justicedao/ipfs_state_laws huggingface dataset:
177-010-0110 Lottery Trade or Service Marks (1) Public Display, Use, or Publication of Trademarks and Service Marks: The Lottery’s trademarks and service marks include, but are not limited to, the Lottery’s name and logo; game names, logos, and taglines; and licensed game names and logos that the Lottery has contractual authority to use. The public display, publication, or other use of the Lottery’s trademarks and service marks is permitted only after the Director or the Director’s designee: (a) Provides written approval of a request for the display, publication, or other use; or (b) Enters into a license agreement with the requestor for the display, publication, or other use. (2) Request Requirements: All requests for display, publication, or other use of the Lottery’s trademarks and service marks must be in writing and must include the following: (a) A sample showing the proposed use of the trademark or service mark in a display, publication, or other use; and (b) An explanation of how and where the trademark or service mark will be displayed, published, or otherwise used. (3) Director’s Approval: The Director or the Director’s designee has sole and exclusive discretion whether or not to approve a request and to determine the conditions applying to use of the trademark or service mark. The Director or the Director’s designee may require the requestor to enter into a licensing agreement before use of a trademark or service mark is authorized. (4) Rights: This rule shall not be construed to grant or create any right to display, publish, or otherwise use, in any manner, in whole or in part, any of the Lottery’s trademarks or service marks. The Lottery may take any action that the Lottery deems necessary to enforce its rights in its trademarks and service marks. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.150 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 4-1994, f. 3-31-94, cert. ef. 4-1-94
177-037-0000 Definitions The definitions in OAR 177-038-0000 apply to the terms used in this division. In addition, the following definitions apply: (1) “Control Person” means a person described in ORS 461.410. (2) “General Procurement” means a procurement for those Goods or Services that do not involve sensitive or secure Lottery information, and includes, but is not limited to, office supplies and equipment, media, vehicles, and promotional products. Disclosure requirements governing this classification are contained in OAR 177-037-0050. (3) “Major Procurement” has that definition as defined in OAR 177-038-0000(22). (4) “Sensitive Procurement” means a procurement that involves sensitive and secure information and includes, but is not limited to, Goods or Services involving audits for drawings and security, direct access to gaming computer systems, financial systems, receiving or recording of gaming information, locks and keys for terminals, and also includes the Lottery’s primary advertising agency. Disclosure requirements for this classification of procurements are contained in ORS 461.700 and OAR 177-037-0040. (5) “Vendor” means, for the purposes of this chapter, any Person interested in providing Goods or Services to the Lottery, but does not include a Lottery game retailer as defined in ORS 461.010(7). Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 8-2018, amend filed 09/28/2018, effective 10/01/2018 LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-037-0010 General Policy (1) General: It is the policy of the Lottery to conduct security background investigations on Lottery Vendors and Lottery Contractors to ensure the competence, integrity, background, good character, and the nature of the true business ownership and control of a Vendor or Contractor. (2) Disclosure: To assure the security and integrity of the Lottery and Lottery games, the Director may require a Vendor, including any Control Person of the Vendor, or any employee or subcontractor of the Vendor that Lottery determines may have access to sensitive or secure Lottery information, to disclose and provide any information or disclosures deemed necessary to approve the Vendor as a Lottery Contractor. When required by these rules or by the Director, the Vendor must submit an application for approval to be a Lottery Contractor on disclosure forms provided by Lottery and must include all information and disclosures requested. Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-037-0020 Classification of Lottery Procurements (1) General: A procurement or Contract is classified according to the degree to which a Contractor may have access to secure and sensitive Lottery information, including materials or systems, which in the opinion of the Director affect the honesty, fairness, integrity, or security of the Lottery or any Lottery games. The factors used to classify a procurement or Contract include, but are not limited to: The type of Goods or Services to be provided; access to and the potential risk to Lottery games technology or data, access to and the potential risk to Lottery financial systems; and the type of company involved. There are three classifications of Procurements: Major, Sensitive, and General. (2) Classification: The decision to classify a procurement as a Major, Sensitive, or General Procurement is made by the Director in consultation with the Assistant Director for Security prior to the Lottery’s issuance of a Solicitation Document. The classification of a procurement, disclosure requirements, and instructions for disclosure will be stated in the procurement Solicitation Document or in the procurement advertisement. (3) Classification Changes: The Director’s decision to classify a particular procurement under sections (1) and (2) of this rule is not binding on the Lottery and in no way limits the authority of the Commission or the Director to change the procurement or Contract classification, or the disclosure requirements at any time prior to the award of a Contract or during the term of a Contract. Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-037-0030 Major Procurements (1) General: In all solicitations for a Major Procurement, Lottery shall clearly identify the solicitation as a Major Procurement. (2) Disclosure: All procurements classified as a Major Procurement require an extensive security background investigation and are subject to all disclosure requirements specified in ORS Chapter 461 and OAR chapter 177, division 37, and any other special disclosure requirements deemed necessary by the Director or the Commission. An Offer or Proposal for a Major Procurement must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery. (3) Continuing Disclosure Requirement: Unless otherwise specified in the Contract for a Major Procurement, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change. Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-037-0040 Sensitive Procurements (1) General: In all solicitations for a Sensitive Procurement, Lottery shall clearly identify the solicitation as a Sensitive Procurement (2) Disclosure: All procurements classified as a Sensitive Procurement require a security background investigation and are subject to all disclosure requirements specified in OAR chapter 177, division 37 and the Solicitation Document, and any other special disclosure requirements deemed necessary by the Director or the Commission. An Offer or Proposal for a Sensitive Procurement must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery. (3) Continuing Disclosure Requirement: Unless otherwise specified in the Contract for a Sensitive Procurement, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change. Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-037-0050 General Procurements (1) General: In all solicitations for a General Procurement, Lottery shall clearly identify the solicitation as a General Procurement. (2) Disclosure: A procurement classified as a General Procurement does not require a security background investigation, unless deemed necessary by the Director or the Commission. (3) Continuing Disclosure Requirement: If a security background investigation is deemed necessary, the Solicitation Document shall include the instructions for disclosure. An Offer or Proposal must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery. Unless otherwise specified in the Contract, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change. Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461 Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440 History: LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06
177-038-0020 Procurement Activity (1) Contracting Authority of Director: By adopting these rules the Commission authorizes the Director to conduct procurements as described in these rules, subject to any limitations set forth in these rules. (2) Delegation by Director: Pursuant to ORS 461.180(7), the Director may delegate to any Lottery employee the authority to exercise or discharge any of the Director’s powers, duties or functions under these Division 38 rules. (3) Commission Approval for Major Procurements: The Director may execute a Contract for a Major Procurement only after the Commission has approved the Award. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, 4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0030 Affirmative Action The Lottery may limit competition on Contracts with an estimated cost of $50,000 or less to carry out affirmative action policies, in accordance with policies and procedures established by the Lottery. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0040 Environmentally Preferable Procurement General Policy In developing work statements, Specifications, or other product descriptions, the Lottery shall consider the purchase of environmentally preferable products or services that comply with the Lottery's corporate social responsibility principles. This includes, but is not limited to, acquiring Goods that are durable, recyclable, reusable, readily biodegradable, energy efficient, made from recycled materials, and nontoxic. In doing so, the Lottery shall purchase Goods and Services based on long-term environmental impacts and operating costs. Furthermore, the Lottery shall first seek to reuse, repair, or refurbish existing equipment and products prior to purchasing new, to the extent reuse is fiscally sound and complements other Lottery safety and sustainability policies. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0050 Offeror Disclosure Requirements The Lottery shall classify each Contract as a Major Procurement, a Sensitive Procurement, or a General Procurement. Each Person entering into a Contract with Lottery must comply with the disclosure requirements applicable to the Lottery’s classification. The disclosure requirements are as follows: (1) General Procurement Disclosure: General Procurement disclosure requirements are specified in OAR 177-037-0050. (2) Sensitive Procurement Disclosure: Sensitive Procurement disclosure requirements are specified in ORS 461.700 and OAR 177-037-0040. (3) Major Procurement Disclosure: Major Procurement disclosure requirements are specified in ORS 461.410, ORS 461.700, and OAR 177-037-0030. Statutory/Other Authority: Oregon Constitution, Article XV, §4(4) & ORS Chapter 461 Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0060 Cooperative Procurement The Lottery may participate in, sponsor, conduct, or administer Cooperative Procurements. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0080 Brand Name or Equal Specification (1) Applicability and Use. Lottery may establish “brand name or equal” Specifications in a solicitation or Solicitation Document in accordance with this Rule. (a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Lottery because the brand name describes the standard of quality, performance, functionality, or other characteristics of the Goods or Services needed by the Lottery. (b) The Lottery is entitled to determine what constitutes Goods or Services that are equal or superior to the Goods or Services specified, and any such determination made according to this section is final. (c) Nothing in this subsection may be construed as prohibiting the Lottery from specifying one or more comparable Goods or Services as examples of the quality, performance, functionality or other characteristics of the Goods or Services needed by the Lottery. (2) Determination. A brand name or equal Specification may be prepared and used only if the Lottery determines that only the identified brand name or equal Specification will meet the needs of the Lottery based on one or more of the following written determinations: (a) That use of a brand name or equal Specification is unlikely to encourage favoritism in the Award of a Contract; (b) That use of a brand name or equal Specification would result in substantial cost savings to the Lottery; or (c) That efficient utilization of existing Goods or Services requires the acquisition of compatible Goods or Services. (3) Lottery may use a brand name or equal Specification in a Small Procurement without complying with subsection (2) of this rule. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0100 Public Notice of Solicitation Documents Notice: The Lottery will provide notice of Solicitation Documents and other notices required or authorized by these Division 38 rules by one or more of the following methods: (1) By publishing notice on the on-line system maintained by the Oregon Department of Administrative Services; (2) By publishing notice on any Lottery electronic procurement system that it may establish and maintain; (3) By placing a notice in a newspaper or trade journal of general circulation in the area where the Goods or Services will be delivered or performed; (4) By giving direct written or electronic notice to potential providers known to the Lottery; or (5) By giving or publishing notice by any other means reasonably determined by the Director under the circumstances to provide sufficient notice to fulfill the purpose and policies of these Division 38 rules. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0110 Modification or Cancellation of Solicitation Process (1) Modification: The Lottery may modify or cancel a Solicitation Document as follows: (a) Modification Issuance: Any changes to the Solicitation Document will be by written Addenda. (b) Addenda Issuance: The Lottery will issue Addenda in the manner described in the Solicitation Document or, if not described in the Solicitation Document, by providing notice in accordance with Section 100 of these Division 38 rules, within a reasonable time before Closing to allow Proposers to consider the Addenda in preparing Bids or Proposals. (c) Extension of Closing: The Lottery may extend Closing if it determines that Proposers need additional time to review and respond to Addenda. (2) Cancellation: At any time before execution of a Contract, the Lottery may cancel a procurement if Lottery determines that it is in the Lottery’s best interests to do so. The Lottery is not liable to any Person or Offeror for any loss or expense resulting from such cancellation. If the Lottery cancels a procurement, the Lottery will document the reasons for the cancellation in its files. If the Lottery cancels a procurement, the Lottery will not return Offers unless explicitly requested by the Offeror. Lottery will retain any Proposal it receives in accordance with applicable law. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0120 Requests for Changes to or Clarification of a Solicitation Document (1) Requests: If provided in the Solicitation Document, the Lottery will accept and consider requests to change, or clarify a Solicitation Document. Each request for change or clarification must include a statement clearly describing the desired change or clarification requested. (2) Submission of Requests to the Lottery: Persons must submit written requests for change or clarification to a Solicitation Document as specified in the Solicitation Document. The Lottery may, but is not required to, consider a request for change or clarification submitted after the applicable submission deadline. (3) Lottery's Response: The Lottery will issue a written response to each request for change or clarification. The Lottery’s written response does not bind Lottery unless the Lottery modifies the Solicitation Document by publishing an Addendum to reflect the response, and to make any associated changes to the Solicitation Document. After issuing a written response, the Lottery may, in its sole discretion, leave the Solicitation Document unchanged, issue an Addendum reflecting Lottery’s disposition of the request for change or clarification, or cancel the procurement. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0130 Late Submission of Bids or Proposals, Modifications, and Withdrawal (1) Late Submission: (a) Any Offer in response to a Solicitation Document received after Closing is late. An Offeror’s request for withdrawal or modification of an Offer in response to a Solicitation Document received after Closing is late. The Lottery shall not consider withdrawals submitted after Closing except as permitted in OAR 177-038-0130(2)(b). (b) An Offer, withdrawal or modification will be considered received by the Lottery as of the earlier of: (A) The date and time stamp affixed to the Offer, withdrawal or modification by Lottery upon its receipt; or (B) The date and time of delivery to Lottery as recorded by the public or commercial carrier that delivered the Offer, withdrawal or modification; provided that Lottery is able to verify to its reasonable satisfaction the accuracy of such record. (2) Bids and Proposals - Modification or Withdrawal: (a) Before Closing: An Offeror may modify or withdraw its Bid or Proposal before Closing by submitting a written Bid or Proposal modification or written Bid or Proposal withdrawal notice to Lottery that includes the signature of Offeror’s authorized representative acknowledging the modification or withdrawal. The signature of Offeror’s authorized representative may be either electronic or handwritten. The last Offer received by the Lottery before Closing will supersede all previous Offers. (b) After Closing: The Lottery may permit an Offeror to withdraw an Offer after Closing based on one or more errors in the Offer only if the Offeror provides a detailed written description of the error to the Lottery and demonstrates to the satisfaction of the Director: (A) Minor Informality: The error is not a Minor Informality as defined in OAR 177-038-0170; (B) Good Faith: The Offeror acted in good faith and without gross negligence in submitting an Offer to the Lottery that contained the error and in claiming that error exists; (C) Substantial Detriment: The Offeror will suffer substantial detriment if the Lottery does not permit the Offeror to withdraw the Offer; (D) Non-Reliance of Lottery: The Lottery has not relied upon the Offer to the Lottery’s detriment such that permitting the Offeror to withdraw the Offer will cause substantial hardship on the Lottery; and (E) Prompt Notice: The Offeror promptly gave notice of the claimed error to the Lottery. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018
177-038-0140 Submission, Receipt, Opening, and Recording of Offers; Confidentiality of Offers (1) Offer Submission: Offeror must submit Offers in response to a procurement in the format specified by the Solicitation Document. All Bids and Proposals are firm Offers and are irrevocable, valid, and binding on the Offeror for not less than sixty Days following Closing unless otherwise specified in the Solicitation Document. (2) Receipt: The Lottery shall electronically or mechanically time-stamp or hand-mark the date and time of receipt of each Offer and any modification received by the Lottery. The Lottery shall not open sealed Offers or any modification upon receipt, but shall maintain it as confidential until Closing. If the Lottery inadvertently opens a sealed Offer or any modification prior to Closing, the Lottery shall reseal and document the circumstances surrounding the inadvertent opening for its files and return the Offer or modification to its confidential state until Closing. (3) Opening: The Lottery does not publicly open Offers. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440 History: LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018