OAR 137-045-0060
Class Exemptions Based on Attorney General’s Pre-Approval
(1)
An Agency requesting an exemption for Public Contracts falling within a class must submit a written exemption request to the Attorney in Charge, Business Transactions Section, for approval. The exemption request must be signed by an executive officer of the Agency who is responsible for oversight of Public Contracts and must be accompanied by:(a)
A statement that the exemption request is made pursuant to this rule;(b)
Citation to the requesting Agency’s statutory authority for procuring and entering into the Public Contracts within the class;(c)
A description of the nature of the business transacted with the Public Contracts within the class;(d)
A description of the circumstances in which the Public Contracts within the class will be used;(e)
Samples of form Public Contracts used for the Public Contracts within the class and any form of amendment to be used in connection with the Public Contracts within the class;(f)
A description of the Agency’s internal contract approval process and signatures required for the Public Contracts within the class; and(g)
A statement by the Agency that:(A)
The nature of the business transacted under Public Contracts within the class is substantially the same from transaction to transaction; and(B)
The form of Public Contract and any form of amendment submitted in accordance with OAR 137-045-0060 (Class Exemptions Based on Attorney General’s Pre-Approval)(1)(e) do not vary from transaction to transaction, other than one or more of the following and related payment obligations, as necessary: the expiration date or project completion date of the Public Contract; Technical Specifications; time, place, quantity or form of delivery; price; or other provisions as specified in the statement; and(C)
The Agency will not modify the form of Public Contract and any form of amendment, other than as specifically provided for in OAR 137-045-0060 (Class Exemptions Based on Attorney General’s Pre-Approval)(1)(g)(B) above, without review and approval for legal sufficiency by the Attorney General, nor will the Agency use such Public Contract other than in transactions described in the exemption request; and(h)
Any other information that the Attorney General or the Attorney in Charge, Business Transactions Section, requests in connection with the exemption request.(2)
If the Attorney General has determined that the degree of risk assumed by an Agency is not materially reduced by legal review and approval of individual Public Contracts falling within a class reviewed by the Attorney General in accordance with section (1) of this rule, the Attorney General will provide the Agency a written exemption, subject to any terms, conditions or limitations the Attorney General deems appropriate, including but not limited to, the duration of the exemption, restrictions on the use of the submitted forms of Public Contract, form of purchase order or similar instrument or any form of amendment.(3)
The Attorney General may at any time review an exemption granted under section (2) of this rule. The Attorney General may revoke or modify such exemption at any time upon written notice to the Agency that it is in the best interest of the State of Oregon that the exemption be revoked or modified. Revocation or modification of an exemption granted under this rule shall not affect the validity of Public Contracts entered into under the exemption prior to the revocation or modification.
Source:
Rule 137-045-0060 — Class Exemptions Based on Attorney General's Pre-Approval, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-045-0060.