justicedao/ipfs_state_laws huggingface dataset:
629-029-0095 Rejection of Individual Bids (1) General. The STATE reserves the right to waive minor technicalities and the right to reject any and all bids. The STATE may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any bid upon a finding of the STATE that it is in the public interest to do so. (2) Reasons for rejection. Reasons for rejecting a bid include but are not limited to finding that: (a) The bid is nonresponsive, that is, it does not conform in all material respects to the Notice of Timber Sale requirements; or (b) The bidder has not qualified, i.e., has not properly provided the required financial documents and filled out an acceptable “Certificate of Eligibility to Bid on State Timber” form; or (c) The bidder within the last five years has been found, in a civil, criminal, or administrative proceeding, to have committed or engaged in fraud, misrepresentation, price-rigging, unlawful anti-competitive conduct, or similar behavior; or (d) The bidder within the last 3 years preceding their bid had one or more Federal, State or Local timber sales terminated for cause or default and the bidder did not fully execute the Certification of Eligibility to Bid on State Timber as provided in OAR 629-029-0020, or the bidder did not provide written explanation of prior termination or default as required, or the bid was rejected after review of the explanation submitted with the certification. (e) The bidder has a pending or unresolved default under a timber sale contract with State Forester; or (f) The bid security has not been submitted or properly executed as required by the Notice of Timber Sale documents; or (g) Other circumstances of the particular bid, or bidder, indicate that acceptance of the bid would impair the integrity of the selection process or result in an imprudent contract by the STATE; or (h) The bidder has not complied with the provisions of the federal act “Forest Resources Conservation Amendments Act of 1993,” ORS 526, or OAR 629, division 031, which prohibit the export of unprocessed timber from public lands in Oregon and other states. (3) Form of Business Entity. For purposes of this rule the corporate or business form of bidders shall be subject to scrutiny, so that previously-disqualified bidders, or their officers and directors, may not by subterfuge, change of apparent ownership, or other adjustments in formal appearance, avoid application of this rule. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0100 Rejection of All Bids (1) Bid rejection. All bids may be rejected for good cause upon a finding by the STATE it is in the public interest to do so. Notification of rejection of all bids, along with the good cause justification and finding of public interest, may be sent to all who submitted a bid. (2) Rejection criteria. Reasons for rejecting all bids include but are not limited to the following: (a) Due to the content of or error in the solicitation documents, including its terms, conditions, or specifications, the solicitation process unnecessarily restricted competition for the public contract; or (b) The price presented by the highest qualified bidder is, in the opinion of the STATE, too low to justify acceptance of the bid; or (c) Misconduct, error, or ambiguous or misleading provisions in the solicitation documents threaten the fairness and integrity of the competitive process; or (d) Causes other than legitimate market forces threaten the integrity of the competitive bidding process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the solicitation documents. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0105 Contract Award Contract Award. At the discretion of the STATE, the apparent high bidder will be notified of the contract award. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0110 Protest of Contract Award (1) Purpose. The purpose of this rule is to require adversely affected or aggrieved bidders on a STATE solicitation for bids to exhaust all avenues of administrative review and relief before seeking judicial review of the STATE’s contract award decision. (2) Notice of Award. (a) The STATE’s written notice of contract award (or other contract initiating document, e.g., a notice of intent to award, hereinafter referred to collectively as the “award documents”), shall constitute a final decision of the STATE to award the contract if no written protest of the contract award is filed with the STATE within 14 calendar days following issuance of the award documents. If a protest of contract award is timely filed by an actual aggrieved bidder, the award documents shall constitute a final decision of the STATE only upon issuance to the protesting bidder of a written decision denying the protest and affirming the award. (b) Unsuccessful bidders will generally not be notified that a contract has been awarded. (3) Right to protest. Any qualified bidder who is adversely affected or aggrieved by the STATE’s award of the contract to another bidder shall have 14 calendar days after issuance of the award documents to submit a written protest of the award. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected or aggrieved bidder with a right to submit a written protest, a bidder must itself claim to be eligible for award of the contract as the highest responsive, responsible bidder and must be next in line for award, i.e., the protester must claim that all higher bidders are ineligible for award: (a) Because their bids were nonresponsive; or (b) As a result of the STATE committing a material violation of a solicitation provision or of an applicable procurement statute or administrative rule, the protester was unfairly evaluated and would have, but for such material violation, been the highest bidder. The STATE may not entertain a protest submitted after the time period established in this rule. (4) Authority to resolve protest. The STATE may settle or resolve a written protest submitted in accordance with the requirements of section (3) of this rule. (5) Decision. If the protest is not settled or resolved by mutual agreement, the STATE may promptly issue a written decision on the protest. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0115 Availability of Award Decision (1) Contract documents. A signed contract document may be sent to the successful bidder. (2) Notification to unsuccessful bidders. Unsuccessful bidders generally will not be notified that a contract has been awarded. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0120 Performance Bond (1) Performance bond security, at the minimum shall be 20 percent of the bid, or an amount equal to the value of the project work (rounded up to the nearest thousand), whichever is greater. This requirement will be stated in the Notice documents. (2) Form of bond security. The following forms of bond security may be accepted by the STATE: (a) Cash; (b) Cashier’s check; (c) Money order; (d) Surety bond; (e) Assignment of surety; (f) Irrevocable letters of credit; or (g) Other securities as determined acceptable by the STATE. Surety bonds must be executed on a standard State form. (3) Bonds shall be retained for 120 days after acceptance of operations. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0125 Payment Bond (1) State may require payment bond security. This may be in the form of a Timber Payment Bond or a Blanket Payment Bond. Payment bond security shall be in the form of: (a) Cash; (b) Cashier’s check; (c) Money order; (d) Surety bond; (e) Assignment of surety; (f) Irrevocable letters of credit; or (g) Other securities as determined acceptable by the STATE. (2) At no time shall the amount of the payment bond(s) be less than the value of timber removal and not paid for by PURCHASER, and shall at a minimum be in an amount equal to the standard installment, or the aggregate amount of installments when a blanket bond is used. Surety bonds must be executed on a standard State form. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0130 Contract Cancellation Procedures (1) Grounds for cancellation. The STATE may, at its option, cancel a contract, for any material violation of the provisions of the contract. Such provisions generally include, but are not limited to: (a) Standard terms and conditions included in all contracts; (b) Product or service specifications; (c) Delivery or completion requirements; or (d) Contracted pricing. (2) Remedies cumulative. No cancellation of a contract shall, unless other remedies are expressly limited by the terms of the particular contract, restrict or abrogate any other remedy available to the STATE that is provided either by law or under the particular contract. (3) Notice. The STATE will provide the PURCHASER written notice of the grounds for cancellation and its intention to cancel the contract. If the PURCHASER provided a performance and payment bond, the surety may also be provided with a copy of the notice of contract cancellation. The notice may include: (a) The effective date of the intended cancellation; (b) Notice of the amount of time (if any) in which the STATE will permit the PURCHASER to correct the failure to perform. The contract may provide contract cancellation procedures that are different from, or in addition to, those provided in this rule. (4) Contract completion by substitute contractor. If the PURCHASER has provided a performance and payment bond, the STATE may afford the PURCHASER’s surety the opportunity, upon the surety’s receipt of a PURCHASER’s contract cancellation notice, to provide a substitute contractor as qualified by STATE, to complete performance of the contract. Performance by the substitute contractor shall be rendered pursuant to all material provisions of the original contract, including the provisions of the performance and payment bond. Such substitute performance does not involve the award of a new public contract and shall not be subject to competitive bidding provisions. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0135 Contract Requirements (1) Conditions of contracts concerning payment of laborers and materialmen, contributions to Industrial Accident Fund, liens, and withholding taxes. Contracts entered into by the STATE may contain a condition that the PURCHASER shall: (a) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract. (b) Pay all required contributions or amounts due the Industrial Accident Fund under ORS Chapter 656 from such contractor or subcontractor incurred in the performance of the contract. (c) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation, or subdivision thereof, on account of any labor or material furnished. (d) Pay to the Department of Revenue all sums withheld from the employees pursuant to ORS 316.167. (2) Condition concerning payment of claims by public officers. (a) Contracts entered into by the STATE may contain a clause or condition that if the PURCHASER fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to PURCHASER or a subcontractor in connection with work to be done under a contract, as such claim becomes due, the STATE may pay such claim to the person furnishing the labor or services and obtain reimbursement from PURCHASER or from PURCHASER’s performance bond. (b) Payment of any claim in such manner shall not relieve PURCHASER or surety from obligations with respect to any unpaid claims. (3) Provisions relating to environmental and natural resources laws and rules. Bid documents may make specific reference to federal, state, and local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. (4) Provisions relating to termination of contract. Contracts entered into by the STATE shall contain a clause that allows the State to terminate contract, in whole or in part, whenever the STATE determines it is in its interest to do so. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-029-0140 Qualification Process PURCHASERS must “qualify” under the terms of the contract within 30 days of contract award. To “qualify” a PURCHASER must submit the first payment, proof of insurance and an adequate performance bond, as stated in the Notice and in the contract documents. If a PURCHASER fails to “qualify” within the required 30 days, the STATE may retain any bid deposit submitted by PURCHASER as liquidated damages. In no event shall a PURCHASER be permitted to conduct operations under a contract prior to meeting the qualification requirements for that contract. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98
629-031-0010 Criteria for Eligibility to Purchase State Timber or Logs (1) In addition to all other requirements of law, a person may bid for state timber or logs originating from state lands if the person certifies in a form and manner specified by the State Forester that: (a) The person will not directly or indirectly export unprocessed state timber or logs; and (b) Unless exempted by section (2) of this rule, the person has not directly or indirectly exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and (c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber or logs to any other person without obtaining a certification from the person that meets the requirements of OAR 629-031-0030. (d) The person shall not engage in export of unprocessed timber originating from private lands in Oregon until such time as all interests in contracts for state timber held by that person have terminated. (2) Purchases of hardwood logs originating from state timber sales for domestic processing only may be made by persons otherwise ineligible to bid under (1)(b) above, provided they certify that: (a) They have not directly or indirectly exported unprocessed hardwood timber from private lands in Oregon for at least 24 months. (b) The hardwood logs shall be domestically processed. (c) They will obtain a certification from any person to whom they sell, transfer, exchange or otherwise convey state hardwood logs that meets the requirements of OAR 629-030-0030. Statutory/Other Authority: ORS 530.050(10) & 526.041(1) Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992 History: DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00 FB 10-1990, f. 12-18-90, cert. ef. 12-20-90 FB 8-1990(Temp), f. 10-19-90, cert. ef. 11-1-90
629-031-0015 Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester may purchase state timber from any other person. Acquisitions of Western Red Cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.806, 530.040 & 530.050 History: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0020 Applicable State Timber All unprocessed timber, as defined in OAR 629-031-0005, which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.806, 530.040 & 530.050 History: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0025 Surplus Timber The prohibitions against export contained in OAR 629-031-0005 to 629-031-0045 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.811, 530.040 & 530.050 History: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0030 Reporting Requirements (1) Before the State Forester will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must: (a) Notify the State Forester of the delivery destination of all timber or logs purchased under that contract. Notification will be made in a form and manner prescribed by the State Forester; (b) Prior to selling, trading, exchanging or otherwise conveying unprocessed state timber or logs to any other person, the purchaser of state timber shall obtain a certification of the person’s eligibility to purchase state timber or logs and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the State Forester and shall be forwarded to the State Forester upon completion of the transaction. Obtaining a certification shall not relieve the purchaser’s responsibility to provide the State Forester with an accounting of the delivery destination of that timber or logs. (2) Any performance bond required by a state timber sale contract may be retained by the State Forester, until satisfactory notification of the state timber or logs delivery destination has been received by the State Forester. (3) Failure to provide the State Forester with a final accounting of the delivery destination of state timber or logs will be considered a violation of these export regulations. Violators will be subject to the penalties contained in OAR 629-031-0035. Statutory/Other Authority: ORS 530.050(10) & 526.041(1) Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992 History: DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00 FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0035 Purchaser Disqualification and Termination of Contracts (1) The State Forester shall keep a record of any person who violates the requirements of OAR’s 629-031-0005 to 629-031-0040. (2) A person whose name appears on the record for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 629-031-0005 to 629-031-0040 shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045. (3)(a) The State Forester may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 629-031-0005 to 629-031-0040, and assess damages according to the following formula: (b) D = (OSV+AC) - (PR+RSV), where: (A) D = Damages and Expenses; (B) OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales; (C) AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law; (D) PR = Payments Received; (E) RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the State Forester’s estimate of remaining volume, multiplied by the dollar values stated in the contract. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.826 & 530.059 History: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0040 Log Branding and Marking Requirements All unprocessed state timber or logs originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood one end of all logs originating from state timber sales shall be hammer branded and one end shall be painted with a paint type and color determined by the State Forester. Statutory/Other Authority: ORS 530.050(10) & 526.041(1) Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992 History: DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00 FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-031-0045 Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the State Forester, or contracted by the State Forester to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the State Forester to the appropriate federal or state agency for prosecution or other legal action. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.801 - 526.992, 530.010 - 530.520 & 532.010 - 532.100 History: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
629-032-0000 Purpose (1) The purpose of these rules is to provide a uniform procedure governing defaults on Board of Forestry timber sale contracts involving Board of Forestry lands or lands managed under agreement with the State Land Board. (2) The provisions of OAR 629-032-0000 to 629-032-0070 are in addition to, not in lieu of, any other remedies the Board of Forestry may have against a defaulting purchaser. Statutory/Other Authority: ORS 526 & 530 Statutes/Other Implemented: ORS 526.005 & 530.010 - 530.520 History: DOF 1-1998, f. & cert. ef. 1-14-98 FB 4-1987, f. & ef. 9-8-87
629-032-0005 Definitions (1) “Contract” means a contract for the sale of timber made under the provisions of ORS 530.050 and 530.059 or under agreement with the State Land Board. (2) “Default” means the purchaser’s failure to correct a violation as directed by the forester within a specified period of time; purchaser’s failure to complete contract requirements by any interim completion dates or the contract expiration date, whichever is earliest, or the purchaser’s injury to or severance of timber not included in the sale. (3) “Forester” means the State Forester or designee. (4) “Purchaser” means individual or organization purchasing timber from Board of Forestry lands or lands managed under agreement with the State Land Board. (5) “Violation” means any failure to comply with the terms and conditions of the contract. Statutory/Other Authority: ORS 526 & 530 Statutes/Other Implemented: ORS 526.041, 530.050 & 530.059 History: DOF 1-1998, f. & cert. ef. 1-14-98 FB 3-1990, f. 6-26-90, cert. ef. 6-19-90 FB 4-1987, f. & ef. 9-8-87