justicedao/ipfs_state_laws huggingface dataset:
291-159-0010 Application (1) Procurements conducted under ORS 179.040 and 279A.050(6)(i): (a) OAR 291-159 rules apply to procurements of goods and services for Oregon Department of Corrections (DOC) institutions conducted under ORS 179.040 and 279A.050(6)(i) except as set forth in subsections (2)(b) and (2)(c) of this rule. (b) For procurements conducted under subsection (1)(a) of this rule, DOC adopts: (A) OAR 137-046-0100 through 137-046-0480 in effect as of January 1, 2023; and (B) OAR 137-047-0000 through 137-047-0810 in effect as of January 1, 2023, with the exception of OAR 137-047-0330 and 137-047-0800. As applied to these procurements, references to OAR 137-047-0330 are replaced by OAR 291-159-0110 and references to OAR 137-047-0800 are replaced by OAR 291-159-0120. (2) Other Procurements: (a) OAR Chapter 291 Division 160 applies to Procurements of Goods and Services for the following programs conducted under ORS 421.438: (A) Prison work and on-the-job training programs; (B) Forest and work camps; (C) Farm and agricultural operations and programs; (D) Food Services Operations and Programs; and (E) Facility or property maintenance operations and programs. (b) OAR Chapter 125 Divisions 246, 247, 248, and 249, apply to: (A) Procurements of Goods and Services for DOC institutions that DOC elects to conduct under OAR 125-247-0288 (Special Procurements; by Rule, including but not limited to client services); (B) Procurements of Goods and Services not otherwise specified in this rule; and (C) Intergovernmental and interagency agreements, but only to the extent they are specifically governed by OAR Chapter 125 Divisions 246, 247, 248, and 249. (c) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services and Related Services. For Procurements of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, and Land Surveying Services and Related Services, DOC adopts OAR Chapter 125 Divisions 246, 247, 248, and 249 in effect as of January 1, 2023. (3) In the event a conflict arises between these Division 159 rules and OAR Chapter 137 Division 46, the conflict will be resolved in the following order of precedence: (a) The Public Contracting Code, ORS 279A, 279B, and 279C; (b) OAR Chapter 291 Division 159; (c) OAR Chapter 137 Division 46. (4) For the convenience of the user, pointer rules pertaining to preferences are found at OAR 291-159-0050 through 291-159-0070. A pointer rule pertaining to protests is found at OAR 291-159-0140. (5) These Division 159 rules apply to Procurements that DOC first advertises or otherwise solicits on or after January 1, 2023, or, if DOC does not advertise or solicit the Procurement, to Contracts that DOC enters into on or after January 1, 2023. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.140(1) & 421.438 Statutes/Other Implemented: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.140(1), 421.438 & 279.030 History: DOC 1-2023, minor correction filed 01/02/2023, effective 01/02/2023 DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0020 Definitions (1) Food Services Operations and Programs: All material, equipment, food products, personal property, used equipment, and Services required for the handling, preparation, delivery, serving, consumption, and storage of food products for DOC’s adult in custody (AIC) population. (2) Independent Contractor: A Person who provides Services to DOC in which DOC neither controls nor has the right to control the means or manner by which work is performed. DOC may control the results of the Services but will not control the means or manner of the Contractor’s performance of the work. (3) The Public Contracting Code and Attorney General’s Model Rules contain general definitions applicable to capitalized terms in these Division 159 rules. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.075 Statutes/Other Implemented: 279A.065, 279A.070 & 279A.075 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0030 Delegation of Authority The DOC Designated Procurement Officer may delegate in Writing, on a case-by-case basis, any Procurement for which DOC has independent statutory Contracting authority to the Oregon Department of Administrative Services (DAS). If DAS accepts a delegation, DAS shall process the delegated Procurement under OAR Chapter 125, Divisions 246, 247, 248, and 249. The DOC Designated Procurement Officer may at any time rescind any Written delegation issued under this rule. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.075 Statutes/Other Implemented: 279A.065, 279A.070 & 279A.075 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0040 Disabled Veteran Preference (1) Generally. DOC may promote goals, policies, or programs for a Disabled Veteran-owned business by giving a preference to a Disabled Veteran-owned business when awarding a Contract. In carrying out this goal, policy, or program, DOC may: (a) Solicit the Contract exclusively to entities owned or controlled by Disabled Veterans; (b) Award the Contract directly to an entity owned or controlled by Disabled Veterans; (c) Use a percentage preference for entities owned or controlled by Disabled Veterans. (2) Application. DOC may apply this preference as follows: (a) For Procurements under OAR 291-159-0010(1)(a): (A) DOC may give this preference for Contracts for Goods and Services estimated not to exceed $150,000; and (B) DOC may give this preference for all other Contract types estimated not to exceed $50,000. (b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0314. (3) The DOC Designated Procurement Officer will make a Written determination supporting application of the preference including the estimation that a Contract will not exceed the applicable dollar thresholds specified in subsection (2) of this rule. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.100(1) Statutes/Other Implemented: 279A.065, 279A.070 & 279A.100(1) History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0050 Resident Bidder Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0310. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0310. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.120 Statutes/Other Implemented: 279A.120 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0060 Oregon Goods or Services Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0300. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0300. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.128 Statutes/Other Implemented: 279A.128 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0070 Recycled Materials Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0320. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0322. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (i) & 279A.125 Statutes/Other Implemented: 279A.125 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0090 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 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, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 Statutes/Other Implemented: 279A.065 & 279A.070 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0100 Fragmentation A Procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 Statutes/Other Implemented: 279A.065 & 279A.070 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0110 Electronic Procurement and Submittals (1) Electronic Procurement and Offers Authorized. (a) DOC may conduct all phases of a Procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DOC specifies in the Written instructions of a Solicitation Document how to participate in the Procurement. (b) DOC shall open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer. (c) DOC may use electronic or digital Signatures in issuing, awarding, or executing any Solicitation, Procurement or Contract. DOC’s use of electronic or digital Signatures shall be consistent with all applicable statutes and rules. (d) If DOC determines that proposal security is or will be required, DOC shall not authorize Electronic Offers unless it has established methods for receipt of such security. (2) Receipt of Electronic Offers. (a) If DOC requires Electronic Offers in a Solicitation Document, the Offeror must submit an Electronic Offer in accordance with the Solicitation Document. DOC shall not consider Electronic Offers unless authorized by the Solicitation Document. (b) When DOC conducts an electronic Procurement, all Electronic Offers must be submitted by the date and time identified in the Solicitation Document. (c) A Person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with the Solicitation Document. (3) Failure of the Electronic Procurement System. In the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Persons to submit Electronic Offers, to protest or to otherwise participate in the Procurement, DOC may cancel the Procurement or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 Statutes/Other Implemented: 279A.065 & 279A.070 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0120 Amendments to Contracts (1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR Chapter 125, Divisions 246, 247, 248, and 249. (2) For Procurements under OAR 291-159-0010(1)(a), DOC may amend a Contract without additional competition in any of the following circumstances: (a) The amendment is within the scope of the Procurement as described in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, or in the absence of any of the preceding, the amendment is within the scope of the Contract. An amendment is not within the scope of the Procurement if DOC determines that if it had described in the Procurement the changes to be made by the amendment, it would likely have increased competition or affected the Award of the Contract. (b) These Division 159 rules otherwise permit DOC to award a Contract without competition for the Goods or Services to be procured under the amendment. (c) The amendment is necessary to comply with a change in law that affects performance of the Contract. (d) The amendment results from renegotiation of the terms and conditions, not exclusive to Contract price, of a Contract and the amendment is advantageous to DOC, subject to all of the following conditions: (A) The Goods or Services to be provided under the amended Contract are the same as the Goods or Services to be provided under the unamended Contract. (B) DOC determines that, with all things considered, the amended Contract is at least as favorable to DOC as the unamended Contract. (C) The amended Contract does not have a total term greater than allowed in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, after combining the initial and extended terms. For example, a one-year Contract described as renewable each year for up to four additional years, may be renegotiated as a two to five-year Contract, but not beyond a total of five years. (3) Contracts from Small or Intermediate Procurements. DOC may amend a Contract awarded as a Small or Intermediate Procurement pursuant to section (2) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or 137-047-0270 for intermediate Procurements. (4) Price Agreements. DOC may amend a Price Agreement as follows: (a) As permitted by the Price Agreement; (b) For Price Agreements subject to ORS Chapter 279B, if the circumstances set forth in ORS 279B.140(2) exist; or (c) As permitted by applicable law. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 Statutes/Other Implemented: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-159-0130 Protests (1) Protests of Solicitation Documents. (a) For Procurements under OAR 291-159-0010(1)(a), see OAR Chapter 137 Division 046. (b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-247-0240, 125-248-0240, or 125-249-0450, as applicable. (2) Protests of Notices of Intent to Award and Contract Awards. (a) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0470. (b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-247-0700 to 125-247-0740. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.120 Statutes/Other Implemented: 279A.120 History: DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0010 Applicability These administrative rules apply to the Oregon Department of Corrections (DOC) procurement of goods and services for the following programs conducted under ORS 421.438: (1) Prison work and on-the-job training programs; (2) Forest and work camps; (3) Farm and agricultural operations and programs; (4) Food Services O perations and P rograms; and (5) Facility or property maintenance operations and programs. 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
291-160-0050 Electronic Procurement and Submittal Process (1) DOC may conduct all phases of a procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DOC specifies in the Written instructions of any Solicitation Document, Request for Qualifications or any other document inviting participation in procurements how to participate in the procurement. (2) DOC shall open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer. (3) DOC may use electronic or digital Si gnatures in issuing, awarding, or executing any solicitation, procurement, or C ontract. DOC’s use of electronic or digital Sig natures shall be consistent with all applicable statutes and rules. (4) If DOC determines that Proposal security is or will be required, DOC shall not authorize Electronic Offers unless it has established methods for receipt of such security. 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 History: DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023
291-160-0060 Public Notice of Solicitation Documents (1) Notice of Solicitation Documents . DOC shall provide public notice of every Solicitation Document in accordance with section (2) of t his rule. DOC may give additional notice using any method it determines appropriate to foster and promote competition, including placing notice on the electronic procurement system approved by the State Chief Procurement Officer. (2) Content of Public Notice. All public notices of Solicitation Documents shall set forth: (a) Where, when, how, and for how long the Solicitation Document may be obtained; (b) A general description of the goods or services to be acquired; (c) The interval between the first date of notice of the Solicitation Document and Closing and Opening which shall not be less than 72 hours unless DOC makes a Written determination that circumstances exist that justify a shorter time period; (d) The name, title, and contact information of the individual authorized by DOC to receive Offers; and (e) Any other information DOC deems appropriate. 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
291-160-0070 Bids or Proposals are Offers (1) Offer and Acceptance. The Bid or Proposal is the Offeror’s Offer to enter into a Contract. (a) In competitive bidding and competitive Proposals, the Offer is always a Firm Offer, i.e., the offer shall be held open by the offeror for DOC’s acceptance for the period specified in the solicitation document. DOC may elect to accept the Offer at any time during the specified period, and DOC’s Award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract at the prices contained in the Offeror’s Offer. (b) Notwithstanding the fact that a competitive Proposal is a Firm Offer for the period specified in the Solicitation Document, DOC may elect to discuss or negotiate certain contractual provisions, as identified in these rules or in the Solicitation Document, with the Offeror. Where negotiation is permitted by the rules or the Solicitation Document, Offerors are obligated to negotiate in good faith and only on those terms or conditions that the rules or the Solicitation Document have reserved for negotiation. (2) Contingent Offers. Except to the extent the Offeror is authorized to propose certain terms and conditions pursuant to the Solicitation Document, an Offeror shall not make its Offer contingent upon DOC’s acceptance of any terms or conditions (including specifications) other than those contained in the Solicitation Document. (3) Offeror's Acknowledgment. By signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. If the Solicitation Document permits Offerors to propose alternative terms or conditions, the Offeror's Offer must include all nonnegotiable or non-negotiated terms and conditions required by the Solicitation Document , any proposed terms and conditions offered for negotiation upon and to the extent accepted by DOC in Writing, and Offeror's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work. 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
291-160-0080 Offer Preparation (1) Instructions. An Offeror shall submit and sign its Offer in accordance with the instructions set forth in the Solicitation Document. An Offeror shall submit any correction or erasure to its Offer prior to Opening in accordance with the requirements as set forth in the Solicitation Document. (2) Forms. An Offeror shall submit its Offer on the form(s) provided in the Solicitation Document, unless an Offeror is otherwise instructed in the Solicitation Document . (3) Documents. An Offeror shall provide DOC with all documents and Descriptive Literature required by the Solicitation D ocument. 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
291-160-0090 Pre-Offer Conferences (1) Purpose. DOC may hold pre-Offer conferences with prospective Offerors prior to Closing, to explain the procurement requirements, obtain information, or to conduct site inspections. (2) Required Attendance. DOC may require attendance at the pre-Offer conference as a condition for making an Offer. (3) Scheduled Ti me. If DOC holds a pre- Offer conference, it shall be held within a reasonable time after the Solicitation Document has been issued, but sufficiently before the Closing to allow Offerors to consider information provided at that conference. (4) Statements not Binding. Statements made by DOC’s representative at the pre-Offer conference do not change the Solicitation Document unless DOC confirms such statements with a Written Addendum to the Solicitation Document. (5) Agency A nnouncement. DOC will set forth notice of any pre- O ffer conference 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
291-160-0100 Offer Submission (1) Product Samples and Descriptive Literature. DOC may require Product Samples or Descriptive Literature if DOC determines either is necessary or desirable to evaluate the quality, features or characteristics of an Offer. DOC will dispose of Product Samples or make them available for the Offeror to retrieve in accordance with the Solicitation Document. (2) Identification of Offers. (a) To ensure proper identification and handling, Offers shall be submitted as follows: (A) For procurements conducted through the electronic procurement system approved by the State Chief Procurement Officer, Offerors shall submit Offers through that system unless otherwise provided in the Solicitation Document. (B) For all other procurements, Offerors shall submit Offers as set forth in the Solicitation Document. (b) DOC is not responsible for Offers submitted in any manner, format, or to any delivery point other than as required in the Solicitation Document or as provided in these Division 160 rules. (3) Receipt of Offers. The Offeror is responsible for ensuring DOC receives its Offer at the required delivery point prior to the Closing, regardless of the method used to submit or transmit 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