justicedao/ipfs_state_laws huggingface dataset:
177-038-0150 Offer Evaluation; Clarification of Offers; Award (1) Evaluation: The Lottery will evaluate Offers using the process and criteria specified in the Solicitation Document. (2) Clarification of Offers: The Lottery may contact Offerors after Closing for clarification of Offers to facilitate the Lottery’s full understanding of the Offers. The Lottery will document in the procurement file all Offer clarifications obtained. (3) Award Based on Bids or Proposals: (a) Award Based on Bids: Unless otherwise specified in the Invitation to Bid, the Lottery will issue an Award to the Responsible Bidder who has submitted a Responsive Bid that includes the lowest Contract cost to the Lottery and that otherwise complies with these Division 38 rules. (b) Award Based on Proposals: Unless otherwise specified in the Request for Proposals, the Lottery will issue an Award to the Responsible Proposer whom the Lottery has determined, according to the criteria specified in the Request for Proposals, is the best qualified Proposer to perform the Contract and whose Proposal is Responsive and otherwise complies with these Division 38 rules. (c) Multiple Awards: The Lottery may issue multiple Awards from one Invitation to Bid or Request for Proposals according to the criteria specified in the Solicitation Document. (d) Partial Awards: The Lottery may issue an Award for only a portion of the Goods or Services specified in a Solicitation Document according to the criteria specified in the Solicitation Document. 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
177-038-0160 Bid and Proposal Rejection Bid and Proposal Rejection: The Lottery may at any time reject all Offers provided in response to a Solicitation Document if the Lottery determines that it is in the Lottery’s best interest to do so and may reject individual Offers upon the Lottery's finding that the Offer: (1) Contingent: Is contingent upon the Lottery's acceptance of terms and conditions (including Specifications) that differ from those specified in the Solicitation Document; (2) Exceptions: Takes exceptions to terms and conditions (including Specifications) specified in the Solicitation Document; (3) Non Responsive: Is not Responsive because: (a) The Offer offers Goods or Services that fail to meet the Specifications; (b) The Offer offers Goods or Services that otherwise fail to meet the requirements of the Solicitation Document; (c) The Offer is submitted after Closing; or (d) The Offer is otherwise not Responsive to the terms of the Solicitation Document. 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
177-038-0170 Minor Informalities (1) General: The Lottery may accept Offers that contain, or allow an Offeror to correct an Offer that contains, Minor Informalities. (2) Examples: Minor Informalities include errors in form rather than substance and errors in an Offer that can be overlooked or corrected without prejudice to other Offerors. Minor Informalities do not cause an Offer to be non-Responsive. Examples of Minor Informalities include, but are not limited to: (a) Incorrect Number of Copies: The Offeror failed to submit the correct number of signed Offers or the correct number of other documents required by the Solicitation Document; (b) Signature Errors: The Offeror failed to sign the Offer in the designated block, provided that an authorized signature appears elsewhere in the Offer as evidence of Offeror’s intent to be bound; (c) Failure to Acknowledge: The Offeror failed to acknowledge receipt of an Addendum to the Solicitation Document. Provided that it is evident on the face of the Offer, or the Lottery has written evidence, that the Offeror received the Addendum and intends to be bound by its terms; or (d) Clerical Errors: Clerical errors that are evident within the Offer, including typographical errors, errors in extending unit prices, math errors, and instances in which the intended correct unit or amount is evident by simple arithmetic calculations. If a specified unit price, when extended, does not equal the specified extended price, then Lottery shall use the specified unit price for purposes of extended price determination. 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
177-038-0190 Cancellation of a Solicitation Document, Offer, or Award Lottery may cancel a procurement, or may reject all Offers when the cancellation or rejection is in the best interest of the Lottery as determined by the Lottery. The reasons for the cancellation or rejection must be made a part of the procurement file. The Lottery is not liable to any Offeror for any loss or expense caused by or resulting from the cancellation of a Solicitation Document, or the rejection of any or all 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
177-038-0200 Identical Bids; Preference for Oregon Goods and Services (1) Award When Bids are Identical: If the Lottery receives Bids that the Lottery determines are identical in Price (“Identical Bids”), and chooses to issue an Award, the Lottery will issue the Award based on the following order of precedence: (a) Oregon Bidder: The Lottery will issue an Award to the Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon. If the Lottery receives Identical Bids from more than one Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon, the Lottery will issue an Award by drawing lots from among those Bidders offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon that submitted the Identical Bids. (b) COBID Certified Bidders: The Lottery will issue an Award to a Certification Office for Business Inclusion and Diversity (COBID) certified Minority, Women, Emerging Small Business (MWESB) or service disabled veteran owned business. If multiple COBID certified Bidders exist, the Lottery will issue an Award by drawing lots from among those COBID certified Bidders who submitted the identical Bids. (c) No Applicable Preferences: If the Lottery receives Identical Bids, and none of the Identical Bids include Goods manufactured in Oregon or a Bidder with a main corporate office or primary business location in Oregon, and none of the Bidders are COBID certified Bidders, then the Lottery will issue an Award by drawing lots from among Bidders that submitted the Identical Bids. (2) Procedure for Drawing Lots: When these Division 38 rules require the drawing of lots, the Lottery will provide notice of the date, time, and location of the drawing of lots to Bidders who submitted Identical Bids. These Bidders may attend the drawing. The Lottery will draw lots by a procedure that affords each Bidder subject to the drawing a substantially equal probability of selection and that does not allow the person making the selection the opportunity to manipulate the drawing to increase the probability of selecting one Bidder over any other Bidder. 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
177-038-0210 Award Notice If the Lottery chooses to issue an Award following issuance of a Solicitation Document and its review and evaluation of Proposals received in response to a Large Procurement, the Lottery will provide a written notice to all Offerors who submitted an Offer in response to that Solicitation Document that identifies the Contractor or Contractors to whom Lottery intends to Award a Contract. 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
177-038-0230 Negotiations Following Closing, the Lottery may negotiate any Contract terms or conditions with any Offeror if the Lottery determines that negotiation is in the Lottery’s best interests. 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
177-038-0240 Contract Amendments (1) Generally: The Lottery may amend a Contract if the Lottery determines that it is in the Lottery’s best interests to do so, subject to the following: (a) Scope: The amended Contract is within the scope and attributes of the Goods and Services described in the Solicitation Document, or if no Solicitation Document was issued for the Contract, consistent with the authority under which the Contract was formed; and (b) Favorability: The Lottery determines that, with all things considered, the amended Contract is at least as favorable to the Lottery as the original Contract. (2) Small or Intermediate Contract Amendments: The cumulative amendments to a Contract arising out of a Small Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Small Procurement under OAR 177-038-0070(5)(a) unless the Senior Procurement Manager approves in writing a greater amount. The cumulative amendments to a Contract arising out of an Intermediate Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Contract arising out of an Intermediate Procurement under OAR 177-038-0070(5)(b) unless the Senior Procurement Manager approves in writing a greater amount. 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
177-038-0250 Performance Security For each Major Procurement Contractor shall deliver performance security to the Lottery of the type, in the amount and by the date specified in the Contract, pursuant to ORS 461.430. Performance security must be issued or held by a surety, financial institution, insurer, escrow agent, or other entity or individual authorized to conduct business in Oregon, and acceptable to the Commission, and may include, but is not limited to, a performance bond, an irrevocable letter of credit, a certified check, or cash. 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
177-040-0005 Criteria Precluding Entering Into a Contract The Lottery will not enter into a retailer contract when an applicant: (1) Age: Is under 18 years of age for a traditional Lottery retailer contract or under 21 years of age for a Video LotterySM retailer contract. (2) Exclusivity: Will be engaged exclusively in the business of selling Lottery tickets or shares. (3) Lottery Employee: Is an employee of the Lottery. (4) Supplier/Manufacturer: Is or will be owned or controlled by any entity or any subsidiary or parent corporation thereof, that is a supplier of instant tickets or a manufacturer of computer equipment used to determine winners in Lottery games. (5) Unauthorized Entity: Is a corporation or other form of business that is not incorporated in Oregon or is a person, a partnership, a corporation, or other form of business that is not authorized to work or to do business in Oregon. (6) Smoking: Operates a business where selling Lottery tickets or shares would expose Oregon State Lottery employees, representatives, or agents, or Lottery equipment, terminals, tickets, or shares to a smoking environment, as defined in OAR 177-045-0000. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461 History: LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17 LOTT 2-2011, f. 4-29-11, cert. ef. 5-1-11 LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09 LOTT 22-2002, f. & cert.. ef. 11-25-02 LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00 LOTT 2-1998, f. & cert. ef. 5-28-98 LC 4-1990, f. & cert. ef. 4-3-90 SLC 3-1985(Temp), f. & cert. ef. 1-15-85 SLC 8-1985, f. & cert. ef. 6-21-85
177-040-0026 Retailer Compensation — Video Lottery Games (1) General: The compensation the Lottery shall pay a retailer for the sale of Video Lottery game shares is calculated on a percentage of dollars played during a business year. “Dollars played” means the amount wagered on Video Lottery games at a retailer’s premises. (2) Compensation When Dollars Played Exceeds Tier Threshold: During the course of a business year, when a Video Lottery retailer’s dollars played exceeds the threshold of a tier applicable to the retailer under this rule, the Video Lottery compensation rate shall remain unchanged for the remainder of the business day on which the threshold is exceeded. The compensation rate for that tier, as set forth in this rule shall apply at the start of the next business day. For example, under section (4) of this rule on Wednesday the dollars played reaches $2,250,001, the retailer is compensated at 2.20 percent of the dollars played for the remainder of the business day. At 5:00 a.m. on the next day, Thursday, which is the start of the next business day, the compensation rate is reduced to 1.75 percent of dollars played. (3) Applicability: The compensation rates for the sale of Video Lottery game shares set forth in this rule apply to compensation for the sale of shares on all Video Lottery game terminals at all Video Lottery retailers effective as of the start of the business day beginning June 28, 2020. (4) Compensation: 4-Tier Compensation: Dollars Played per Year – Compensation/Percent of Dollars Played: (a) Up to $2,250,000 – 2.20% (b) $2,250,000.01 to 4,000,000 – 1.75% (c) $4,000,000.01 to 6,500,000 – 1.50% (d) $6,500,000.01 and up – 1.34% Statutory/Other Authority: OR Const. Art. XV § 4(4)(a) & ORS 461.120, 461.260, 461.300 Statutes/Other Implemented: OR Const. Art. XV § 4 & ORS 461.120, 461.260, 461.300, 461.310, 461.445 History: LOTT 4-2020, amend filed 06/04/2020, effective 06/28/2020 LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17 LOTT 7-2010, f. 6-21-10, cert. ef. 7-27-10 LOTT 1-2006, f. & cert. ef. 1-25-06 LOTT 14-2005(Temp), f. & cert. ef. 11-23-05 thru 5-1-06 Reverted to LOTT 1-2005, f. 4-11-05, cert. ef. 7-31-05 LOTT 6-2005(Temp), f. 7-27-05, cert. ef. 7-31-05 thru 8-1-05 LOTT 1-2005, f. 4-11-05, cert. ef. 7-31-05 LOTT 4-2005(Temp), f. & cert. ef. 5-10-05 thru 7-30-05 LOTT 4-2004(Temp), f. 4-6-04, cert. ef. 6-27-04 thru 12-23-04 LOTT 8-2004, f. 5-26-04, cert. ef. 5-27-04
177-040-0030 Retailer Cash Deposit or Bond If the Director has reason to believe an applicant or retailer may not be financially sound, the Director may require a Lottery retailer to post: (1) Irrevocable Letter of Credit: A $5,000 irrevocable letter of credit issued by a banking institution as defined in ORS 706.008(4); or (2) Bond: A $5,000 bond issued by a surety company or companies holding a certificate of authority to transact surety business in the State of Oregon and approved by the Director. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09 LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LC 9-1992, f. & cert. ef. 8-26-92
177-040-0105 Change Location (1) Any time a Lottery retailer moves its existing business to new premises, the retailer must receive approval from the Lottery before moving the sale of Lottery tickets or shares to the new location. (2) For a change in location to be approved, the new premises must meet all requirements necessary for operation as a Lottery retailer. (3) If the Lottery retailer is changing the nature of the business, the Director may terminate the existing retailer contract and require the retailer to apply for a new retailer contract. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461 History: LOTT 22-2005, f. 12-21-05, cert. ef. 12-31-05 LOTT 22-2002, f. & cert. ef. 11-25-02 LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0110 Contract Non-Transferable A Lottery retailer contract does not have value, and cannot be sold, transferred, or assigned. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0115 Underage Seller No one under the age of 18 may sell Lottery tickets or shares. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0120 Subsequent Application When a retailer contract is terminated for any reason, the retailer, or an applicant that is similar to the retailer whose contract was terminated, will be required to wait one year to reapply for a retailer contract. In the Director’s sole discretion, the Director may waive all or a portion of the one-year requirement based upon a showing of good cause by the applicant. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0125 Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person When the Director determines that an applicant does not qualify as a key person, that is grounds for termination of the retailer contract associated with the applicant. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0130 Adding a Location An existing Lottery retailer may apply for and may receive approval for a contract for an additional location prior to that site being open to the public. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17 LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
177-040-0160 Suspension of OLCC License (1) General: Any Lottery retailer whose liquor license has been suspended by the Oregon Liquor and Cannabis Commission (OLCC) must immediately notify the Lottery of the suspension. (2) Disabling Equipment: The Director shall disable all video lottery terminals in a retailer’s establishment during the period that the OLCC has suspended the retailer’s liquor license. Notwithstanding the term of the OLCC suspension, the Director may keep the video lottery terminals disabled during the Lottery Security investigation required by section (3) of this rule. The Director may also suspend the sale of all non-video Lottery tickets and shares and suspend all transactions on the retailer’s computer link to the Lottery, disabling the retailer’s ability to validate tickets and shares. (3) Lottery Investigation: The Director shall initiate an investigation by Lottery Security of the suspension of a video Lottery retailer’s liquor license. The Director may initiate an investigation by Lottery Security of the suspension of a traditional Lottery retailer’s liquor license. Lottery Security will report the results of the investigation to the Director. The Director will review the findings of that investigation and the circumstances underlying the suspension by the OLCC. The Director will make a determination whether the findings of the investigation and the circumstances underlying the suspension will result in sanctions under the retailer contract, up to and including immediate termination of the contract. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 12-2021, minor correction filed 08/02/2021, effective 08/02/2021 LOTT 5-2006, f. 4-26-06, cert. ef. 4-27-06 LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00, Renumbered from 177-100-0103 LC 6-1993, f. & cert. ef. 7-2-93
177-040-0180 Notice Requirement Lottery retailers who offer video Lottery games must post in a conspicuous place on the retailer’s premises at least one copy of a notice containing information concerning compulsive gambling. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03 LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00, Renumbered from 177-100-0125 LC 8-1991, f. & cert. ef. 11-25-91
177-040-0200 Lottery Retailer Second Chance Drawings Lottery retailers are prohibited from conducting second chance drawings for prizes which require the use of a non-winning Oregon Lottery® ticket or share as an entry into a drawing conducted or operated by the retailer. Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.200 History: LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13 LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13 LOTT 14-2001, f. & cert. ef. 12-3-01 LOTT 12-2001(Temp), f. & cert. ef. 9-12-01 thru 3-7-02