justicedao/ipfs_state_laws huggingface dataset:
125-246-0324 Recycling: Food Service and Food Packaging (1) The Department promotes the use of recyclable or biodegradable products for food service and packaging. (2) The five percent (5%) preference in ORS 279A.125(2) must apply to purchases of Recycled Products for food service and packaging that are not paper products. The minimum purchase in ORS 279A.155 of at least thirty-five percent (35%) must apply to purchases of Recycled Products for food service and food packaging that are 100% paper or paper products. (3) Recyclable or Biodegradable Products for food service and packaging will be made available for purchase by Authorized Agencies. (4) Authorized Agencies are required to purchase recyclable or biodegradable food service and packaging products when purchasing supplies. (5) The Department must include a provision in all food service Contracts and extensions to such Contracts, requiring the use of recyclable or biodegradable food service products when such products are readily available, meaning deliverable within thirty (30) days of placement of an order by the food service Contractor to its supplier. This period of time may be less or more, as industry standards for various commodities indicate. (6) The Department must encourage its suppliers to provide biodegradable or Recycled Products as substitutes. (7) The Department must use best efforts to obtain and use biodegradable or Recyclable Products as substitutes for products that are non-biodegradable or non-recyclable. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.125 & 270A.155 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0335 Authority and Standards for Personal Services Contracts (1) Application. For the purposes of this Rule only, "Personal Services" includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. (2) Identification of Personal Services Contracts. (a) According to ORS 279A.140(2)(h), the State Chief Procurement Officer may designate Contracts or classes of Contracts as Personal Services Contracts for the purposes of reporting Personal Services Contracts in accordance with ORS 279A.140 and identifying the appropriate required procedures in accordance with ORS 279A.070 and 279A.140. In the event of uncertainty or disagreement as to the status of any particular Contract or class of Contracts, the State Chief Procurement Officer may determine whether a particular contract is a Personal Services Contract. (b) The Authorized Agency must identify within the Contract that the Authorized Agency is contracting for Personal Services. A failure to adequately describe Personal Services within the Contract will not invalidate the Procurement or Contract if the Authorized Agency properly used a sourcing method according to ORS 279B.055 through 279B.085 or 279C.100 through 279C.125 and substantially followed the related Rules. (3) Contracting Out for Services Provided by Employees. (a) Where the Authorized Agency is contemplating contracting for Work performed by Authorized Agency employees represented by a labor organization, the Authorized Agency must review the relevant collective bargaining agreement to ensure the contract complies with the provisions and, if applicable, the requirements of ORS 279A.140. (b) Whenever the Authorized Agency pays more in a given 12-month period to a Provider under a Personal Services Contract for services historically performed by state employees than would have been paid to the Authorized Agency employee performing the same Work, the Authorized Agency must report that fact, with a justifying statement to the Department. The report must be made at the conclusion of each fiscal year. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.140 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 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 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0353 Reporting Requirements for Personal Services Contracts (1) Application. For the purposes of this Rule only, "Personal Services" includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. (2) The Department maintains for state agencies an electronic reporting system within OregonBuys for reporting Personal Services Contracts. Each state agency that is not exempt from the Public Contracting Code must report in OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer each Personal Services Contract and Amendment. The report must include the state agency name, not-to-exceed amount of the Contract, the name of the Contractor, the duration of the Contract, its basic purpose, and a copy of the Personal Services Contract or Amendment. Whenever a state agency pays more in a calendar year under a Personal Services Contract for services historically performed by state employees than the state agency would have paid to the state agency’s employees performing the same Work, the state agency must so report through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer and include in the report a statement of justification for the greater costs, according to ORS 279A.140(2)(h)(A)(i). (3) The Department must submit a report to the Legislature summarizing state agency Personal Services Contracts. This report must include the name of the state agency, the not-to-exceed amount of the Contracts, the name(s) of Contractor(s), the duration of Contract(s) and the basic purpose of the Contract(s). The report must also include the total dollar figure of all Personal Services Contracts for each fiscal year. (4) The Department maintains an electronic file of Personal Services Contracts report forms for public review. The electronic file includes a justification statement, when applicable, and documentation of the selection process for each Contract. (5) The state agency must keep in the Procurement File all Personal Services Contracts, justification statements, when applicable, documentation of the selection process for each Contract, and the report forms in compliance with OAR 166-300-0015(7) and any other applicable laws. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.140(h)(A) History: 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 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0365 ORS 190 Agreements (Intergovernmental) (1) Reporting 190 Agreements through OregonBuys. A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS 190.112 or under ORS 660.342, must submit a summary of the agreement through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer within the 30-day period immediately following the effective date of the agreement. For the purpose of this Rule only, “state agency” is defined in ORS 190. The summary must include the following information: (a) Names of the parties to the agreement; (b) Date of the agreement; (c) Subject matter of the agreement; and (d) The agency through which a person may obtain a copy of the agreement. (2) Interstate and International Agreements. Following ORS 190, each Agency may enter into Interstate and International Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (3) Tribal Agreements. Following ORS 190, each Agency may enter into Tribal Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (4) Interagency and Intergovernmental Agreements. Following ORS 190, each Agency may enter into Interagency and Intergovernmental Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements. (5) All Interstate, International, Tribal, Interagency and Intergovernmental Agreements, when required, are subject to review and approval by the Attorney General. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 190.110, 190.112, 190.420, 190.485, 279B.085 & 660.342 History: 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 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08
125-246-0500 Electronic Procurement System (OregonBuys) (1) The Electronic Procurement System, known as OregonBuys, an Internet-based, on-line system, is the official publication forum for state Procurement notices and advertisements, as functionality allows, by the Department and all Agencies. (2) All state Agencies must use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer to comply with the reporting requirements for: (a) Personal Services Contracts in accordance with OAR 125-246-0353; (b) Agreements under ORS 190 in accordance with OAR 125-246-0365; and (c) Special Procurements in accordance with OAR 125-247-0287(12). (3) In accordance with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department statewide policy, all State Contracting Agencies, as defined in ORS 279A.010, must use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer, to: (a) Give Timely Notice of the State Contracting Agency’s intent to advertise or solicit Bids or Proposals; and (b) Give Timely Notice when the Contract is awarded. As used in ORS 200.035 and this Rule, “Timely Notice” means at the time the State Contracting Agency advertises or solicits Bids or Proposals and at the time the State Contracting Agency publicly releases the Contract. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065, 279A.070 & 279A.140 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 4-2015, f. 12-29-15, cert. ef. 1-1-16 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 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0555 Contract Administration; General Provisions (1) Authority. Procurements include Contract Administration. The Authority for an Authorized Agency to conduct Contract Administration is found in OAR 125-246-0170, and is subject to the requirements of ORS 279A.159 and OAR 125-246-0140. (2) Contract Administrator. The Authorized Agency must appoint, in Writing, a Contract Administrator to represent the Authorized Agency for each Contract. The Contract Administrator may delegate in Writing a portion of the Contract Administrator's responsibilities to a technical representative for specific day-to-day administrative activities for each Contract, including communications according to OAR 125-246-0635. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070, 279A.140 & 279A.159 History: 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 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0556 Procurement Files (1) Application. This Rule applies to Procurement Files, as defined in OAR 125-246-0110. (2) Required Documentation. All Procurement Files must contain: (a) All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, orders, modifications, or other actions (Actions), related to the documents’ subject matter and Action; (b) An executed Contract, if awarded, and any Ordering Instruments and Amendments (collectively, Contract); (c) The record of the actions used to develop and administer the Contract; (d) A copy of the Solicitation, if any; (e) The Contract Administrator and any delegates; (f) Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 085 (seven methods for Supplies and Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 through 279C.450 (Public Improvements); (g) Documentation of Contract Administration according to OAR 125-246-0555 and if required by the selected procurement method: (A) A list of prospective Providers notified of any Solicitation; (B) The method used to advertise or notify prospective Providers; (C) A copy of each Offer that resulted in the Award of a Contract; (D) The record of any Negotiation of the Statement of Work and results; (E) A record of all material Communications regarding the Solicitation by interested Providers according to OAR 125-246-0635; (F) All information describing how the Provider was selected, including the method and basis for awarding the Contract; (G) A copy of the Request for Special Procurement, if any; (H) Documentation for a Federal Program purchase according to OAR 125-246-0360; and (I) Documentation related to Cooperative Procurements according to OAR 125-246-0400. (3) Time Period. The Agency must maintain Procurement Files, including all documentation, for a period in compliance with OAR 166-300-0015(8) and any other applicable laws. Procurement Files must be made immediately available for review upon the request of the Department. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140 History: 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 6-2008, f. & cert. ef. 7-2-08
125-246-0580 Dispute Resolution Pursuant to ORS 183.502, Authorized Agencies are authorized and encouraged to use alternative dispute resolution (ADR), including collaborative forms of dispute resolution such as mediation, facilitation and collaborative rulemaking. The Attorney General’s Model Rules on ADR are designed to assist Authorized Agencies in the assessment and appropriate use of collaborative ADR, as set forth in the Oregon Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure under the Administrative Procedures Act, October 3, 2001. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0600 Ethics in Public Contracting; Policy These Rules supplement and do not replace ORS 244.010 through 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public Contracting under the Public Contracting Code and these Rules. Oregon Public Contracting is a public trust. The Agencies and Contractors involved in Public Contracting must safeguard this public trust. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0605 Ethics; Selection and Award of Public Contracts (1) Agency officers, employees or agents involved in the process of the selection and award of Public Contracts must carefully review the provisions of ORS 244.040. (2) Agency officers, employees and agents are prohibited from soliciting or receiving Gifts, which means something of economic value given to a public official or the public official’s relative without an exchange of valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, and which is not extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and something of economic value given to a public official or the public official’s relative for valuable consideration less than that required from others who are not public officials. (3) Agency officers, employees and agents are prohibited from using their official position for personal or financial gain. (4) Agency officers, employees and agents are prohibited from using confidential information gained in the course of the screening and selection procedures for personal or financial gain. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0610 Appointments to Advisory Committees The Director, State Chief Procurement Officer, Designated Procurement Officer or a delegatee may appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition pursuant to ORS 279A.015. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0615 Nonretaliation This Rule prohibits retaliation against anyone who complies with the Public Contracting Code and these Rules. Any officer, employee or agent of an Agency or Provider who engages in retaliation action will be subject to Penalties pursuant to ORS 279A.990, 244.350 to 244.400 and related rules. Also, any Provider who engages in a retaliation action may be debarred. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0620 Specifications (1) Agencies and Providers must not develop Specifications that primarily benefit a Provider, directly or indirectly, to the detriment of an Agency or the best interest of the State. (2) Agencies must not develop Specifications that inhibit or tend to discourage Public Contracting with Qualified Rehabilitation Facilities under ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045 where those Specifications inhibit or tend to discourage the acquisition of Oregon Forward-produced Supplies and Services without reasonably promoting the satisfaction of bona fide, practical procurement needs of the Agency. (3) Agencies and Providers must not develop Specifications that inhibit or tend to discourage Public Contracting under other public procurement laws or policies of the Department. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0621 Anti-Trust Laws (1) Authorized Agencies must be generally informed about anti-trust laws and their prohibitions, including the prohibition of any Contract or conspiracy in restraint of trade. Violations of anti-trust laws include but are not limited to the attempt of any Person(s) to monopolize or to conspire with any other Person(s) to monopolize any trade of commerce. (2) Violations of anti-trust laws harm competition and the policies of ORS 279A.015. Also see OAR 125-247-0500, 125-247-0575, 125-249-0370 and 125-249-0390. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 646.725 and 646.730 History: DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
125-246-0625 Sole-Source Authorized Agencies may not select a Sole-Source Procurement pursuant to ORS 279B.075 and avoid a competitive Procurement if the purpose of the selection is to primarily benefit the Provider, directly or indirectly, to the detriment of an Authorized Agency or the best interest of the State. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0630 Fragmentation A Procurement may not be artificially divided or fragmented so as to constitute a Small Procurement, pursuant to ORS 279B.065, or an Intermediate Procurement, pursuant to ORS 279B.070. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279B.065 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0635 Authorized Agency and Provider Communications (1) Research Phase. Authorized Agencies are encouraged to conduct research with Providers who can meet the State's needs. This research includes but is not limited to: meetings, industry presentations, and demonstrations with any Providers that, in the Agency's discretion, may be able to meet an Agency's need. Authorized Agencies must document the items discussed during the research phase of Solicitation development. The research phase ends the day of a Solicitation release or request for a Quote according to an Intermediate Procurement, unless the Solicitation or Intermediate Procurement provides for a different process that permits on-going research. (2) Solicitation and Contracting Phase. Any communication between an Authorized Agency and Providers regarding a Solicitation, that occurs after the Solicitation release or request for a Quote and before the Award of a Contract, must only be made within the context of the Solicitation Document or Intermediate Procurement requirements (Communication). This Communication may allow for Discussions, Negotiations, Addenda, Providers' questions, and the Agency's answers to Providers' questions about terms and conditions, Specifications, Amendments, or related matters. During this phase, telephone conversations and meetings must be documented in the Procurement File. Written inquiries regarding the Solicitation should be responded to by the Authorized Agency in Writing. A record of all material Communications regarding the Solicitation by interested Providers must be made a part of the Procurement File according to OAR 125-246-0556. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140 History: DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05