1. (1) The director or designee, may authorize department personnel to award a public contract for goods and services as an emergency procurement. Emergency contracts are exempt from Department of Justice legal sufficiency review under OAR 137-045-0070 as set out in subsection (3)(b).
2. (2) Pursuant to the requirements of this rule, OPRD may, in its discretion, enter into a public contract without competitive solicitation if an emergency exists. Emergency means circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services or threat to public health or safety that requires prompt execution of a contract to remedy the condition.

3. (3) For contracts above $100,000, when entering into an emergency contract, the department must:

   1. (a) Encourage competition that is reasonable and appropriate under the circumstances;
   2. (b) Award contract within 60 days following the event triggering the need for an emergency contract unless an extension has been granted by the director or designee;

   3. (c) Have a written report prepared and signed by an executive of the department who is responsible for oversight of the public contract within 10 business days after execution of the public contract, said report to contain:

      1. (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;
      2. (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;
      3. (C) A brief description of the services or goods to be provided under the public contract, together with its anticipated cost; and
      4. (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.
   4. (d) Maintain a copy of report described in subsection (c) in the department’s emergency public contract file.

Statutory/Other Authority

ORS 279A.025(3)(k), ORS 279A.070 & ORS 279A.065(6)(a)

Statutes/Other Implemented

ORS 279A.025(3)(k) & ORS 279B.080

History

PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025
PRD 17-2009, f. & cert. ef. 12-4-09
PRD 13-2008, f. & cert. ef. 12-15-08
PRD 1-2007, f. & cert. ef. 2-7-07