OAR 125-246-0351
Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract


(1)

Application. For the purposes of this Rule only, “Personal Services” includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. “Requisite approvals” are defined in OAR 125-246-0350 (Approval of Personal Services Contracts).

(2)

Personal Services may be performed before all requisite approvals are obtained under a Personal Services Contract if the Personal Services Contract is exempt from the prohibition against services being performed before review for legal sufficiency is obtained under ORS 291.047 (Public contract approval by Attorney General)(6).

(3)

The process set forth in this Rule is intended to allow Authorized Agencies to acquire services before obtaining all requisite approvals for those Personal Services Contracts that call for payments of less than the Threshold for legal sufficiency review by the Attorney General.

(4)

The Chief Procurement Officer may authorize an Authorized Agency to acquire services before obtaining all requisite approvals when circumstances exist that require prompt action to protect the interests of the State. An Authorized Agency may seek such authorization for a Personal Services Contract or a class of Personal Services Contracts to address specific recurring needs to acquire services on short notice. An Authorized Agency seeking the Chief Procurement Officer’s authorization must describe particular circumstances that make it impracticable to obtain all requisite approvals before acquiring services. The Chief Procurement Officer will only authorize an Authorized Agency to acquire services before obtaining all requisite approvals if the Authorized Agency follows the procedures set forth in this Rule. The Chief Procurement Officer’s authorization according to this Rule only allows the Authorized Agency to acquire services before obtaining all requisite approvals. It does not authorize the Authorized Agency to make any payments before obtaining all requisite approvals.

(5)

The Authorized Agency seeking the Chief Procurement Officer’s authorization to acquire services before obtaining all requisite approvals must provide:

(a)

Written findings to the Chief Procurement Officer that describe the specific recurring circumstances that require the Authorized Agency to take prompt action to protect the interests of the State because they create substantial risk of loss, damage, interruption of services or threat to public health or safety. The Authorized Agency must also describe why, under these specific circumstances, it will be impracticable to obtain all requisite approvals before acquiring services;

(b)

The Personal Services Contract form that the Authorized Agency will use for the Contract entered into after acquiring services, but before making payments.

(c)

Documentation demonstrating that the Authorized Agency has established procedures to administer the Contract or class of Contracts, for which it seeks authorization.

(6)

The Chief Procurement Officer after review of the material required by Section (5) above, may authorize the Authorized Agency to acquire the specific services under the specific circumstances described in response to Section (5)(a) above before obtaining all requisite approvals. If the Chief Procurement Officer provides authorization, the Chief Procurement Officer will do so in Writing, subject to any conditions or limitations the Chief Procurement Officer deems appropriate, including but not limited to the duration of the authorization, and any other terms and conditions the Chief Procurement Officer may determine are appropriate.

(7)

If Authorized Agency acquires services before obtaining all requisite approvals when authorized by the Chief Procurement Officer, the Authorized Agency, as soon as practicable after acquiring the services, must enter into a Written Contract in the form submitted by the Authorized Agency and approved by the Chief Procurement Officer. The Authorized Agency must not revise the terms of the approved Contract form submitted by Authorized Agency without the Chief Procurement Officer’s approval.

(8)

The Authorized Agency must not make any payments for services before obtaining all requisite approvals.

(9)

The Chief Procurement Officer authorization to perform services before obtaining all requisite approvals does not exempt the Authorized Agency from obtaining legal sufficiency review, if required under the provisions of ORS 291.047 (Public contract approval by Attorney General).

(10)

An Authorized Agency authorized to perform services before obtaining all requisite approvals must follow all applicable screening and selection requirements unless otherwise exempt from those requirements.

Source: Rule 125-246-0351 — Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-246-0351.

125‑246‑0100
Application
125‑246‑0110
Definitions
125‑246‑0120
Policies
125‑246‑0130
Application of the Code and Rules
125‑246‑0135
Solicitation Templates
125‑246‑0140
Procurement Authority
125‑246‑0150
Applicability of These Rules to Agencies
125‑246‑0165
Delegation Policy and Procedures
125‑246‑0170
Delegation of Authority
125‑246‑0200
Affirmative Action
125‑246‑0210
Subcontracting to and Contracting with Emerging Small Businesses
125‑246‑0220
Governor’s Policy Advisor for Economic and Business Equity
125‑246‑0300
Preference for Oregon Supplies and Services
125‑246‑0310
Reciprocal Preferences
125‑246‑0314
Disabled Veterans Preference
125‑246‑0316
Lighting Preference Relating to Mercury
125‑246‑0318
Oregon Employment Preference
125‑246‑0319
Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements
125‑246‑0320
Recycling
125‑246‑0321
Recycling Policy
125‑246‑0322
Preference for Recycled Materials
125‑246‑0323
Recycled Paper and Paper Products
125‑246‑0324
Recycling: Food Service and Food Packaging
125‑246‑0330
Supplier Requirements
125‑246‑0333
Independent Contractors
125‑246‑0335
Authority and Standards for Personal Services Contracts
125‑246‑0345
Procedures for Personal Services Contracts
125‑246‑0350
Approval of Personal Services Contracts
125‑246‑0351
Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract
125‑246‑0353
Reporting Requirements for Personal Services Contracts
125‑246‑0360
Purchases Through Federal Programs
125‑246‑0365
ORS 190 Agreements (Intergovernmental)
125‑246‑0400
Cooperative Procurement
125‑246‑0500
Oregon Procurement Information Network (ORPIN)
125‑246‑0555
Contract Administration
125‑246‑0556
Procurement Files
125‑246‑0570
Reinstatement of Expired Contract
125‑246‑0576
Payment Authorization for Cost Overruns for Services Contracts
125‑246‑0580
Dispute Resolution
125‑246‑0600
Ethics in Public Contracting
125‑246‑0605
Ethics
125‑246‑0610
Appointments to Advisory Committees
125‑246‑0615
Nonretaliation
125‑246‑0620
Specifications
125‑246‑0621
Anti-Trust Laws
125‑246‑0625
Sole-Source
125‑246‑0630
Fragmentation
125‑246‑0635
Authorized Agency and Provider Communications
125‑246‑0800
Selling or Leasing Supplies and Services
125‑246‑0900
Penalties
Last Updated

Jun. 8, 2021

Rule 125-246-0351’s source at or​.us