justicedao/ipfs_state_laws huggingface dataset:
137-047-0730 Protests and Judicial Review of Solicitations (1) Purpose. A prospective Offeror may protest the Procurement process or the Solicitation Document for a Contract solicited under ORS 279B.055, 279B.060 and 279B.085 as set forth in 279B.405(2). Pursuant to 279B.405(3), before seeking judicial review, a prospective Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies. (2) Delivery. Unless otherwise specified in the Solicitation Document, a prospective Offeror must deliver a Written protest to the Contracting Agency not less than ten (10) Days prior to Closing. (3) Content of Protest. In addition to the information required by ORS 279B.405(4), a prospective Offeror's Written protest shall include a statement of the desired changes to the Procurement process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror based its protest. (4) Contracting Agency Response. The Contracting Agency shall not consider a Prospective Offeror's solicitation protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation Document. The Contracting Agency shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405(4). The Contracting Agency shall issue a Written disposition of the protest in accordance with the timeline set forth in 279B.405(6). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either issue an Addendum reflecting its disposition under OAR 137-047-0430 or cancel the Procurement or solicitation under 137-047-0660. (5) Extension of Closing. If the Contracting Agency receives a protest from a prospective Offeror in accordance with this rule, the Contracting Agency may extend Closing if the Contracting Agency determines an extension is necessary to consider and respond to the protest. (6) Clarification. Prior to the deadline for submitting a protest, a prospective Offeror may request that the Contracting Agency clarify any provision of the Solicitation Document. The Contracting Agency's clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Contracting Agency unless the Contracting Agency amends the Solicitation Document by Addendum. (7) Judicial Review. Judicial review of the Contracting Agency's decision relating to a solicitation protest shall be in accordance with ORS 279B.405. Statutory/Other Authority: ORS 279A.065 & 279B.405 Statutes/Other Implemented: ORS 279B.405 History: DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0740 Protests and Judicial Review of Contract Award (1) Purpose. An Offeror may protest the Award of a Contract, or the intent to Award of a Contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. An Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies before seeking judicial review of the Contracting Agency's Contract Award decision. (2) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after the Award of a Contract, or issuance of the notice of intent to Award the Contract, whichever occurs first. (3) Content of Protest. An Offeror’s Written protest shall specify the grounds for the protest to be considered by the Contracting Agency pursuant to ORS 279B.410(2). (4) Contracting Agency Response. The Contracting Agency shall not consider an Offeror’s Contract Award protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation Document. The Contracting Agency shall issue a Written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either Award the Contract to the successful protestor or cancel the Procurement or solicitation. (5) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a Contract Award protest shall be in accordance with ORS 279B.415. Statutory/Other Authority: ORS 279A.065 & 279B.410 Statutes/Other Implemented: ORS 279B.410 & 279B.415 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0745 Protests and Judicial Review of Qualified Products List Decisions (1) Purpose. A prospective Offeror may protest the Contracting Agency’s decision to exclude the prospective Offeror’s goods from the Contracting Agency’s qualified products list under ORS 279B.115. A prospective Offeror must file a Written protest and exhaust all administrative remedies before seeking judicial review of the Contracting Agency’s qualified products list decision. (2) Delivery. Unless otherwise stated in the Contracting Agency’s notice to prospective Offerors of the opportunity to submit goods for inclusion on the qualified products list, a prospective Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after issuance of the Contracting Agency’s decision to exclude the prospective Offeror’s goods from the qualified products list. (3) Content of Protest. The prospective Offeror’s protest shall be in Writing and must specify the grounds upon which the protest is based. (4) Contracting Agency Response. The Contracting Agency shall not consider a prospective Offeror’s qualified products list protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Contracting Agency’s notice to prospective Offerors of the opportunity to submit goods for inclusion on the qualified products list. The Contracting Agency shall issue a Written disposition of the protest in a timely manner. If the Contracting Agency upholds the protest, it shall include the successful protestor’s goods on the qualified products list. (5) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a qualified products list protest shall be in accordance with ORS 279B.420. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.115 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0750 Judicial Review of Other Violations Any violation of ORS Chapter 279A or 279B by a Contracting Agency for which no judicial remedy is otherwise provided in the Public Contracting Code is subject to judicial review as set forth in 279B.420. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.420 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0760 Review of Prequalification and Debarment Decisions Review of the Contracting Agency’s prequalification and Debarment decisions shall be as set forth in ORS 279B.425. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.425 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0800 Amendments to Contracts and Price Agreements (1) Generally. A Contracting Agency may amend a Contract without additional competition in any of the following circumstances: (a) The amendment is within the scope of the Procurement as described in the Solicitation Documents, if any, or if no Solicitation Documents, as described in the sole source notice or the approved Special Procurement, if any. An amendment is not within the scope of the Procurement if the Agency determines that if it had described in the Procurement the changes to be made by the amendment, it would likely have increased competition or affected award of the Contract. (b) These Model Rules otherwise permit the Contracting Agency to Award a Contract without competition for the goods or services to be procured under the Amendment. (c) The amendment is necessary to comply with a change in law that affects performance of the Contract. (d) The amendment results from renegotiation of the terms and conditions, including the Contract Price, of a Contract and the amendment is Advantageous to the Contracting Agency, subject to all of the following conditions: (A) The Goods or Services to be provided under the amended Contract are the same as the Goods or Services to be provided under the unamended Contract. (B) The Contracting Agency determines that, with all things considered, the amended Contract is at least as favorable to the Contracting Agency as the unamended Contract. (C) The amended Contract does not have a total term greater than allowed in the Solicitation Documents, if any, or if no Solicitation Documents, as described in the sole source notice or the approved Special Procurement, if any, after combining the initial and extended terms. For example, a one-year Contract described as renewable each year for up to four additional years, may be renegotiated as a two to five-year Contract, but not beyond a total of five years. (2) Small or Intermediate Contract. A Contracting Agency may amend a Contract Awarded as a small or intermediate Procurement pursuant to section (1) of this rule, provided that the total increase in Contract price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or 137-047-0270 for intermediate Procurements. (3) Price Agreements. A Contracting Agency may amend a Price Agreement as follows: (a) As permitted by the Price Agreement; (b) If the circumstances set forth in ORS 279B.140(2) exist; or (c) As permitted by applicable law. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOJ 8-2012, f. 7-2-12, cert. ef. 8-1-12 DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0810 Termination of Price Agreements A Contracting Agency may terminate a Price Agreement as follows: (1) As permitted by the Price Agreement; (2) If the circumstances set forth in ORS 279B.140(2) exist; or (3) As permitted by applicable law. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & ORS 279B.140 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06
137-048-0100 Application (1) The Attorney General is required to prepare and maintain model rules of procedure that govern Public Contracting under the Public Contracting Code and that are appropriate for use by all Contracting Agencies. These division 48 rules apply to the screening and selection of Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and providers of Related Services, under Contracts and set forth the following procedures: (a) Procedures through which Contracting Agencies select Consultants to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services; and (b) Two-tiered procedures for selection of Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and providers of Related Services for certain public improvements owned and maintained by a Local Government. (2) These division 48 rules apply to any Contracting Agency with independent contracting authority that is seeking the services of a Consultant to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services, if the Contracting Agency has not adopted its own rules of procedure for the screening and selection of Consultants to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, as provided in ORS 279A.065(a). (3) The dollar threshold amounts that are applicable to the Direct Appointment Procedure, 137-048-0200, the Informal Selection Procedure, 137-048-0210, and the Formal Selection Procedure, 137-048-0220, are independent from and have no effect on the dollar threshold amounts that trigger the legal sufficiency review requirement for State Contracting Agencies under ORS 291.047. Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458 Statutes/Other Implemented: ORS 279A.065, OL 2011 & ch 458 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-048-0120 List of Interested Consultants; Performance Record (1) Consultants who are engaged in the lawful practice of their profession and who are interested in providing Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, may annually submit a statement describing their qualifications and related performance information to Contracting Agencies' office addresses. Contracting Agencies shall use this information to create a list of prospective Consultants and shall update this list at least once every two years. (2) Contracting Agencies may compile and maintain a record of each Consultant's performance under Contracts with the particular Contracting Agency, including information obtained from Consultants during an exit interview and information pertaining to whether the Consultant owes a liquidated and delinquent debt to the State of Oregon. Upon request and in accordance with the Oregon Public Records Law (ORS 192.311 through 192.478), Contracting Agencies may make available copies of the records. (3) State Contracting Agencies shall keep a record of all Contracts with Consultants and shall make these records available to the public, consistent with the requirements of the Oregon Public Records Law (ORS 192.311 through 192.478). State Contracting Agencies shall include the following information in the record: (a) Locations throughout the state where the Contracts are performed; (b) Consultants' principal office address and all office addresses in the State of Oregon; (c) Consultants' direct expenses on each Contract, whether or not those direct expenses are reimbursed. "Direct expenses" include all amounts that are directly attributable to Consultants' services performed under each Contract, including personnel travel expenses, and that would not have been incurred but for the services being performed. The record must include all personnel travel expenses as a separate and identifiable expense on the Contract; and (d) The total number of Contracts awarded to each Consultant over the immediately preceding 10-year period from the date of the record. Statutory/Other Authority: OL 2011, ORS 279A.065 & ch 458 Statutes/Other Implemented: ORS 279A.065 & 279C.110, OL 2011 & ch 458 History: DOJ 15-2019, amend filed 12/23/2019, effective 01/01/2020 DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-048-0230 Ties Among Proposers (1) If a Contracting Agency is selecting a Consultant on the basis of qualifications alone and determines after the ranking of Proposers that two or more Proposers are equally qualified, the Contracting Agency may select a candidate through any process that the Contracting Agency believes will result in the best value for the Contracting Agency taking into account the scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services. Provided, however, the tie breaking process established by the Contracting Agency under this section (1) cannot be based on the Consultant's pricing policies, pricing proposals or other pricing information, including the number of hours proposed for the services required, expenses, hourly rates and overhead. The process must be designed to instill public confidence through ethical and fair dealing, honesty and good faith on the part of the Contracting Agency and Proposers and shall protect the integrity of the Public Contracting process. Once a tie is broken, the Contracting Agency and the selected Proposer shall proceed with negotiations under OAR 137-048-0210(3) or 137-048-0220(4)(c), as applicable. (2) If a Contracting Agency is selecting a Consultant on the basis of price alone, or on the basis of price and qualifications, and determines after the ranking of Proposers that two or more Proposers are identical in terms of price or are identical in terms of price and qualifications, then the Contracting Agency shall follow the procedure set forth in OAR 137-046-0300, (Preferences for Oregon Goods and Services), to select the Consultant. Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458 Statutes/Other Implemented: ORS 279C.110, OL 2011 & ch 458 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-048-0250 Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility For Costs A Contracting Agency may cancel, delay or suspend a solicitation, RFQ or other preliminary Procurement document, whether related to a Direct Appointment Procedure (OAR 137-048-0200), the Informal Selection Procedure (OAR 137-048-0210), and the Formal Selection Procedure (OAR 137-048-0220), or reject all Proposals, responses to RFQs, responses to other preliminary Procurement documents, or any combination of the foregoing, if the Contracting Agency believes it is in the public interest to do so. In the event of any such cancellation, delay, suspension or rejection, the Contracting Agency is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection. Consultants responding to either solicitations, RFQs or other preliminary Procurement documents are responsible for all costs they may incur in connection with submitting Proposals, responses to RFQs or responses to other preliminary Procurement documents. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279C.110 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-048-0300 Prohibited Payment Methodology; Purchase Restrictions (1) Except as otherwise allowed by law, a Contracting Agency shall not enter into any Contract which includes compensation provisions that expressly provide for payment of: (a) Consultant's costs under the Contract plus a percentage of those costs; or (b) A percentage of the Project construction costs or total Project costs. (2) Except as otherwise allowed by law, a Contracting Agency shall not enter into any Contract in which: (a) The compensation paid under the Contract is solely based on or limited to the Consultant's hourly rates for the Consultant's personnel working on the Project and reimbursable expenses incurred during the performance of work on the Project (sometimes referred to as a "time and materials" Contract); and (b) The Contract does not include a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract. (3) Except in cases of Emergency or in the particular instances noted in the subsections below, a Contracting Agency shall not purchase any building materials, supplies or equipment for any building, structure or facility constructed by or for the Contracting Agency from any Consultant under a Contract with Contracting Agency to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, for the building, structure or facility. This prohibition does not apply if either of the following circumstances exists: (a) The Consultant is providing Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services under a Contract with a Contracting Agency to perform Design-Build services or Energy Performance Contract services (see OAR 137-049-0670 and 137-049-0680); or (b) That portion of the Contract relating to the acquisition of building materials, supplies or equipment was awarded to the Consultant pursuant to applicable law governing the award of such a Contract. Statutory/Other Authority: ORS 279A.065 & OL 2011 ch. 458 Statutes/Other Implemented: ORS 279A.065 & OL 2011 ch. 458 History: DOJ 1-2026, amend filed 01/21/2026, effective 01/21/2026 DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-048-0310 Expired or Terminated Contracts; Reinstatement (1) If a Contracting Agency enters into a Contract for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services and that Contract subsequently expires or is terminated, the Contracting Agency may proceed as follows, subject to the requirements of subsection (2) of this rule: (a) Expired Contracts. If the Contract has expired as the result of Project delay caused by the Contracting Agency or caused by any other occurrence outside the reasonable control of the Contracting Agency or the Consultant, and if no more than one year has passed since the Contract expiration date, the Contracting Agency may amend the Contract to extend the Contract expiration date, revise the description of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract to reflect any material alteration of the Project made as a result of the delay, and revise the applicable performance schedule. Beginning on the effective date of the amendment, the Contracting Agency and the Consultant shall continue performance under the Contract as amended; or (b) Terminated Contracts. If the Contracting Agency or both parties to the Contract have terminated the Contract for any reason and if no more than one year has passed since the Contract termination date, then the Contracting Agency may enter into a new Contract with the same Consultant to perform the remaining Architectural, Engineering and Land Surveying Services, or Related Services not completed under the original Contract, or to perform any remaining Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services not completed under the Contract as adjusted to reflect a material alteration of the Project. (2) The Contracting Agency may proceed under either subsection (1)(a) or subsection (1)(b) of this rule only after making written findings that amending the existing Contract or entering into a new Contract with the Consultant will: (a) Promote efficient use of public funds and resources and result in substantial cost savings to the Contracting Agency; (b) Protect the integrity of the Public Contracting process and the competitive nature of the Procurement process by not encouraging favoritism or substantially diminishing competition in the award of Contracts; and (c) Result in a Contract that is still within the scope of the final form of the original Procurement document. Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458 Statutes/Other Implemented: ORS 279A.065 & 279C.110, OL 2011 & ch 458 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05