Please note: This is a Sole Source Notification. The competitive aspect of contracting for Legal Services as required by the Public Contracting Code cannot be applied because the public application process established to request public defense attorney and related services, the processes to assign counsel and related services, the courts’ authority to appoint public defense counsel, are not compatible with a competitive selection process. OPDC’s governance board, and ultimately, the Legislature, determine the fee structure and rates for OPDC Legal Services based on case and service type, credentialing, and qualification categories, market rates, and the Legislature’s allocation of OPDC’s budget for the services. As a result, OPDC is not at liberty to consider competitive cost models as a contractor selection basis. As to contracts for services to provide legal representation, advice, and consultation for the Commission, its members and staff described in Section 9(2), OPDC uses a process similar to OAR 137-009-0155, which DOJ uses to contract for similar attorney and related services.
