justicedao/ipfs_state_laws huggingface dataset:
291-160-0110 Addenda to Solicitation Document (1) Issuance; Receipt. DOC may change a Solicitation Document only by Written Addenda. An Offeror shall provide Written acknowledgment of receipt of all issued Addenda with its Offer, unless DOC otherwise specifies in the Addenda. (2) Notice and Distribution. DOC shall notify prospective Offerors of Addenda in a manner intended to foster competition and to make prospective Offerors aware of the Addenda. The Solicitation Document shall specify how DOC will provide notice of Addenda and how DOC will make the Addenda available before Closing. (3) Timelines; Extensions. DOC shall issue Addenda within a reasonable time to allow prospective Offerors to consider the Addenda in preparing their Offers. DOC may extend the Closing if DOC determines prospective offerors need additional time to review and respond to Addenda. (4) Request for Change. Unless a different deadline is set forth in the Addendum, an Offeror may submit a Written request for change to the Addendum by the close of the DOC’s next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change as set forth in the Solicitation Document, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving changes to the Solicitation Document as set forth in the Solicitation Document, then DOC may consider an Offeror's request for change to the Addendum only, and DOC shall not consider a request for change to matters not added or modified by the Addendum. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0120 Pre-Closing Modification or Withdrawal of Offers (1) Modifications. An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall prepare and submit any modification to its Offer to DOC in accordance with OAR 291-160-0080 and 291-160-0100 and in accordance with the requirements as set forth in the Solicitation Document. (2) Withdrawals. An Offeror may withdraw its Offer in Writing prior to Closing. An Offeror must submit any withdrawal of its Offer prior to Closing in accordance with the requirements as set forth in the Solicitation Document. (3) Documentation. DOC shall include all documents relating to the modification or withdrawal of Offers in the appropriate procurement file. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0130 Late Offers, Late Withdrawals and Late Modifications Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. DOC shall not consider late Offers, withdrawals or modifications except as permitted in OAR 291-160-0140. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0150 Receipt; Confidentiality of Offers DOC shall electronically or mechanically timestamp or hand-mark each Offer and any modification upon receipt. DOC shall not open the Offer or modification upon receipt but shall maintain it as confidential and secure until Opening. If DOC inadvertently opens an Offer or a modification prior to the Opening, DOC shall return the Offer or modification to its secure and confidential state until Opening. DOC shall document the resealing for the procurement file ( e.g., “DOC inadvertently opened the Offer due to improper identification of the Offer.”). Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0160 Electronic Opening and Tiebreaker Processes For any procurement conducted under these rules, DOC may elect to not hold Openings or tiebreaker events in-person. DOC, in its sole discretion and in lieu of an in-person Opening or tiebreaker event, may provide electronic options for viewing Opening or tiebreaker events, including, but not limited to, “real time” Microsoft Teams, or any other virtual electronic media available for the Opening or tiebreaker event. To the extent practicable, DOC will publish electronic Openings or tiebreaker events in the Solicitation Document or as an Addendum on the electronic procurement system approved by the State Chief Procurement Officer, or will directly notify Offerors in standing using other means available to DOC, or both. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0170 Time for Agency Acceptance An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than 30 calendar days following Closing unless otherwise specified in the Solicitation Document. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0180 Extension of Time for Acceptance of Offer DOC may request, orally or in Writing, that Offerors extend, in Writing, the time during which DOC may consider their Offer(s). If an Offeror agrees to such extension, the Offer shall continue as a Firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0220 Rejection of an Offer (1) DOC may reject any Offer in whole or in part when the rejection is in the best interest of DOC as determined by DOC. The reasons for the rejection must be made a part of the procurement file. (2) DOC shall reject an Offer upon DOC’s finding that the Offer: (a) Is contingent on the DOC’s acceptance of terms and conditions (including specifications) that differ from the Solicitation Document; (b) Takes exception to terms and conditions (including specifications) set forth in the Solicitation Document; (c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation Document or in contravention of applicable law; (d) Offers goods or services that fail to meet the specifications of the Solicitation Document; (e) Is late; (f) Is not in substantial compliance with the Solicitation Document; or (g) Is not in substantial compliance with all prescribed public procurement procedures. (3) DOC shall reject an Offer upon DOC’s finding that the Offeror: (a) Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document; or (b) Is non-Responsible. See OAR 291-160-0190. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0230 Rejection of All Offers (1) Rejection. DOC, in its sole discretion, may reject all Offers in whole or in part when the rejection is in the best interest of DOC as determined by DOC. DOC shall notify all Offerors of the rejection of all Offers, along with the reasons for rejection of all Offers. The reasons for the rejection must be made part of the procurement file. (2) Criteria. DOC may reject all Offers based upon the following criteria: (a) The content of or an error in the Solicitation Document, or the procurement process unnecessarily restricted competition for the Contract; (b) The price, quality or performance presented by the Offerors are too costly or of insufficient quality to justify acceptance of any Offer, or if the Offerors’ timing of performance does not meet DOC’s desired time-frame; (c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process; (d) Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, those that tend to limit competition, such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the Solicitation Document; (e) DOC cancels the procurement or solicitation in accordance with OAR 291-160-0240; or (f) Any other circumstance indicating that awarding the Contract would not be Advantageous to DOC. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0240 Cancellation of Procurement or Solicitation (1) Cancellation in DOC’s Interest. DOC, in its sole discretion, may cancel a procurement or solicitation in whole or in part when the cancellation is in the best interest of DOC as determined by DOC. The reasons for the cancellation must be made a part of the procurement file. (2) Notice of Cancellation Before Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall provide Written notice of cancellation in the same manner that DOC initially provided notice of the solicitation. Such notice of cancellation shall: (a) Identify the Solicitation Document; (b) Briefly explain the reason for cancellation; and (c) If appropriate, explain that an opportunity will be given to compete on any re-solicitation. (3) Notice of Cancellation After Opening. If DOC cancels a procurement or solicitation after opening, DOC shall provide Written notice of cancellation to all Offerors who submitted Offers. (4) Disposition of Offers. (a) Prior to Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall return all Offers it received to Offerors unopened, provided the Offeror submitted its Offer in a hard copy format with a clearly visible return address. If there is no return address on the envelope, DOC shall open the Offer to determine the source and then return it to the Offeror. For Electronic Offers, DOC shall delete the Offers from any electronic procurement system approved by the State Chief Procurement Officer or DOC information technology system. (b) After Opening. If DOC cancels a procurement or solicitation after Opening, DOC: (A) May return Proposals; and (B) Shall keep Bids in the procurement file. (c) Rejection of All Offers. If DOC rejects all Offers, DOC shall keep all Proposals and Bids in the procurement file. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0250 Notice of Intent to Award (1) Notice of Intent to Award. DOC may provide Written notice of its intent to award to all Offerors at least seven calendar days before the Award of a Contract, unless DOC determines that circumstances justify prompt execution of the Contract, in which case DOC may provide a shorter notice period. DOC shall document the specific reasons for the shorter notice period in the procurement file. (2) Finality. DOC’s Award shall be final. (3) This rule does not apply to Contracts awarded as an Opportunity Buy, sole-source procurement, or specialty procurements. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0260 Documentation of Award (1) Basis of Award. After Award, DOC shall make a record showing the basis for determining the successful Offeror part of DOC’s procurement file. (2) Contents of Award Record. DOC’s record shall include: (a) For Bids: (A) Bids; (B) Completed Bid tabulation sheet; and (C) Written justification for any rejection of lower Bids. (b) For Proposals: (A) Proposals; (B) The completed evaluation of the Proposals; (C) Written justification for any rejection of higher scoring Proposals. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0270 Availability of Award Decisions (1) Contract Documents. To the extent required by the Solicitation Document, DOC shall deliver to the successful Offeror a Contract, Signed purchase order, Price Agreement, or other Contract document(s) as applicable. (2) Availability of Award Decisions. A person may obtain tabulations of Awarded Bids or evaluation summaries through the electronic procurement system approved by the State Chief Procurement Officer. (3) Availability of Procurement Files. After notice of intent to Award, DOC shall make procurement files available in accordance with applicable law. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0280 Small Procurements (1) Generally. DOC may award a Contract as a small procurement with limited competitive process for goods or services less than or equal to $150,000 as provided in this rule. (2) Amendments. DOC may amend a Contract awarded as a small procurement; however, the cumulative amendments to a Contract may not increase the total Contract Price to greater than $150,000, with the exception of renegotiated Contracts under OAR 291-160-0320(1). (3) Small Procurements by Type. (a) For goods or services that are equal to or less than $50,000, DOC may directly award a Contract. (b) For goods or services that are more than $50,000 but less than $150,000, DOC may obtain three informal quotes. If three quotes are not reasonably available, fewer will suffice, but DOC shall make a written record of the effort made to obtain the quotes. If DOC awards a Contract, DOC shall award the Contract to the Offeror whose quote is most Advantageous to DOC. (c) If the anticipated purchase exceeds $10,000 and a competitive process is used, DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0290 Sole-source Procurements (1) Generally. DOC may Award a Contract in any dollar amount without competition as a sole-source procurement. (2) Public Notice. If DOC determines that it may enter into a Contract as a sole-source, DOC shall give public notice of its determination that the goods or services or class of goods or services are available from only one source. DOC shall publish such notice in accordance with OAR 291-160-0060. The public notice shall describe the goods or services to be acquired by a sole-source procurement and identify the prospective Contractor. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0300 Emergency Procurements DOC may Award a Contract for any dollar amount as an Emergency procurement. When an Emergency procurement is authorized, the procurement shall be made with competition that is reasonable and appropriate under the circumstances. DOC shall document in its procurement file the nature of the Emergency and describe the method used for the selection of the particular Contractor. Nothing in this rule waives the Department of Justice legal sufficiency review, if applicable, under ORS 291.047. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0310 Opportunity Buys (1) DOC may procure goods without a competitive process as an “Opportunity Buy” as set forth in this rule. (2) DOC may procure goods up to $150,000.00 as an Opportunity Buy when all of the following conditions are present: (a) The proposed unit price of the item(s) to be purchased is significantly less than a comparable item's price on an existing DOC mandatory use Contract or any recent Bid and the amount saved exceeds any additional administrative costs incurred to purchase the goods; (b) The goods being purchased have limited availability ( i.e. , the goods may no longer be available upon completion of normal Bid processes); (c) The purchase does not jeopardize fulfillment of a guaranteed minimum volume under an existing DOC mandatory use Contract; and (d) The Director or designee approves the Opportunity Buy in Writing and documents the approval in the Contract file, if over $50,000. (3) Documentation. (a) DOC must ensure that all Opportunity Buy Contracts are in Writing. (b) DOC must document in its procurement file: (A) The Contract or Bid pricing used for comparison; or (B) The last purchase price or current market price of the same or similar goods currently being purchased. (4) DOC may not cancel a solicitation that has been released to the public in order to take advantage of an Opportunity Buy for the same goods. (5) Nothing in this rule waives the Department of Justice legal sufficiency review, if applicable, under ORS 291.047. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0330 Alternative Procurement Methods (1) DOC may use an alternative procurement method if DOC determines that method will be more likely to: (a) Achieve the specific business objective or business objectives of the procurement; or (b) Aid the Director of DOC in fulfilling the statutory mandate to operate and administer DOC. (2) Alternative procurement methods may include, but are not limited to, specialized vendor prequalification, multistep Bids or Proposals, single proposer negotiations, competitive negotiations between two or more proposers, and cooperative procurements. DOC shall conduct the alternative procurement method in accordance with the process set forth in the applicable Solicitation Document, if any. (3) If DOC uses an alternative procurement method, DOC must document in the procurement file which alternative method was selected and why the alternative method was selected. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0340 Brand Name or Equivalent Specifications (1) Brand Name: DOC may specify a brand name or equal specification when, in DOC’s sole determination, the use of a brand name or equal specification is Advantageous to DOC because a brand name or equivalent describes the standard of quality, performance, functionality and other characteristics of a product needed by DOC. (2) DOC’s determination of when to use a brand name or equivalent specification, or what constitutes a product that is equal or superior to a product specified, is final. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0350 Independent Contractor Status for Services Contracts (1) DOC will contract for services with Persons who are Independent Contractors. (2) DOC will develop a statement of work for services that will not result in an employee relationship with the potential Contractor. (3) An Independent Contractor certification shall be completed for each Independent Contractor and will be included as a provision in each Contract. (4) If the nature of the services or project is such that an employee/employer relationship exists or will likely exist, DOC will hire the individual through normal personnel procedures. (5) All Contracts shall include the Independent Contractor’s legal name and address. The Contractor shall provide to DOC its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable. (6) All Contracts shall provide that the Independent Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the Contract payment. (7) Violation of this administrative rule may result in DOC withdrawing an intent to Award a Contract, or termination of an existing Contract. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0360 Contract Administration; General Provisions (1) Contract Administrator. DOC may appoint, in Writing, a Contract administrator as an DOC representative 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. (2) Documentation Requirements. Contract Administration documentation and level of detail should be directly related to the dollar value and risk of the procurement. Documentation of Contract Administration is a part of the procurement file, whether maintained with the procurement file or at a separate location. Contract Administration documentation must include: (a) An executed Contract, if maintained separate from the procurement file; (b) The record of the actions used to administer the Contract; (c) Contact information for the Contractor; (d) The name and contact information for the Contract administrator and any technical representative delegates, together with a description of duties delegated to any technical representative; (e) All executed amendments; (f) Claims related to the Contract; (g) Release of claims documents; and (h) Copies of invoices, project status reports, receiving records and Contract close-out documents, as applicable. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0380 Termination of Price Agreements DOC may terminate a Price Agreement as follows: (1) As permitted by the Price Agreement; (2) If DOC fails to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operating authority, sufficient, as determined in the discretion of DOC, to sustain purchases at the levels contemplated at the time of contracting; (3) Due to any change in law, program termination, or facility closure that makes purchases under the Price Agreement no longer authorized or appropriate for DOC’s use; or (4) As otherwise permitted by applicable law. Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023