OAR 459-005-0400: General Applicability of Attorney General’s Model Public Contract Rules

(1) When PERS has independent statutory authority to contract, and the Public Contracting Code does not apply, PERS adopts the following Attorney General’s Model Public Contract Rules to govern its contracting activity: (a) OAR chapter 137, division 46 — General Provisions Related to Public Contracting: 137-046-0100, 137-046-0110, 137-046-0200, 137-046-0252, and 137-046-0400 through 137-046-0480; and (b) OAR chapter 137, division 47 — Public Procurements for Goods or Services: 137-047-0100, 137-047-0260 through 137-047-0670, 137-047-0700 through 137-047-0760 (excluding provisions governing judicial review), and 137-047-0800. Judicial review of decisions relating to any protest is governed by the Oregon Administrative Procedures Act, ORS Chapter 183. (2) For PERS’ purposes, references in the Model Public Contract Rules to the Director of the Oregon Department of Administrative Services shall be applied as references to the PERS Executive Director. (3) Model Public Contract rules other than those identified in section (1) of this rule do not apply to PERS.