OAR 137-045-0070
Emergency Public Contract Exemption


(1)

Upon the Agency’s compliance with the procedures set forth in section (2), a Public Contract entered into in an Emergency is exempt from the legal sufficiency approval requirement.

(2)

An executive officer of the Agency who is responsible for oversight of the Public Contract must prepare and sign a written report that contains:

(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.

(3)

The executive officer shall prepare and sign the written report no later than 10 business days after execution of the Public Contract. The Agency shall maintain a copy of the report in the Agency’s Emergency Public Contract file. The Agency shall provide a copy of the report to the Attorney in Charge, Business Transactions Section within 30 days after preparing the report.

Source: Rule 137-045-0070 — Emergency Public Contract Exemption, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-045-0070.

Last Updated

Jun. 8, 2021

Rule 137-045-0070’s source at or​.us