177-038-0010 Application and General Policy (1) Purpose: The purpose of these Chapter 177, Division 038 rules is to provide a framework for the Lottery’s procurement processes. These Division 038 rules apply to the Lottery’s procurement of Goods and Services in accordance with ORS 461.440. The intent of these rules is to establish procurement processes and practices that are consistent with policies set forth in ORS 461.400 and ORS 461.440, protect the interests of the Lottery, and promote fairness in contracting with the business community, including processes and practices that: (a) To the extent reasonable, promote open competitive procurement; (b) Take into account the particularly sensitive nature of the state lottery, and promote fairness, integrity, security, and honesty in the operation and administration of the Lottery and the objective of raising net revenues for the benefit of the public purposes described in Section 4, Article XV of the Constitution of the State of Oregon; (c) Establish vendor responsibility; (d) Promote participation of State certified minority owned, women owned, service disabled veteran owned businesses, and emerging small businesses; (e) Promote sustainability measures; and (f) Promote any other policies or directives set forth in Article XV, Section 4 of the Oregon Constitution, or in ORS Chapter 461. (2) Exceptions: The following types of Contracts are not subject to the source selection methods set forth in these Division 38 rules, and the Lottery may enter into Contracts for the types of Goods and Services described below by any method the Lottery determines is reasonable in the circumstances, including by direct Award and negotiation: (a) Contracts between the Lottery and a state agency or local government of this or another state, with the United States or a United States governmental agency, with an American Indian tribe or an agency of an American Indian tribe, or with a nation or a public agency in any nation other than the United States as permitted in ORS Chapter 190; (b) Contracts between the Lottery and State of Oregon Correction Enterprises consistent with the Oregon Constitution, Article 1, Section 41, Subsection 11; (c) Contracts for which the rates are set by law or ordinance. (3) Reservation of Rights: Except as set forth in ORS 461.120, the Lottery is exempt from the provisions of ORS Chapters 279A, 279B and 279C, which govern public contracting and procurement, the Lottery reserves the right to consult the following as guidance in making procurement decisions: (a) ORS Chapters 279A, 279B and 279C; (b) The Attorney General’s Model Public Contract Rules (OAR Chapter 137, Divisions 46, 47, 48, and 49); (c) The Public Contracting Rules established by the Oregon Department of Administrative Services (OAR Chapter 125, Divisions 246, 247, 248, and 249); (d) Any written opinions issued by the courts of the State of Oregon interpreting any of the foregoing; and (e) The provisions set forth in the foregoing statutes, administrative rules, and interpretations thereof are not binding on the Lottery, but the Lottery may refer to such statutes, administrative rules, and interpretations for guidance in the interpretation and administration of procurements subject to these Division 38 rules. The Lottery will document in the procurement file the extent to which it relied on the foregoing statutes, administrative rules, or interpretations as guidance for its decisions related to 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