, in accordance with ORS
279A.161.
(7) As used in ORS
279A.161, "advice and recommendations" means material advice and
recommendations from the Oregon Department of Justice or the Oregon Department
of Administrative Services to a State Contracting Agency with respect to a
specific Contract and amendments to the Contract, or a Procurement that
resulted in the Contract. The term does not include advice or recommendations
provided to a State Contracting Agency that were not directed to a specific
Contract or Procurement. For example, programmatic advice or recommendations
that address the general scope of authority or required procedures of a State
Contracting Agency program do not constitute advice and recommendations.
Material advice or recommendations are Written communications that address:
(i) subject matter that modifies or
influences the meaning, performance, administration, or means of enforcement of
a Contract; or
(ii) the allocation
of significant liabilities or risk under a Contract.
Notes
Statutory/Other Authority: ORS 279A.065, OL 2015 & ch 646 (HB 2375)
Statutes/Other Implemented: OL 2015 & ch 646 (HB 2375)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.