125-246-0110 Definitions The following terms are a compilation of definitions, including those found in the Public Contracting Code, in other statutes referenced by the Public Contracting Code, and elsewhere in these Rules. Partial definitions of the Public Contracting Code are for the use of the Agencies only. The following terms, when capitalized in these Rules, have the meaning given below: (1) "Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document. (2) "Adequate" is defined in ORS 279C.305 and means sufficient to control the performance of the Work and to ensure satisfactory quality of construction by the contracting agency personnel. (3) "Advantageous" means a judgmental assessment by the Agency of the Agency's best interests. (4) An “Administrator” or "Administering Contracting Agency" is defined in OAR 125-246-0400. (5) "Affected Person" or "Affected Offeror" means a Person whose ability to participate in a Procurement is adversely affected by an Agency decision. (6) "Affirmative Action" is defined in ORS 279A.100 and means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans. (7) "Agency" means those agencies of the State of Oregon that are subject to the Procurement Authority of the Director of the Department according to ORS 279A.050 and 279A.140. This term includes the Department when the Department is engaged in Public Contracting. Under these Rules, an Agency is authorized only through a delegation of Authority according to OAR 125-246-0170. (8) “Agreement to Agree” means a Price Agreement as defined in Subsection (110). (9) “Amendment” means a Written modification to the terms and conditions of a Public Contract, other than Changes to the Work as defined in OAR 125-249-0910, that meets the requirements of 125-247-0805, 125-248-0340, 125-249-0160, and 125-249-0910. For the purposes of these Rules, Amendments are included within the definitions of “Procurements” and “Contract Administration.” (10) "Architect" is defined in ORS 279C.100 and means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms "architect," "licensed architect" and "registered architect. (11) "Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services" is defined in ORS 279C.100(2). (12) "As-Is, Where-Is" applies to the sale of Goods and means that the Goods are of the kind, quality, and locale represented, even though they may be in a damaged condition. It implies that the buyer takes the entire risk as to the quality of the Goods involved, based upon the buyer's own inspection. Implied and express warranties are excluded in sales of Goods "As-Is, Where-Is." (13) “Authority” means, unless the context requires otherwise, “Procurement Authority.” (14) "Authorized Agency” means any Person authorized according to OAR 125-246-0170 to conduct a Procurement or take other actions on an Agency’s behalf. This term, including its use in the Rules, does not convey Authority to an Agency. For the Authority of Agencies under the Code and these Rules, see OAR 125-246-0170 only. (15) "Award" means the Agency's identification of the Person(s) with whom the Agency intends to enter into a Contract. (16) "Bid" means a Written response to an Invitation to Bid. (17) "Bidder" means a Person who submits a Bid in response to an Invitation to Bid. (18) "Brand Name or Equal Specification" is defined in ORS 279B.200(1) and means a Specification that uses one or more manufacturers' names, makes, catalog numbers or similar identifying characteristics to describe the standard of quality, performance, functionality or other characteristics needed to meet the Agency's requirements and that authorizes Offerors to offer Supplies and Services that are equivalent or superior to those named or described in the Specification. (19) "Brand Name Specification" is defined in ORS 279B.200(2) and means a Specification limited to one or more products, brand names, makes, manufacturer's names, catalog numbers or similar identifying characteristics. (20) “Business Day” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays. (21) "Certification Office for Business Inclusion and Diversity (COBID), formerly the Office of Minority, Women, and Emerging Small Business" or "OMWESB" is defined in ORS 200.025 and 200.055 and means the office that administers the certification process for the Disadvantaged Business Enterprise (DBE), Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), Veteran-owned Business (VBE), and Emerging Small Business (ESB) Programs. Certification Office for Business Inclusion and Diversity (COBID), formerly OMWESB, is the sole authority providing certification in Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses. (22) "Chief Procurement Officer" or “CPO” or “State Chief Procurement Officer” means the individual designated and authorized by the Director of the Department to perform certain procurement functions described in these Rules, or the State Chief Procurement Officer’s delegate. (23) "Class Special Procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time for the acquisition of a specified class of Goods or Services. (24) "Client" means any individual, family or Provider: (a) For whom an Agency must provide Services and incidental or specialized Goods, in any combination thereof (“Services and Incidental Supplies”), according to state, federal law, rule, and policy. Those Services and Incidental Supplies include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided; (b) Who in fact receives and utilizes services provided by an Agency primarily for that individual's or family's benefit; (c) Who is under the custody, care, or both of the Agency; or (d) Who provides direct care or Services and is a proxy or representative of the non-Provider Client. (25) "Client Services" means any Services that directly or primarily support a Client, whether the Client is the recipient through the provision of voluntary or mandatory Services. Client Services also means any Goods that are incidental or specialized in relation to any Services defined in this Subsection. Client Services may include but are not limited to (where these terms are used in another statute, they must have that meaning): (a) Housing, including utilities, rent or mortgage or assistance to pay rent, mortgage or utilities; (b) Sustenance, including clothing; (c) Employment training or Skills training to improve employability; (d) Services for people with disabilities; (e) Foster care or foster care facilities; (f) Residential care or residential care facilities; (g) Community housing; (h) In-home care including home delivered meals; (i) Medical care, services and treatment, including but not limited to: (A) Medical, Dental, Hospital, Psychological, Psychiatric, Therapy, Vision; (B) Alcohol and drug treatment; (C) Smoking cessation; (D) Drugs, prescriptions and non-prescription; (E) Nursing services and facilities; (j) Transportation or relocation; (k) Quality of life, living skills training; or (l) Personal care; or (m) Legal services and expert witnesses services; (n) Religious practices, traditions and services, separately or in any combination thereof; and (o) Educational services. The term "Client Services" does not include benefits or services provided as a condition of employment with an Agency. (26) "Closing" means the date and time specified in a Solicitation Document as the deadline for submitting Offers. (27) "Code" is the "Public Contracting Code," defined in ORS 279A.010(1)(bb), and “Code” means ORS Chapters 279A, 279B and 279C. (28) “Competitive Quotes” means the sourcing method according to OAR 125-249-0160. (29) "Competitive Range" means the Proposers with whom the Agency will conduct Discussions or Negotiations if the Agency intends to conduct Discussions or Negotiations in accordance with OAR 125-247-0260 or 125-249-0650. (30) "Competitive Sealed Bidding" means the sourcing method according to ORS 279B.055. (31) "Competitive Sealed Proposals" means the sourcing method according to ORS 279B.060. (32) "Consultant" means the Person with whom an Agency enters into a Contract for the purposes of consulting, conferring, or deliberating on one or more subjects, and this Person provides advice or opinion; e.g., Consultants for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services as defined in ORS 279C.115 and information technology Consultants. (33) "Contract" means an agreement between two or more Persons which creates an obligation to do or not to do a particular thing. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. For the purposes of these Rules, “Contract” means Public Contract. (34) "Contract Administration" means all functions related to a given Contract, including Amendments, between an Agency and a Contractor from: (a) The time the Contract is signed by all parties until; (b) The Work is completed and accepted or the Contract is terminated, final payment has been made, and any disputes have been resolved. (35) “Contract Administrator” means the officer, employee, or other individual designated in Writing by an Authorized Agency, by name or position description, to conduct the Contract Administration of a Contract or class of Contracts. (36) "Contractor" means the Person with whom an Agency enters into a Contract and has the same meaning as "Consultant" or “Provider." (37) "Contract Price" means, as the context requires, the maximum monetary obligation that an Agency either will or may incur under a Contract, including bonuses, incentives and contingency amounts, if the Contractor fully performs under the Contract, and including, but not limited to consideration of Sustainability in accordance with ORS 184.421 and OAR 125-246-0120, and Life Cycle Costing in accordance with OAR 125-247-0170. (38) "Contract Review Authority" means the Director of the Department and the Director's delegatee, unless specified by statute as the Director of the Oregon Department of Transportation. (39) "Contract-Specific Special Procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related Contracts for the acquisition of specified Supplies and Services on a one-time basis or for a single project. (40) “Contracting Agency.” (a) “Contracting Agency” is defined in ORS 279A.010(1)(b) and, for Agencies operating under these Rules and the Code, means the Director of the Oregon Department of Administrative Services, authorized to act on their behalf according to ORS 279A.140. (b) The definition of “Contracting Agency” in ORS 279A.010(1)(b) does not give Agencies procurement Authority. For Procurement Authority of Agencies, see OAR 125-246-0170. (41) "Cooperative Procurement" is defined in OAR 125-246-0400. (42) "Cooperative Procurement Group" is defined in OAR 125-246-0400. (43) "Days" means calendar days. (44) "Department" means the Oregon Department of Administrative Services. The Procurement Authority of the Department is described in OAR 125-246-0170. When a Rule refers to any action of the Department, any individual acting on behalf of the Department must be authorized to take such action in accordance with OAR 125-246-0170. (45) "Department Price Agreement" means a Price Agreement issued by the Department on behalf of all Agencies. Such Agreements may be mandatory for use by Agencies or voluntary for use by Agencies. Such Agreements may result from a Cooperative Procurement. According to OAR 125-246-0360 (Purchases through Federal Programs), an Authorized Agency may not purchase Supplies and Services through Federal Programs if a mandatory Department Price Agreement for those authorized Supplies and Services exists. (46) "Designated Procurement Officer" means the individual designated and authorized by the head of an Authorized Agency and by these Rules to perform certain Procurement functions described in these Rules. If any head of an Authorized Agency does not designate and authorize an individual as a Designated Procurement Officer, "Designated Procurement Officer" also means that head of the Authorized Agency, who then acts in the place of the Designated Procurement Officer. (47) "Descriptive Literature" means Written information submitted with the Offer that addresses the Supplies and Services included in the Offer. (48) "Director” is defined in ORS 279A.010(1)(e) and means the Director of the Department or a person designated by the Director to carry out the Authority of the Director under the Public Contracting Code and these Rules. (49) "Discussions" means to exchange information, compare views, take counsel, and communicate with another for the purposes of achieving clarification and mutual understanding of an Offer. (50) "Disqualification" means a disqualification, suspension or debarment of a Person according to ORS 200.065, 200.075, and 279A.110 and OAR 125-246-0210(4). (51) "Donee" is defined in ORS 279A.250(1) and means an entity eligible to acquire federal donation property based upon federal regulations or eligible to acquire Surplus Property in accordance with Rules adopted by the Department. Entities eligible to acquire federal donation property may also acquire Surplus Property other than federal donation property. (52) "Electronic Advertisement" means an Agency's Solicitation Document, Request for Quotes, request for information or other document inviting participation in the Agency's Procurements made available over the Internet via: (a) The World Wide Web; (b) OregonBuys; or (c) An Electronic Procurement System other than OregonBuys approved by the State Chief Procurement Officer. An Electronic Advertisement may or may not include a Solicitation Document. (53) "Electronic Offer" means a response to an Agency's Solicitation Document or request for Quotes submitted to an Agency via (a) The World Wide Web or some other Internet protocol; or (b) OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. (54) "Electronic Procurement System" means OregonBuys or other system approved by the State Chief Procurement Officer, constituting an information system that Persons may access through the Internet, using the World Wide Web or some other Internet protocol, or that Persons may otherwise remotely access using a computer, that enables Persons to send Electronic Offers and an Agency to post Electronic Advertisements, receive Electronic Offers, and conduct any activities related to a Procurement. (55) "Electronic Goods" means Goods which are dependent on electric currents or electromagnetic fields in order to Work properly and Goods for the generation, transfer and measurement of such currents and fields. (56) "Emergency" means circumstances that: (a) Could not have been reasonably foreseen; (b) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and (c) Require prompt execution of a Contract to remedy the condition. An "Emergency Procurement" means a sourcing method according to ORS 279B.080, 279C.335(5), 125-248-0200, or related Rules. (57) "Energy Savings Performance Contract" means a Public Contract between an Agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance. (58) "Engineer" is defined in ORS 279C.100 and means a Person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(2). (59) “Enterprise Information Technology and Telecommunications” is defined in ORS (Chapter 807, 2015 Laws) and means: (a) Technologies, resources, systems and services that state agencies use to generate, process, store and secure information for governmental purposes, including geographic information; (b) Technologies, resources, systems and services that state agencies use to send, receive, process or otherwise facilitate telecommunications for governmental purposes; and (c) Technologies, resources, systems and services that state agencies use to install, maintain, repair, update, replace, remove or otherwise support the technologies, resources, systems or services described in paragraphs (a) and (b) of this subsection. (60) "Established Catalog Price" means the price included in a catalog, price list, schedule or other form that: (a) Is regularly maintained by a manufacturer or Contractor; (b) Is either published or otherwise available for inspection by customers; and (c) States prices at which sales are currently or were last made to a significant number of any category of buyers or to buyers constituting the general market, including Public Bodies, for the Supplies and Services involved. (61) "Executive Department" is defined in ORS 174.112. (a) Subject to ORS 174.108, “Executive Department” means: all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the Executive Department of government as described in Section 1, Article III of the Oregon Constitution, and that are not: (A) In the judicial department or the legislative department; (B) Local governments; or (C) Special government bodies. (b) Subject to ORS 174.108, as used in the statutes of this State, “Executive Department” includes: (A) An entity created by statute for the purpose of giving advice only to the Executive Department and that does not have members who are officers or employees of the judicial department or Legislative Department; (B) An entity created by the Executive Department for the purpose of giving advice to the Executive Department, if the document creating the entity indicates that the entity is a public body; and (C) Any entity created by the Executive Department other than an entity described in Subsection (B), unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Executive Department. (62) "Findings" is defined in ORS 279C.330 and means the justification for an agency's conclusion that includes, but is not limited to, information regarding: (a) Operational, budget and financial data; (b) Public benefits; (c) Value engineering; (d) Specialized expertise required; (e) Public safety; (f) Market conditions; (g) Technical complexity; and (h) Funding sources. (63) "Fire Protection Equipment" is defined in ORS 476.005 and means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment. (64) "Flagger" means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals. (65) “Formal Selection Procedure” means the procedure according to OAR 125-248-0220. (66) "Fringe Benefits" is defined in ORS 279C.800 and means the amount of: (a) The rate of contribution irrevocably made by a Contractor or subcontractor to a trustee or to a third person under a plan, fund or program; and (b) The rate of costs to the Contractor or subcontractor that may be reasonably anticipated in providing benefits to Workers according to an enforceable commitment to carry out a financially responsible plan or program that is committed in Writing to the Workers affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs or for other bona fide fringe benefits, but only when the Contractor or subcontractor is not required by other federal, state or local law to provide any of these benefits. (67) "Good Cause" is defined in ORS 279C.585, and the Oregon Construction Contractors Board must define "Good Cause" by rule. "Good Cause" includes, but is not limited to, the financial instability of a subcontractor. The definition of "Good Cause" must reflect the least-cost policy for Public Improvements established in ORS 279C.305. This definition does not apply to OAR 125-247-0255 and 125-247-0260. (68) "Good Faith Dispute" is defined in ORS 279C.580(5)(b) and means a documented dispute concerning: (a) Unsatisfactory job progress; (b) Defective work not remedied; (c) Third-party claims filed or reasonable evidence that claims will be filed; (d) Failure to make timely payments for labor, equipment and materials; (e) Damage to the prime Contractor or subcontractor; or (f) Reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. (69) "Goods" means supplies, equipment, or materials, and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that an Agency is authorized by law to procure. (70) "Goods and Services" or "Goods or Services" is defined in ORS 279A.010 and for purposes of these Rules falls within the meaning of "Supplies and Services" (see the definition of “Supplies and Services” in this Rule). “Goods and Services” or “Goods or Services” does not include Personal Services. “Supplies and Services” includes Personal Services. (71) "Governor’s Policy Advisor for Economic and Business Equity, formerly the Advocate for Minority, Women and Emerging Small Business", (also known as the Director of Economic & Business Equity), means the individual appointed by the Governor to advise the Governor, Legislature and Director's Office on issues related to the integration of Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses into the mainstream of the Oregon economy and business sector. The Governor’s Policy Advisor for Economic and Business Equity oversees the resolution of business concerns with Agencies impacting firms certified by the Certification Office for Business Inclusion and Diversity (COBID), formerly the Office of Minority, Women and Emerging Small Businesses, (also known as the Office of Economic & Business Equity). The Governor’s Policy Advisor for Economic and Business Equity is also charged with maintaining the Oregon Opportunity Register and Clearinghouse to facilitate the timely notice of business and contract opportunities to COBID certified firms, according to ORS 200.025. (72) "Grant" is defined in ORS 279A.010(1)(k)(A) and means: (a) An agreement under which an Agency receives money, property or other assistance, including but not limited to federal assistance that is characterized as a Grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the Agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions; or (b) An agreement under which an Agency provides money, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the Agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions. (c) "Grant" does not include a Public Contract: (A) For a Public Improvement for Public Works, as defined in ORS 279C.800; or (B) For emergency Work, minor alterations or ordinary repair or maintenance necessary to preserve a Public Improvement, when under the Public Contract: (i) An Agency pays moneys that the Agency has received under a Grant; and (ii) Such payment is made in consideration for Contract performance intended to realize or to support the realization of the purposes for which Grant funds were provided to the Agency. (73) "Industrial Oil" means any compressor, turbine or bearing oil, hydraulic oil, metal-working oil or refrigeration oil. (74) “Informal Selection” means the procedure according to OAR 125-248-0210. (75) “Information Technology (IT)” means: (a) Any equipment or interconnected system or subsystem of equipment used in the acquisition, storage, manipulation, management, movement, control, security, display, switching, interchange, transmission, communication, or reception of data or information electronically; (b) Any development, implementation, and maintenance of computer equipment, ancillary equipment, software, firmware, and related procedures and services, including support services, consulting services, software development and related resources; or (c) Any computer programs, routines, or subroutines, including operating software, programming aids, application programs, and software products. (76) "Intermediate Procurement" means a sourcing method according to ORS 279B.070 or OAR 125-249-0160. (77) "Interstate Cooperative Procurement" is defined in OAR 125-246-0400. (78) "Invitation to Bid" or "ITB" is defined in ORS 279B.005 and 279C.400 and means all documents, whether attached or incorporated by reference, used for soliciting Bids in accordance with ORS 279B.055, 279B.070 or 279C.335. (79) "Joint Cooperative Procurement" is defined in OAR 125-246-0400. (80) "Judicial Department" is defined in ORS 174.113 and means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. The Judicial Department includes: (a) An entity created by statute for the purpose of giving advice only to the Judicial Department and that does not have members who are officers or employees of the Executive Department or Legislative Department; (b) An entity created by the Judicial Department for the purpose of giving advice to the judicial department, if the document creating the entity indicates that the entity is a public body; and (c) Any entity created by the Judicial Department other than an entity described in paragraph (b) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Judicial Department. (81) "Labor Dispute" is defined in ORS 662.010 and includes any controversy concerning terms or conditions of employment, or concerning the association or representation of Persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. (82) "Land Surveyor" is defined in ORS 279C.100(4) and means a Person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(5). (83) "Legally Flawed" is defined in ORS 279B.405(1)(b) and means that a Solicitation Document contains terms or conditions that are contrary to law. (84) "Legislative Department" is defined in ORS 174.114 and, subject to ORS 174.108, means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. The Legislative Department includes: (a) An entity created by statute for the purpose of giving advice only to the Legislative Department and that does not have members who are officers or employees of the executive department or judicial department; (b) An entity created by the Legislative Department for the purpose of giving advice to the legislative department, but that is not created by statute, if the document creating the entity indicates that the entity is a public body; and (c) Any entity created by the Legislative Department by a document other than a statute and that is not an entity described in paragraph (b) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Legislative Department. (85) "Locality" is defined in ORS 279C.800(3) and means the following district in which the Public Works, or the major portion thereof, is to be performed: (a) District 1, composed of Clatsop, Columbia and Tillamook Counties; (b) District 2, composed of Clackamas, Multnomah and Washington Counties; (c) District 3, composed of Marion, Polk and Yamhill Counties; (d) District 4, composed of Benton, Lincoln and Linn Counties; (e) District 5, composed of Lane County; (f) District 6, composed of Douglas County; (g) District 7, composed of Coos and Curry Counties; (h) District 8, composed of Jackson and Josephine Counties; (i) District 9, composed of Hood River, Sherman and Wasco Counties; (j) District 10, composed of Crook, Deschutes and Jefferson Counties; (k) District 11, composed of Klamath and Lake Counties; (l) District 12, composed of Gilliam, Grant, Morrow, Umatilla and Wheeler Counties; (m) District 13, composed of Baker, Union and Wallowa Counties; and (n) District 14, composed of Harney and Malheur Counties. (86) "Lowest Responsible Bidder" is defined in ORS 279A.010(1)(r) and means the lowest Bidder who: (a) Has substantially complied with all prescribed Public Contracting procedures and requirements; (b) Has met the standards of responsibility set forth in ORS 279B.110(2) or 279C.375; (c) Has not been debarred or disqualified by the Agency under ORS 279B.130 or 279C.440; and (d) Is not on the list created by the Oregon Construction Contractors Board under ORS 701.227, if the advertised contract is a Public Improvement Contract. (87) "Lubricating Oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine. (88) "Mandatory Use Contract" means a Public Contract, Department Price Agreement, or other agreement that an Agency is required to use for the Procurement of Supplies and Services. (89) "Multistepped" means more than one step, phase, tier, or round in a process used in Competitive Sealed Bidding or Competitive Sealed Proposals according to ORS 279B and OAR Division 247. (90) "Negotiations" means to compare views, take counsel, and communicate with another so as to arrive at a voluntary, mutual agreement about a matter. (91) "Nonprofit Organization" is defined in ORS 279C.810 and means an organization or group of organizations described in Section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under Section 501(a) of the Internal Revenue Code. (92) "Nonresident Offeror" means an Offeror who is not a resident Offeror. For the meaning of residency, see the definition of “Resident Offeror.” (93) "Not-for-Profit Organization" means a Nonprofit Corporation as defined in ORS 307.130(1)(c). (94) "OAR" means the Oregon Administrative Rules. (95) "Offer" means a response to a Solicitation, including: a Bid, Proposal, Quote or similar response to a Solicitation. (96) "Offeror" means a Person who submits an Offer (97) "Offering" means a Bid, Proposal, or Quote. (98) "OPB Certified Professional" means an individual holding an active Oregon Procurement Basic Certification, issued by the State Chief Procurement Officer. (99) "Opening" means the date, time and place specified in the Solicitation Document for the public opening of Written sealed Offers. (100) “Ordering Instrument” or “Order” means a document used by an Authorized Agency in compliance with the Public Contracting Code, these Rules, and Department policies, for the general purpose of ordering Supplies and Services from one or more Providers. (a) An Ordering Instrument or Order may also be known as a Purchase Order, Work Order, or other name assigned by an Agency. (b) A Price Agreement may specify the use of Ordering Instruments. (c) Absent a Price Agreement and subject to the Public Contracting Code, Rules, and Department policies, an Authorized Agency’s appropriate use of an Ordering Instrument is an Offer to purchase Supplies and Services from one or more Providers, and a Provider’s responsive and appropriate acceptance of the Offer creates a Public Contract. (101) “Ordinary Construction Services” means those services that are not Public Improvements, are procured under ORS Chapter 279B, and are otherwise under ORS Chapter 279C, in accordance with OAR 125-249-0100(1) and 125-249-0140. (102) "Original Contract" means the initial Contract or Price Agreement of the Department or an Authorized Agency. See OAR 125-246-0400 for the definition of "Original Contract" that the Public Contracting Code and Rules use for Cooperative Procurements only. (103) "OregonBuys" means the on-line Electronic Procurement System administered by the Department, as further described in OAR 125-246-0500. (104) "ORS" means the Oregon Revised Statutes. (105) "Participant” is defined in OAR 125-246-0400. (106) "Permissive Cooperative Procurement" is defined in OAR 125-246-0400. (107) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. "Person" is also defined in ORS 279C.500 and means the State Accident Insurance Fund Corporation and the Department of Revenue. “Person” is defined in ORS 279C.815 and means any employer, labor organization or any official representative of an employee or employer association. (108) "Personal Services" under ORS 279B means services that require specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, the services of an accountant, physician or dentist, educator, information technology professional, Consultant, broadcaster, or artist (including a photographer, filmmaker, painter, weaver or sculptor). "Personal Services" under ORS 279C includes the services of an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or Provider of Related Services as defined in ORS 279C.100, and that definition applies only to ORS 279C.100 to 279C.125, for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services. (109) "Personal Services Contract" means a Contract or a member of a class of Contracts for Personal Services. Contracts for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services are a special class of Personal Services Contracts, defined in ORS 279C.100(5), and Providers under such Contracts are Consultants, as defined in OAR 125-248-0110(1). (110) "Prevailing Rate of Wage" is defined in ORS 279C.800 and means the rate of hourly wage, including all fringe benefits, paid in the Locality to the majority of Workers employed on projects of similar character in the same trade or occupation, as determined by the Commissioner of the Bureau of Labor and Industries. (111) “Price Agreement.” (a) "Price Agreement" is defined in ORS 279A.010(1)(v) and means a Public Contract for the Procurement of Supplies and Services at a set price with: (A) No guarantee of a minimum or maximum purchase; or (B) An initial order or minimum purchase combined with a continuing Contractor obligation to provide Supplies and Services in which the Authorized Agency does not guarantee a minimum or maximum additional purchase. (b) The set price may exist at the outset or be determined later by an Ordering Instrument. (c) A “Price Agreement” as a Public Contract may collectively consist of an initial agreement, together with later Ordering Instruments, if any. (A) The initial agreement may be known as an agreement to agree, a master agreement, a Price Agreement for any Supplies and Services, a services agreement, or a retainer agreement, if such agreement meets the requirements of this Rule’s definition. (B) The Ordering Instrument may be known as a work order, purchase order, or task order, or by another name for ordering purposes and related to the initial agreement. (112) "Procurement" means the act of purchasing, leasing, renting or otherwise acquiring or selling: Supplies and Services; Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services; and Public Improvements. Procurement includes each function and procedure undertaken or required to be undertaken by an Authorized Agency to enter into a Public Contract, administer a Public Contract and obtain the performance of a Public Contract under the Public Contracting Code and these Rules. Procurement includes Contract Administration, and Contract Administration includes Amendments. (113) “Procurement Authority” means the power to conduct any part or function in the Procurement process . (114) "Procurement Document" collectively means the inclusive Solicitation Document and all documents either attached or incorporated by reference, and any changes thereto, used for any of the methods according to ORS 279A.200 through 279A.220, 279B.055 through 279B.085, 279C.100 through 279C.125, or 279C.300 through 2729C.450. (115) “Procurement File” means any of the following files maintained by an Authorized Agency: a solicitation, Contract, Amendment, Work Order, or contract administration file, separately or collectively. (116) "Procurement Process" means the process related to these acts, functions, and procedures of Procurement. (117) "Product Sample" means the exact Goods or a representative portion of the Goods offered in an Offer, or the Goods requested in the Solicitation Document as a sample. (118) "Property" is defined in ORS 279A.250 and means personal property. (119) "Proposal" means a Written response to a Request for Proposals. (120) "Proposer" means a Person who submits a proposal in response to a Request for Proposals, except for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services according to OAR 125-248-0110, whereby "Proposer" means a Consultant who submits a proposal to an Authorized Agency in response to a Request for Proposals. (121) "Provider" means collectively or in the alternative: the supplier, Contractor or Consultant, providing Supplies and Services or Public Improvements. (122) "Post-consumer Waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Post-consumer waste" does not include manufacturing waste. (123) "Public Agency" is defined in ORS 279C.800 and means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter. (124) "Public Body" is defined in ORS 174.109, subject to ORS 174.108, and means state government bodies, local government bodies and special government bodies. (125) "Public Contract" is defined in ORS 279A.010(1)(z) and means a sale or other disposal, or a purchase, lease, rental or other acquisition, by an Authorized Agency of Supplies and Services, Public Improvements, Public Works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement. "Public Contract" does not include Grants. For the purposes of these Rules, “Public Contract” means Contract. (126) "Public Contracting" is defined in ORS 279A.010(1)(aa) and means Procurement activities described in the Public Contracting Code relating to obtaining, modifying or administering Public Contracts or Price Agreements. (127) "Public Contracting Code" or "Code" is defined in ORS 279A.010(1)(bb) and means 279A, 279B and 279C. (128) “Public Improvement Contract” means a Public Contract for a Public Improvement. “Public Improvement Contract” does not include a Public Contract for emergency Work, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement. (129) “Public Improvement” is defined in ORS 279A.010(1)(cc) and means a project for construction, reconstruction or major renovation on real property by or for an Authorized Agency. “Public Improvement” does not include: (a) Projects for which no funds of an Authorized Agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or (b) Emergency Work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement. (c) Projects to acquire, install, or maintain a devise or facility for delivering electricity to the public for electric motor vehicles, in accordance with HB 2093 (2019). (130) “Public Works” is defined in ORS 279C.800 and includes, but is not limited to: roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for or by any public agency, to serve the public interest, but does not include the reconstruction or renovation of privately owned property that is leased by a Public Agency. (131) “Purchase Order” means an Ordering Instrument or Order, as defined in this Rule. (132) “Qualifications Based Selection (QBS)” means the qualifications based selection process mandated by ORS 279C.110 for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services Contracts. (133) “Quote” means a verbal or Written Offer obtained through an Intermediate Procurement according to either OAR 125-247-0270 or 125-249-0160. (134) “Recycled Material” means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. (135) “Recycled Oil” means used oil that has been prepared for reuse as a petroleum product by refining, re-refining, reclaiming, reprocessing or other means, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations. (136) “Recycled Paper” means a paper product with not less than: (a) Fifty percent of its fiber weight consisting of secondary waste materials; or (b) Twenty-five percent of its fiber weight consisting of post-consumer waste. (137) “Recycled PETE” means post-consumer polyethylene terephthalate material. (138) “Recycled Product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled Product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form. (139) “Related Services” is defined in ORS 279C.100(8). (140) “Request for Proposals” or “RFP” is defined in ORS 279B.005 and means all documents, either attached or incorporated by reference, and any Addenda thereto, used for soliciting Proposals in accordance with ORS.279B.060, 279B.070 or 279C.405 and related Rules. (141) “Request for Qualifications” or “RFQ” means a Written document issued by an Authorized Agency and describing: the Authorized Agency's circumstances; the type of service(s) or Work desired; significant evaluation factors; their relative importance; if appropriate, price; and competitive qualifications. Contractors respond in Writing to the Authorized Agency by describing their experience and qualifications. The RFQ will not result in a Contract. It establishes a list of qualified Contractors in accordance with OAR 125-247-0550, 125-248-0220 or 125-249-0645. (142) “Request for Quotes” means a Written or oral request for prices, rates or other conditions under which a potential Contractor would provide Supplies and Services or Public Improvements described in the request. (143) “Resident Bidder” is defined in ORS 279A.120 and means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a “Resident Bidder.” (144) “Resident Offeror” means an Offeror that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Offer, has a business address in this State, and has stated in the Offer whether the Offeror is a “resident Offeror.” (145) “Responsible” means meeting the standards set forth in OAR 125-247-0640 or 125-249-0390(2), and not debarred or disqualified by the Authorized Agency under OAR 125-247-0575 or 125-249-0370. (146) “Responsible Bidder” or “Responsible Proposer” is defined in ORS 279A.105 and 279B.005 and means a person who meets the standards of responsibility as described in ORS 279B.110. (147) “Responsible Offeror” means, as the context requires, a Responsible Bidder, Responsible Proposer or a Person who has submitted an Offer and meets the standards set forth in OAR 125-247-0640 or 125-249-0390(2), and who has not been debarred or disqualified by the Agency under OAR 125-247-0575 or 125-249-0370, respectively. (148) “Responsible Proposer” or “Responsible Bidder” is defined in ORS 279B.005 and means a Person who meets the standards of responsibility described in ORS 279B.110. (149) “Responsive” means having the characteristic of substantial compliance in all material respects with applicable solicitation requirements. (150) “Responsive Bid” or “Responsive Proposal” is defined in ORS 279B.005 and means a Bid or Proposal that substantially complies with the Invitation to Bid or Request for Proposals, respectively, and all prescribed Procurement procedures and requirements. (151) “Responsive Offer” means, as the context requires, a Responsive Bid, Responsive Proposal or other Offer that substantially complies in all material respects with applicable Solicitation requirements. (152) “Responsive Proposal” or “Responsive Bid” is defined in ORS 279B.005 and means a bid or proposal that substantially complies with the Invitation to Bid or Request for Proposals and all prescribed procurement procedures and requirements. (153) “Retainage” is defined in ORS 279C.550 and means the difference between the amount earned by a Contractor on a Public Contract and the amount paid on the contract by the Authorized Agency. (154) “Rules” means these Public Contracting Rules of the Department including Divisions 246 through 249, unless otherwise indicated. (155) “Scope” means the extent or range of view, outlook, application, operation, or effectiveness. Scope does not include the dollar amount of the Contract. (156) “Secondary Waste Materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. “Secondary Waste Materials” includes post-consumer waste. “Secondary Waste Materials” does not include excess virgin resources of the manufacturing process. For paper, “Secondary Waste Materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process. (157) “Serial Negotiation” means a Negotiation that is sequential, on-going, consecutive, alternating, or repetitive. (158) “Services” or “services,” for the purpose of these Rules only, means Trade Services, Personal Services, or any combination thereof. (159) “Signature” means any Written mark, word or symbol that is made or adopted by a Person with the intent to be bound and that is attached to or logically associated with a Written document to which the Person intends to be bound. (160) “Signed” means, as the context requires, that a Written document contains a Signature or that the act of making a Signature has occurred. (161) “Small Procurement” means a sourcing method according to ORS 279B.065. (162) “Sole-Source Procurement” means a sourcing method by which an Authorized Agency awards a Contract without competition to a single source for Supplies and Services, when Written justification demonstrates no other source is available, in accordance with ORS 279B.075 and OAR 125-247-0275. (163) "Solicitation" means: (a) A request by an Authorized Agency for the purpose of soliciting Offers. This request may take the form of an Invitation for Bid, a Request for Proposal, a Request for Quotation, a Request for Qualifications or a similar document; or (b) The process of notifying prospective Offerors that the Authorized Agency requests such Offers; or (c) The Solicitation Document itself. (164) "Solicitation Document" means an Invitation to Bid; a Request for Proposals; a Writing for a Small, Intermediate, Informal Selection, Competitive Quote, or Emergency Procurement; a Special Procurement Solicitation; or other document issued to invite Offers from prospective Contractors in accordance with ORS 279B or 279C. “Solicitation Document” includes related documents, either attached or incorporated by reference, and any changes thereto, issued by an Authorized Agency to establish an Original Contract that forms the basis for an Agency’s participation in a Procurement. The following examples are not Solicitation Documents because they do not invite offers from prospective Contractors: Request for Qualifications, a prequalification of Bidders, a request for information, and a request for product prequalification. (165) “Special Government Body” is defined in ORS 174.117 and (a) Means any of the following: (A) A public corporation created under a statute of this State and specifically designated as a public corporation. (B) A school district. (C) A public charter school established under ORS Chapter 338. (D) An education service district. (E) A community college district or community college service district established under ORS Chapter 341. (F) An intergovernmental body formed by two or more public bodies. (G) Any entity that is created by statute, ordinance or resolution that is not part of state government or local government. (H) Any entity that is not otherwise described in this Section that is: (i) Not part of state government or local government; (ii) Created according to authority granted by a statute, ordinance or resolution, but not directly created by that statute, ordinance or resolution; and (iii) Identified as a governmental entity by the statute, ordinance or resolution authorizing the creation of the entity, without regard to the specific terms used by the statute, ordinance or resolution. (b) Subject to ORS 174.117, “Special Government Body” includes: (A) An entity created by statute for the purpose of giving advice only to a special government body; (B) An entity created by a Special Government Body for the purpose of giving advice to the special government body, if the document creating the entity indicates that the entity is a public body; and (C) Any entity created by a Special Government Body described in Subsection (a) of this Section, other than an entity described in paragraph (B) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Special Government Body. (166) “Special Procurement” means a sourcing method that may be a class Special Procurement, a contract-specific Special Procurement or both, unless the context requires otherwise in accordance with ORS 279B.085 and OAR 125-247-0287. (a) “Class Special Procurement” is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time for the acquisition of a specified class of Supplies and Services. (b) “Contract-specific Special Procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related contracts for the acquisition of specified Supplies and Services on a one-time basis or for a single project. (167) “Specification” is defined in ORS 279B.200(3) and means any description of the physical or functional characteristics, or of the nature of the Supplies and Services to be procured by an Agency. “Specification” includes: any requirement for inspecting, testing, or preparing the Supplies and Services for delivery and the quantities or qualities of Supplies and Services to be furnished under the Contract. Specifications generally will state the result to be obtained and occasionally may describe the method and manner of performance. (168) “State” means the State of Oregon. (169) “State Contracting Agency” is defined in ORS 279A.010 and 200.005(12) and means an Executive Department entity authorized by law to conduct a Procurement. (170) “State Government,” subject to ORS 174.108, means the Executive Department, the Judicial Department and the Legislative Department. (171) "Statement of Work" means all provisions of a Public Contract that specifically describe the Services or Work to be performed or Goods to be delivered by either the Contractor, its subcontractor(s), or the Agency, as applicable, including any related Technical Specifications, deadlines, or deliverables. For purposes of the definition of Statement of Work, "Technical Specifications" with respect to equipment, materials and Goods, means descriptions of dimensions, composition and manufacturer and quantities and units of measurement that describe quality, performance, and acceptance requirements. With respect to Services, "Technical Specifications" means quantities and units of measurement that describe quality, performance and acceptance requirements. (172) “Substantial Completion” is defined in ORS 12.135 and means the date when the contractee accepts in Writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such Written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee. (173) “Supplies and Services” includes “Supplies or Services” and collectively means Goods, Trade Services, Personal Services, and Ordinary Construction Services separately or in any combination of these terms thereof as appropriate within the context of the Rule. “Supplies and Services” includes the terms “goods and services,” “goods or services,” and “personal services” contained in ORS 279A and 279B. This term does not include Public Improvements or Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, governed under ORS 279C. (174) "Surplus Property" means all personal property, vehicles and titled equipment property received by the Department as surplus from federal government units, state agencies, local governments, and special government bodies for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. See OAR 125-050. (175) “Sustainability” is defined in ORS 184.421 and means using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives. (176) “Threshold” means a specific monetary limitation that distinguishes one Procurement method from another, triggers a requirement, or marks a point of reference or change in Rule. For example, the Thresholds of $25,000 to $250,000 distinguish Intermediate Procurements under ORS 279B from other methods. (177) “Trade Services” means all remaining services that do not meet the definition for Personal Services. (178) “Unnecessarily Restrictive” is defined in ORS 279B.405(1)(c) and means that Specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the Procurement needs of an Agency. (179) “Used Oil” is defined in ORS 459A.555 and means a petroleum-based oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. (180) “Veteran” is defined in ORS 200.005 and means: (a) an individual who: (A) Served on active duty with the Armed Forces of the United States: (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions; (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; (iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Af- fairs; or (v) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions; (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs; (D) Is a disabled veteran, as defined in ORS 408.225; or (E) Has been a reserve officer or member of a National Guard unit for at least five years before the individual seeks a certification under ORS 200.055. (b) As used in paragraph (a) of this subsection, “active duty” does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit. (181) “Virgin Oil” means oil that has been refined from crude oil and that has not been used or contaminated with impurities. (182) “Work” means the furnishing of all services, materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and the carrying out and completion of all duties and obligations imposed by the Contract. (183) “Work Order” means an Ordering Instrument related to Services, including any incidental Supplies. (184) “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings. (185) “Written” means existing in Writing. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065, 279A.200, 279B.005 & 279C.110 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023 DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023 DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16 DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 9-2005, f. & cert. ef. 8-3-05 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05