OAR 137-045-0080: Authorization of Services Prior to Legal Sufficiency Approval

At an Agency's request and upon the Agency's compliance with the procedures set forth in this rule, the Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division, may authorize services to be performed under specific types of written Public Contracts or under written Public Contracts for specific Agency programs, before legal sufficiency approval as follows: (1) An Agency requesting authorization for performance of services under Public Contracts prior to legal sufficiency approval must submit a written authorization request signed by an executive officer of the Agency who is responsible for oversight of the Public Contracts to the Attorney in Charge of the Business Transactions Section or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division. The request must include: (a) A statement that the authorization request is made pursuant to this rule; (b) A description of the specific type of Public Contracts within the authorization request and a description of the circumstances in which the Agency will use these Public Contracts, or a description of the specific program for which the Agency will use the Public Contracts to be covered by the authorization; (c) A citation to the requesting Agency's statutory authority for entering into the specific type of Public Contracts to be covered by the authorization; (d) The form of Public Contracts comprising the type of Public Contracts within the exemption request or the form of Public Contracts used for the specific Agency program; (e) A description of the Agency's internal contract approval process and the signatures required for the type of Public Contracts within the authorization request; and (f) Any other information that the Attorney General requests in connection with the authorization request. (2) If the Attorney General determines that the authorization for performance of services prior to legal sufficiency approval will not result in undue risk to the State of Oregon under the type of Public Contracts within the authorization request or under Public Contracts used for the specific Agency program described in accordance with section (1) of this rule, the Attorney General may authorize the services under those Public Contracts prior to legal sufficiency approval. (3) If the Attorney General authorizes services under a Public Contract prior to legal sufficiency approval, the Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division will provide the Agency with a written pre-approval service authorization, subject to any conditions or limitations the Attorney General deems appropriate, including but not limited to a condition that the Public Contract may not be amended prior to legal sufficiency approval. (4) Any Public Contract under which the Attorney General authorizes services to be performed before approval for legal sufficiency must be submitted to the Attorney General, through the Attorney in Charge of the Business Transactions Section or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division, for legal sufficiency approval within a reasonable time after the Public Contract is signed by the parties, but in all cases before the Agency makes any payments under the Public Contract. As a condition for legal sufficiency approval, the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division may require that the Public Contract be amended as necessary to make it legally sufficient. (5) After the Public Contract has been approved for legal sufficiency, the Agency may make payments on the Public Contract even if the payments are for services rendered prior to legal sufficiency approval. An Agency is not authorized to make payments on the Public Contract before the Public Contract is approved for legal sufficiency and all other required approvals are obtained. (6) The Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division, may at any time review an authorization for pre-approval services granted under this rule. The Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assistant Attorney General designated by the Chief Counsel of the General Counsel Division may revoke or modify such authorization at any time upon written notice to the Agency that it is in the best interest of the State of Oregon that such authorization be revoked or modified. Revocation or modification of an authorization for pre-approval services granted under this rule shall not affect the validity of Public Contracts entered into under the authorization prior to the revocation or modification.