justicedao/ipfs_state_laws huggingface dataset:
736-146-0050 Contract Administration; General Provisions (1) The department conducts procurements for goods or services, including architectural, engineering, land surveying and related services, and public improvements. (2) The department must appoint, in writing, a contract administrator as an OPRD representative for each contract. The contract administrator may delegate in writing a portion of the contract administrator’s responsibilities to a technical representative for specific day-to-day administrative activities for each contract. (3) The department must maintain a procurement file for procurements for goods or services; the informal selection threshold for architectural, engineering, and land surveying services; and the intermediate procurement threshold for public improvements, respectively: (a) Each procurement file must contain an executed contract, if awarded. (b) The department must maintain procurement files, including all documentation, for a period not less than six years, except for 10 years beyond each contract’s expiration date for architectural, engineering, and land surveying services and related services or for another period in accordance with another provision of law. Statutory/Other Authority: 279A.070, ORS 279A.025(3)(k) & ORS 279A.065(6)(a) Statutes/Other Implemented: 279A.065(5), 279A.140, ORS 279A.025(3)(k) & ORS 279A.065(5) History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0070 Ethics in Public Contracting — Policy Oregon public contracting is a public trust. The department and contractors involved in public contracting must safeguard this public trust. Statutory/Other Authority: ORS 244.010, ORS 244.400, ORS 279A.070, ORS 279A.025(3)(k) & 279A.065(6)(a) Statutes/Other Implemented: ORS 244.010, ORS 244.400, ORS 279A.070, 279A.140, ORS 279A.025(3)(k) & 279A.065(6)(a) History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0080 Ethics in Selection and Award of Public Contracts (1) OPRD officers, employees or agents involved in the process of the selection and award of public contracts must carefully review the provisions of ORS 244.040. (2) OPRD officers, employees and agents are prohibited from soliciting or receiving gifts, which means something of economic value given to a public official or the public official's relative without an exchange of valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, and which is not extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and something of economic value given to a public official or the public official's relative for valuable consideration less than that required from others who are not public officials. (3) OPRD officers, employees and agents are prohibited from using their official position for personal or financial gain. (4) OPRD officers, employees and agents are prohibited from using confidential information gained in the course of the screening and selection procedures for personal or financial gain. Statutory/Other Authority: ORS 244.010 - 244.400, 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 244.010 - 244.400, 279A.065(5)(a), 279A.070 & 279A.140 History: PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0100 Non-retaliation Retaliation against anyone who complies with the rules in this division related to ethics is prohibited. Any officer, employee or agent of the department or contractor who engages in retaliation action will be subject to penalties pursuant to ORS 279A.990, 244.350 to 244.400 and related rules. Also, any contractor who engages in a retaliation action may be debarred. Statutory/Other Authority: ORS 279A.070 & ORS 279A.065(6)(a) Statutes/Other Implemented: ORS 279A.070, ORS 279A.140 & ORS 279A.065(6)(a) History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0110 Ethics in Specification Development (1) The department and contractors must not develop specifications that primarily benefit a contractor, directly or indirectly, to the detriment of the department or the best interest of the state. (2) The department must not develop specifications that inhibit or tend to discourage public contracting with an Oregon Forward Contractor (OFC) under ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045 where those specifications inhibit or tend to discourage the acquisition of OFC-produced goods or services without reasonably promoting the satisfaction of bona fide, practical procurement needs of the department. (3) The department and contractors must not develop specifications that inhibit or tend to discourage public contracting under the rules in this division or policies of the department. Statutory/Other Authority: ORS 279A.065(6)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(6)(a), ORS 279A.070 & ORS 279A.140 History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0120 Ethics in Sole Source The department may not select a sole-source procurement pursuant to ORS 279B.075 and avoid a competitive procurement if the purpose of the selection is to primarily benefit the contractor, directly or indirectly, to the detriment of the department or the best interest of the state. Statutory/Other Authority: ORS 279A.0656)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.0656)(a), ORS 279A.070, ORS 279B.075 & ORS 279A.140 History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0130 Fragmentation The department may not artificially divide or fragment a procurement so as to constitute a small procurement, pursuant to ORS 279B.065, or an intermediate procurement, pursuant to ORS 279B.070. Statutory/Other Authority: ORS 279A.065(6)(a) & ORS 279A.070 Statutes/Other Implemented: ORS 279A.065(6)(a), ORS 279A.070 & 279B.065 History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-146-0140 Ethics in OPRD and Contractor Communications (1) The department is encouraged to conduct research with contractors who can meet the state’s needs. This research phase includes but is not limited to: (a) Meetings; (b) Industry presentations; and (c) Demonstrations with contractors that, in the department’s discretion, may be able to meet the department’s needs. (2) The department must document the items discussed during the research phase of solicitation development. The research phase ends the day of a solicitation release or request for a quote pursuant to an intermediate procurement, unless the solicitation or intermediate procurement provides for a different process that permits on-going research. (3) Any communication between the department and contractors regarding a solicitation, that occurs after the solicitation release or request for a quote and before the award of a contract, must only be made in the solicitation and contracting phase within the context of the solicitation document or intermediate procurement requirements. (4) Communication may allow for discussions, negotiations, addenda, contractor questions, and the department’s answers to contractor questions about terms and conditions, specifications, amendments, or related matters. During this phase, telephone conversations, electronic communications and meetings must be documented in the procurement file. Written inquiries regarding the solicitation should be responded to by the department in writing. (5) A record of all material communications regarding the solicitation by interested contractors must be made part of the procurement file pursuant to OAR 736-146-0050. Statutory/Other Authority: ORS 279A.065(6)(a), ORS 279A.070 & ORS 279A.025(3)(k) Statutes/Other Implemented: ORS 279A.065(6)(a), ORS 279A.070, ORS 279A.025(3)(k) & ORS 279A.140 History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07
736-147-0030 Emergency Procurements Process (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) 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) For contracts above $100,000, when entering into an emergency contract, the department must: (a) Encourage competition that is reasonable and appropriate under the circumstances; (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; (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: (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. (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
736-147-0040 Price Agreements (1) The department may create price agreements designed for the exclusive use of the department or use DAS multi-agency price agreements. (2) The department may create price agreements for the purposes of achieving continuity of product, securing a source of supply, reducing inventory, combining requirements for volume discounts, standardization among agencies, and reducing lead time for ordering. (3) If the department conducts a purchase of goods or services pursuant to a DAS or OPRD price agreement, the department does not need to undertake an additional competitive solicitation. Statutory/Other Authority: ORS 279A.025(3)(k), ORS 279A.070, ORS 282.020 & ORS 279A.065(6)(a) Statutes/Other Implemented: ORS 279A.025(3)(k), ORS 279A & ORS 282.020 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
736-147-0050 Mandatory Use Contracts and Mandatory Use Price Agreements (1) For the purposes of this rule, a Mandatory Use Contract or Mandatory Use Price Agreement means a public contract, DAS price agreement, or other agreement that the department is required to use for the procurement of goods and services. (2) If DAS State Procurement Office establishes a price agreement that is designated mandatory for state agency use, the department may procure applicable goods and services pursuant to the Mandatory Use Contract or Mandatory Use Price Agreement unless otherwise specified in these rules. (3) The department is exempted from Mandatory Use Contracts or Mandatory Price Agreements for acquisition except for duties or obligations the department has under ORS 279A.250 to 279A.290 and the department’s contracting activities related to information technology, photogrammetric mapping, or telecommunications. Statutory/Other Authority: ORS 279A.025(3)(k), ORS 279A.070, ORS 282.020 & ORS 279A.065(5)(a) Statutes/Other Implemented: ORS 279A.025(3)(k), ORS 279B.060 & ORS 282.020 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
736-147-0060 Amendments for Intermediate Goods or Services Procurements (1) The department may amend a public contract awarded as an intermediate procurement in accordance with OAR 137-047-0800, but the cumulative amendments shall not increase the total contract price to a sum that is greater than 125 percent of the procurement threshold. (2) Any public contract with a total value amended over $250,000 and every $250,000 thereafter must be approved by the department Designated Procurement Officer and Department of Justice. Statutory/Other Authority: ORS 279A.025(3)(k), ORS 279A.070, ORS 279A.065(6)(a) & ORS 282.020 Statutes/Other Implemented: ORS 279A.025(3)(k), ORS 279A.070, ORS 279A.050, ORS 279A.065(5), ORS 279A.140 & ORS 282.020 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
736-147-0070 Reinstatement of Expired or Terminated Contracts (1) If the department enters into a contract for goods or services and that contract subsequently expires or is terminated, the department may reinstate the contract subject to the following: (a) The type or aggregated value (including all amendments) of the contract, after reinstatement, falls under the department procurement thresholds in accordance with these rules; (b) The department may reinstate and amend for time only; (c) The purpose must be for: (A) Fulfillment of its term, up to the maximum time period provided in the contract; or (B) Completion of a deliverable, provided: (i) The deliverable, including but not limited to goods, services, or work, was defined in the contract as having a completion date or event; and (ii) The department documents the uncompleted work as of the date of the reinstatement of the expired contract in the procurement file. (d) The expired or terminated contract was previously properly executed; and (e) The failure to extend or renew the contract in a timely manner was due to unforeseen circumstances, unavoidable conditions or any other occurrence outside the reasonable control of the department or the contracting party. (2) The department may amend an expired contract for time only in accordance with section (1). The department may amend the contract purposes other than time in accordance with OAR 137-047-0800. (3) If the department reinstates and amends an expired contract for time, pursuant to this rule, the department may compensate the contracting party for work performed in the interim between the expiration of the original contract and the effective date of the reinstatement and amendment. (4) Once a contract is reinstated, it is in full force and effect as if it had not expired or terminated. Statutory/Other Authority: ORS 279A.025(3)(k), ORS 279A.070, ORS 279A.065(6)(a) & ORS 282.020 Statutes/Other Implemented: ORS 279A.025(3)(k), ORS 279A & ORS 282.020 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
737-010-0000 Definitions Relating to Low-Speed Vehicles and Medium-Speed Electric Vehicles As used in division 10 rules and Chapter 865, Oregon Laws 2009, the following definitions apply: (1) “CFR” means Code of Federal Regulations and, unless otherwise expressly identified, refers to revision 63 FR 33216, June 17, 1998, as amended at 68 FR 43972, July 25, 2003. (2) “Crushproof body design” means the vehicle has been certified by the National Highway Traffic Safety Administration that the vehicle is in compliance with FMVSS No. 216 Roof crush resistance; (3) “TSO” means the Transportation Safety Office of the Oregon Department of Transportation; (4) “Enclosed” means a complete shell comprised of a top, bottom and sides meant to protect the vehicle and occupants; (5) “FMVSS” means Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA under 49 CFR, Part 571; (6) “Low-speed vehicle” means a four wheeled motor vehicle with a top speed of more than 20 miles per hour but not more than 25 miles per hour. (7) “Medium-speed electric vehicle” means an electric motor vehicle with four wheels that is equipped with a roll cage or a crushproof body design, can attain a maximum speed of 35 miles per hour on a paved, level surface, is fully enclosed and has at least one door for entry; (8) “NHTSA” means the U.S. Department of Transportation, National Highway Traffic Safety Administration. (9) “Open-body type vehicle” means a vehicle having no occupant compartment doors and/or top or a vehicle having readily detachable occupant compartment doors and/or top; and (10) “Roll cage” is an enclosure that will support the vehicle’s weight and be so designed as to protect the occupants when the vehicle is resting on this enclosure. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865 Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865 History: TSD 1-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2010, f. & cert. ef. 2-25-10 TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
737-010-0005 Enclosed Cab for Three-Wheeled Vehicle Defined "Enclosed Cab" for the purposes of ORS 814.290(1), is a three-wheeled vehicle, such as a motorcycle or moped, with a structural upper frame and roof defining the compartment for driver and passenger(s) that is certified by the vehicle manufacturer as meeting the standards for the structural upper frame and roof prescribed under 49 CFR 571.216a. Statutory/Other Authority: ORS 184.619, 802.010, 814.290(1) Statutes/Other Implemented: ORS 814.290(1), 815.010, 815.030, 2009 OL ch 865 History: TSD 2-2020, adopt filed 10/26/2020, effective 10/26/2020 TSD 1-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
737-010-0010 Minimum Safety Standards for Low-Speed Vehicles (1) As the minimum vehicle safety standards for low-speed vehicles, TSO adopts the Federal Motor Vehicle Safety Standards (FMVSS) applicable to low-speed vehicles as set forth in 49 CFR, Part 571.500 (October 1, 2008). (2) The vehicle safety equipment requirements for low-speed vehicles described under this rule apply to original and replacement equipment. Statutory/Other Authority: ORS 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865 Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865 History: TSD 2-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2010, f. & cert. ef. 2-25-10 TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
737-010-0020 Minimum Safety Standards for Medium-Speed Electric Vehicles As the minimum vehicle safety standards for medium-speed electric vehicles, Transportation Safety adopts the standards and requirements set forth below. The vehicle safety equipment requirements described under this rule apply to original and replacement equipment. A medium-speed electric vehicle must: (1) Comply with the following Federal Motor Vehicle Safety Standards (FMVSS) found in the Code of Federal Regulations (CFR), Title 49, Part 571, 2008 edition. (a) FMVSS No. 108; Lamps, reflective devices, and associated equipment. (b) FMVSS No. 111; Rearview mirrors. (c) FMVSS No. 114; Theft protection and rollaway prevention standards. (d) FMVSS No. 135; Light vehicle brake systems. (e) FMVSS No. 206; Door locks and door retention components. (f) FMVSS No. 209; Seat belt assemblies. A Type 1 or Type 2 seat belt assembly conforming to FMVSS No. 209, installed at each designated seating position, and whose mounting complies with FMVSS No. 210. (g) FMVSS No. 216; Roof crush resistance. (h) FMVSS No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection. (i) FMVSS No. 205; A windshield of AS–1 or AS–5 composition, that conforms to the American National Standards Institute’s “Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway,” Z–26.1–1977, January 28, 1977, as supplemented by Z26.1a, July 3, 1980. (2) Comply with the federal Vehicle Identification Number (VIN) requirements found in 49 CFR Part 565. (3) Be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn shall emit an unreasonably loud or harsh sound. (4) Be fully enclosed and may not be an open-body type vehicle. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 815.010, 815.030 & 2009 OL Ch 865 Statutes/Other Implemented: ORS 815.010, 815.030 & 2009 OL Ch 865 History: TSD 3-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2011, f. & cert. ef. 1-28-11 TSD 1-2010, f. & cert. ef. 2-25-10 TSD 1-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
737-015-0010 Purpose The purpose of the rules in division 15 is to implement ORS 802.345 by: (1) Establishing a curriculum for a traffic safety education course under ORS 336.800; (2) Establishing a procedure to certify that a traffic safety education course meets the curriculum standards; (3) Establishing qualifications for a person to teach a traffic safety education course; (4) Establishing rules for the administration of ORS 336.805 and 336.810, relating to recordkeeping for and reimbursement and distribution of funds in the Student Driver Training Fund , including reduced tuition for low-income pupils; and (5) Establishing rules for the administration of ORS 336.790 to 336.815, related to increasing enrollment in underserved areas of the state, and the imposition of sanctions against a provider of a traffic safety education course that has violated a provision. Statutory/Other Authority: ORS 184.619 & 802.345 Statutes/Other Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345 & 807.065 History: TSD 4-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2014, f. 1-22-14, cert. ef. 3-1-14 TSS 2-2000, f. 8-10-00, cert. ef. 8-28-00 TSS 1-2000(Temp), f. 2-11-00, cert. ef. 3-1-00 thru 8-27-00