justicedao/ipfs_state_laws huggingface dataset:
125-246-0800 Selling or Leasing Supplies and Services; Policy; Applicability; Methods (1) Policy. A sound and responsive Public Contracting system, according to ORS 279A.015, may include purchasing, selling, and leasing activities. By definition, a Public Contract includes sales and leases by Agencies according to ORS 279A.010(1)(z). The policies of ORS 279A.015 apply to public selling and leasing activities. (2) Applicability. This Rule applies to the sales and leases of Supplies and Services. This Rule does not apply to residential property or the public selling activity of Agencies specifically exempted from the Public Contracting Code by another provision of law or specifically authorized to conduct public selling or leasing activity by another provision of law. The sale or lease of Supplies and Services includes but is not limited to: concessions, software rights, and personal property. (3) Methods. Agencies must use a method, as feasible for selling or leasing, according to ORS 279B.055 through 279B.085. For the sale of Goods, the value of the sale transactions for the purpose of selecting the appropriate sourcing method must be based on the gross amount of receipts. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.010(x), 279A.015, 279A.050(1)(2), 279A.065(5)(a) & 279A.070 History: DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0900 Penalties (1) Any violation of ORS 279A.140, 279A.280, or 279B.270 must be punished as described in 291.990, pursuant to 279A.990(1). (2) Upon notice to the Department of an alleged violation pursuant to ORS 279A.990(1), the Department, at its own discretion, may provide to an individual of an Agency or an Agency an optional administrative process with an opportunity for remedy prior or parallel to a legal process leading to conviction or a Department certification leading to other penalties provided by ORS 291.990. This Rule and administrative process may address related considerations, including but not limited to: (a) What specific actions are interpreted as violations giving rise to penalties; (b) Applicability to individuals of Agencies and Agencies, regardless of whether delegated Authority existed pursuant to OAR 125-246-0170; and (c) The placement of responsibility for violations along the chain of delegated responsibility. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.990 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 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0010 Policies (1) ORS Chapter 279B and this division 247 apply the policies of 279A.015 to the Procurement of Supplies and Services. The seven sourcing methods for procurement, procedures, and legal remedies set forth in ORS Chapter 279B and these Rules simplify, clarify and modernize procurement practices so that they reflect the market place and industry standards. ORS Chapter 279B and this division 247 provide a Public Contracting structure that can take full advantage of evolving procurement methods as they emerge within various industries, according to ORS 279A.015(6). (2) Specific procedures accompany each method, followed by a Section of general procedures. Authorized Agencies must comply with both the specific procedures of a method and general procedures. (3) The responsibility of the Designated Procurement Officer and any delegatee of an Authorized Agency is to choose the appropriate sourcing methods in accordance with the Code, Rules, and policy, and arrive at offers that represent optimal value to the Agency and the State. (4) Meaningful competition can be achieved through various strategies and sourcing methods when procuring Supplies and Services, and this competition must be reasonably calculated and demonstrated to satisfy the Authorized Agency’s and the State’s needs. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.010 History: DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 9-2005, f. & cert. ef. 8-3-05 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0100 Applicability (1) In addition to the general requirements set forth in Division 246 of these Rules, the Rules in this Division 247 apply to Public Contracting for Supplies and Services. In the event of conflict or ambiguity, the more specific requirements of the Rules in this Division 247 take precedence over the more general requirements of the Rules in Division 246. (2) The Rules implement the Oregon Public Contracting Code, as defined in ORS 279A.010, and this Division 247 of the Rules specifically addresses matters covered in ORS Chapter 279B. (3) For purposes of these Division 247 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016: OAR 137-047-0255, 137-047-0257, 137-047-0260, 137-047-0261, 137-047-0265, 137-047-0270, 137-047-0310, 137-047-0320, 137-047-0400, 137-047-0410, 137-047-0420, 137-047-0440, 137-047-0450, 137-047-0460, 137-047-0470, 137-047-0480, 137-047-0490, 137-047-0525, 137-047-0575, 137-047-0620, 137-047-0640, 137-047-0650, 137-047-0660, 137-047-0670, 137-047-0700, 137-047-0710, 137-047-0720, 137-047-0745, 137-047-0740, 137-047-0750, 137-047-0760, 137-047-0800, 137-047-0810. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.015 History: DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16 DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0165 Practices Regarding Electronic Goods Procurement (1) ORS 279B.025 requires the Department to establish procurement practices that ensure, to the maximum extent economically feasible, Procurement of Goods that may be recycled or reused when discarded. (2) The Department and Authorized Agencies must procure Electronic Goods in a manner that includes consideration of the impact of the electronic goods upon the environment and public health, in addition to consideration of economic and community interests, in accordance with goals of Sustainability pursuant to ORS 184.423. The Department and Authorized Agencies, separately or together, may: (a) Consult with stakeholders to develop procedures or guidelines for Procurement of Electronic Goods; and (b) Address policy and procedure decisions including but not limited to: recycling, relationship to Rules for State Surplus Property as set forth in OAR 125-246-0700 through 125-246-0730, Energy Star certifications, promote toxic use reduction, and the use of certain components such as mercury or lead that have detrimental impacts. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.025, 279B.270 & 279B.280 History: DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 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
125-247-0185 Approval of Information Technology or Telecommunications Procurements (1) For any Procurement of Information Technology or Telecommunications with an anticipated Contract Price of $1,000,000.00 or more, a state agency, as defined in ORS 279A.010, must obtain prior Written approval from the State Chief Information Officer. In addition, and regardless of the anticipated Contract Price, a state agency, as defined in ORS 279A.010, must obtain any review or approval the State Chief Information Officer may require in accordance with ORS 184.477, 279A.050, 279A.075, and 279B.075 (HB 3099) or ORS 279B.030 (SB 1539). (2) In accordance with OAR 125-247-0110(7), a State Contracting Agency that conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the state contracting agency prepared under ORS 279B.033 or the final determination the state contracting agency made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications. (3) The requirement to provide the materials described in subsection (2) to the State Chief Information Officer does not apply to the Secretary of State or the State Treasurer. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 184.477, 279A.050, 279A.075, 279B.030 (SB 1539) & 279B.075 (HB 3099) History: DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 4-2017, amend filed 12/28/2017, effective 01/01/2018 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
125-247-0265 Small Procurements (1) Generally. For Procurements of Goods or Services less than or equal to $25,000 an Authorized Agency may Award a Contract as a Small Procurement pursuant to ORS 279B.065. (2) Amendments. An Authorized Agency may amend: (a) A Contract Awarded as a Small Procurement before January 1, 2014 in accordance with OAR 125-247-0805, but the cumulative amendments must not increase the total Contract Price to a sum greater than $6,000; (b) A Contract Awarded as a Small Procurement on or after January 1, 2014 and before January 1, 2024 in accordance with OAR 125-247-0805, but the cumulative amendments must not increase the total Contract Price to a sum greater than $12,500; and (c) A Contract Awarded as a Small Procurement on or after January 1, 2024 may be amended in accordance with OAR 125-247-0805. (3) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.065 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 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 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0285 Special Procurements; Purpose and Application (1) Generally. An Authorized Agency may award a Contract as a Special Procurement pursuant to the requirements of ORS 279B.085. (2) Purpose. Pursuant to ORS 279B.085, these Rules establish the criteria for procuring Supplies and Services through Special Procurements by the Department and Authorized Agencies. Authorized Agencies must have delegated Authority pursuant to OAR 125-246-0170. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.085 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 3-2012, 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
125-247-0286 Special Procurements; Definitions As used in this Section and ORS 279B.400: (1) "Class Special Procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time or for multiple projects. (2) "Contract-specific Special Procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related Contracts on a one-time basis or for a single project. (3) "Special Procurement" means, unless the context requires otherwise, a class Special Procurement, a contract-specific Special Procurement or both. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.085 History: DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0296 Price Agreements and Mandatory Use Contracts (1) Mandatory Use Contracts, for the purposes of this Rule and including Department Price Agreements, service agreements, and sales agreements, may be established for the purposes of minimizing paper work, achieving continuity of product, securing a source of supply, reducing inventory, combining Agency requirements for volume discounts, standardization among Agencies, and reducing lead time for ordering. A Mandatory Use Contract requires the Authorized Agency to purchase Supplies and Services for an anticipated need at a predetermined price, provided the Mandatory Use Contract is let by a competitive Procurement Process according to the requirements of ORS 279ABC and these Rules. (2) Authorized Agencies may purchase the Supplies and Services from a Contractor awarded a Mandatory Use Contract without first undertaking additional competitive Solicitation. (3) Authorized Agencies must use Mandatory Use Contracts established by the Department unless otherwise specified in the Contract, allowed by law or these Rules, or specifically authorized by the Chief Procurement Officer. (4) Despite section (3) above, Authorized Agencies are exempted from Mandatory Use Contracts for acquisition of the following, regardless of dollar amount: (a) Supplies and Services from another Oregon Public Agency provided that a formal, Written agreement is entered into between the parties; (b) Personal property for resale through student stores operated by public educational Agencies; and (c) Emergency purchases declared by an Authorized Agency according to ORS 279B. (5) Authorized Agencies may be exempted from a Mandatory Use Contract upon a request to and approval by the Contract Administrator of the Mandatory Use Contract. (6) The term of the Contract, including renewals, must not exceed the maximum term stated in the original Solicitation. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.140 History: DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 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
125-247-0300 Procurement Process; Applicability of General Rules to Methods of Source Selection (1) Generally. These Procurement Process Rules are intended to apply to more than one sourcing method according to ORS 279B.050 through 279B.085 and to specify those methods. (2) In the event of conflict or ambiguity arising from specific requirements of another Rule in Division 247 and a general Rule in OAR 125-247-0305 through 125-247-0691, the specific requirements of another Rule take precedence over the more general requirements of a Rule under Procurement Process. (3) If a general Rule in OAR 125-247-0305 through 125-247-0691 is silent regarding its specific application or an ambiguity arises regarding the application of any such Rule to any of the seven sourcing methods of ORS 279B.050 through 279B.085, that Rule applies only to Bidding and Proposals in accordance with ORS 279B.055, 279B.060, and OAR 125-247-0255 through 125-247-0261. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0310 Bids or Proposals are Offers See OAR 137-047-0310. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0320 Facsimile Bids and Proposals See OAR 137-047-0320. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0340 Reverse Auctions (1) If the Authorized Agency desires to conduct a Reverse Auction as defined in OAR 125-247-0288, the Authorized Agency must follow the policy of the Department. The requirements of OAR 125-247-0288 apply to Reverse Auctions. In the event of conflict or ambiguity, the more specific requirements of OAR 125-247-0288 take precedence over the more general requirements of this Rule. (2) Multiple Receipts of Offers during a Period of Time. When the Authorized Agency specifies that Persons may submit multiple Electronic Offers during a period of time, the Authorized Agency must accept Electronic Offers, and Persons may submit Electronic Offers, in accordance with the following: (a) Following receipt of the first Electronic Offer after the day and time the Authorized Agency first receives Electronic Offers, the Authorized Agency must give notice to the initial Bidders and update on a real time basis: (A) The prices of the other Bidders or the price of the most competitive Bidder; (B) The rank of each Bidder (e.g., (i) "winning" or "not winning" or (ii) "1st, 2nd, or higher"); (C) The scores of the Bidders if the Authorized Agency chooses to use a scoring model that weighs non-price factors in addition to price; or (D) Any combination of (A), (B) and (C) above. At any time before the date and time after which the Authorized Agency will no longer receive Electronic Offers, a Person may revise its Electronic Offer, except that a Person may not lower its price unless that price is below the then lowest Electronic Offer. (b) A Person may not increase the price set forth in an Electronic Offer after the day and time that the Authorized Agency first accepts Electronic Offers. (c) A Person may withdraw an Electronic Offer only in compliance with these division 247 Rules. If a Person withdraws an Electronic Offer, it may not later submit an Electronic Offer at a price higher than that set forth in the withdrawn Electronic Offer. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 History: DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08
125-247-0400 Offer Preparation See OAR 137-047-0400. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0410 Offer Submission See OAR 137-047-0410. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0420 Pre-Offer Conferences See OAR 137-047-0420. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0440 Pre-Closing Modification or Withdrawal of Offers See OAR 137-047-0440. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0450 Receipt, Opening, and Recording of Offers See OAR 137-047-0450. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0460 Late Offers, Late Withdrawals, and Late Modifications See OAR 137-047-0460. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0470 Mistakes See OAR 137-047-0470. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0480 Time for Authorized Agency Acceptance See OAR 137-047-0480. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0490 Extension of Time for Acceptance of Offer See OAR 137-047-0490. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050 - 279B.090 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0500 Responsibility of Offerors (1) Determination. Before awarding a Contract, the Authorized Agency must determine that the Offeror submitting the lowest Bid or Proposal or most Advantageous Offer is Responsible. The Authorized Agency must use the standards set forth in ORS 279B.110 and OAR 125-247-0640 to determine if an Offeror is Responsible. In the event an Authorized Agency determines an Offeror is not Responsible, it must prepare a Written determination of non-Responsibility as required by ORS 279B.110 and must reject the Offer. (2) Independent Contractor Status, Tax Compliance, Pay Equity Certificate and Requirements to Transact Business in Oregon. For these responsibilities of Offerors, see OAR 125-246-0330. (3) Life Cycle Costing. See OAR 125-247-0170. (4) Record of Performance and Integrity. Authorized Agencies must comply with ORS 279B.110. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.110 History: DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0525 Qualified Products Lists See OAR 137-047-0525. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 & 279B.115 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-247-0575 Debarment of Prospective Offerors (1) See OAR 137-047-0575. (2) Regardless of OAR 137-047-0575, the State Chief Procurement Officer is the Contracting Agency and acts on behalf of the Director of the Department under ORS 279B.130 and 279B.425. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.050-279B.085 & 279B.130 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 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05