OAR 137-045-0030
Review of Public Contracts
(1)
Except as described in section (2), before a Public Contract is binding on the State of Oregon, and before any service may be performed or payment may be made under the Public Contract, the Attorney General must approve for legal sufficiency in accordance with these rules:(a)
Any Public Contract calling for or providing for payment in excess of $150,000.(b)
An amendment to a Public Contract described in subsection (1)(a).(c)
An amendment that makes the amended Public Contract subject to legal sufficiency approval under subsection (1)(a).(2)
The legal sufficiency approval requirement described in section (1) does not apply to Public Contracts that are exempt from legal sufficiency approval under these division 45 rules.(3)
For purposes of determining whether a Public Contract exceeds the amounts set forth in section (1), a Public Contract calls for or provides for payments in excess of the applicable amount if one of the following applies:(a)
The Public Contract expressly provides that the Agency will make or receive payments in money, services or goods over the term of the Public Contract with a value that will, in aggregate, exceed the applicable threshold, whether or not the total amount or value of the payments is expressly stated. For purposes of this subsection, when an agency is lending money, and the only payment to the Agency is in money, “payments” receivable by the Agency mean principal, only.(b)
The Public Contract expressly provides for a guaranteed maximum price or a maximum not to exceed amount payable or receivable by the Agency with a value that exceeds the applicable threshold.(c)
Based on historical or other data available to the contracting Agency at the time of entering into the Public Contract, the contracting Agency determines that the value of the benefit, loss or detriment to the Agency that is called for by the Public Contract will likely exceed the applicable threshold.(4)
An Agency shall not fragment or segregate transactions for purposes of circumventing the legal sufficiency approval requirement.(5)
A program or activity of a recipient of a Grant that is financed by the Grant does not constitute a service performed under a Public Contract for purposes of this rule.
Source:
Rule 137-045-0030 — Review of Public Contracts, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-045-0030.