reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0100 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0110 - Electronic Procurement and Submittals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0120 - Amendments to Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 159 - DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION › Section 291-159-0130 - Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(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 125-2490450, as
			 applicable.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
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 Operations and Programs; 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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0030 - Competitive Sealed Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. DOC
			 may procure goods or services by competitive sealed Bids. An Invitation to Bid
			 is used to initiate a competitive sealed bidding solicitation. DOC shall
			 provide public notice of the competitive sealed bidding solicitation as set
			 forth in OAR 291-160-0060.
(2) Invitation to Bid. An Invitation to Bid
			 shall include the following:
(a) General
			 information.
(A) Notice of any pre-Offer
			 conference;
(B) The form and
			 instructions for submission, withdrawals, modifications, and corrections of
			 Bids as set forth in the Solicitation Document;
(C) A statement that if the bidder is seeking
			 application of the Oregon Offeror preference, the bidder must identify whether
			 the bidder is an Oregon Offeror, as defined in OAR
			 291-160-0020; and
(D) The manner in which DOC will notify
			 Offerors of Addenda and how DOC will make Addenda available (See OAR
			 291-160-0110).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0040 - Competitive Sealed Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. DOC
			 may procure goods or services by competitive sealed Proposals. DOC shall use a
			 Request for Proposal to initiate a competitive sealed Proposal solicitation.
			 DOC shall provide public notice of the Request for Proposal as set forth in OAR
			 291-160-0060.
(2) Request for Proposal. The Request for
			 Proposal must include the following:
(a)
			 General information.
(A) Notice of any
			 pre-Offer conference;
(B) The form
			 and instructions for submission, withdrawals, modifications, and corrections of
			 Proposals as set forth in the Solicitation Document;
(C) The manner in which DOC will notify
			 proposers of Addenda and how DOC will make Addenda available. (See OAR
			 291-160-0110).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0050 - Electronic Procurement and Submittal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 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.
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0060 - Public Notice of Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of
			 Solicitation Documents. DOC shall provide public notice of every Solicitation
			 Document in accordance with section (2) of this 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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0070 - Bids or Proposals are Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0080 - Offer Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0090 - Pre-Offer Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Time. 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 Announcement.
			 DOC will set forth notice of any pre-Offer 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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0100 - Offer Submission

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0110 - Addenda to Solicitation Document

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0120 - Pre-Closing Modification or Withdrawal of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0130 - Late Offers, Late Withdrawals and Late Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
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 291-1600140.
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0140 - Mistakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. To
			 protect the integrity of the competitive procurement process and to ensure fair
			 treatment of Offerors, DOC will carefully consider whether to permit waiver,
			 correction or withdrawal of Offers for certain mistakes.
(2) DOC's Treatment of Mistakes. DOC shall
			 not allow an Offeror to correct or withdraw an Offer for an error in judgment.
			 If DOC discovers certain mistakes in an Offer after Opening, but before award
			 of the Contract, DOC may take the following action:
(a) DOC may waive, or permit an Offeror to
			 correct, a minor informality. A minor informality is a matter of form rather
			 than substance that is evident on the face of the Offer, or an insignificant
			 mistake that can be waived or corrected without prejudice to other Offerors.
			 Examples of minor informalities include an Offeror's failure to:
(A) Return the correct number of Signed
			 Offers or the correct number of other documents required by the Solicitation
			 Document;
(B) Sign the Offer in the
			 designated block, provided a Signature appears elsewhere in the Offer,
			 evidencing an intent to be bound; and
(C) Acknowledge receipt of an Addendum to the
			 Solicitation Document, provided that it is clear on the face of the Offer that
			 the Offeror received the Addendum and intended to be bound by its terms; or the
			 Addendum involved did not affect price, quality or delivery.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0150 - Receipt; Confidentiality of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0160 - Electronic Opening and Tiebreaker Processes

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0170 - Time for Agency Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0180 - Extension of Time for Acceptance of Offer

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0210 - Tiebreaker for Identical Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tiebreaker
			 Preference and Award When Offers Are Identical. When DOC receives Offers
			 identical in price, fitness, availability and quality, and chooses to Award a
			 Contract, DOC shall Award the Contract based on the following order of
			 precedence:
(a) DOC shall Award the Contract
			 to the Offeror among those submitting identical Offers who is offering goods
			 that are Produced or Processed, or services that are to be performed, Entirely
			 in Oregon.
(b) If two or more
			 Offerors submit identical Offers, and they all offer goods that are Produced or
			 Processed, or services to be performed, Entirely in Oregon, DOC shall Award the
			 Contract by drawing lots among the identical Offers. DOC shall provide the
			 Offerors who submitted the identical Offers notice of the date, time and
			 location of the drawing of lots and an opportunity for these Offerors to be
			 present when the lots are drawn. See OAR
			 291-160-0160.
(c) If DOC receives identical Offers, and
			 none of the identical Offers offer goods Produced or Processed, or services to
			 be performed, Entirely in Oregon, then DOC shall Award the Contract by drawing
			 lots among the identical Offers. DOC shall provide to the Offerors who
			 submitted the identical Offers notice of the date, time and location of the
			 drawing of lots and an opportunity for these Offerors to be present when the
			 lots are drawn.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0220 - Rejection of an Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0230 - Rejection of All Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0240 - Cancellation of Procurement or Solicitation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0250 - Notice of Intent to Award

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0260 - Documentation of Award

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0270 - Availability of Award Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0280 - Small Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0290 - Sole-source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0300 - Emergency Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0310 - Opportunity Buys

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0320 - Specialty Procurements by Contract Type

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Renegotiations
			 of Existing Contracts with Incumbent Contractors. DOC may renegotiate and amend
			 an existing Contract with an incumbent Contractor within the term of the
			 Contract, when market conditions have changed and it is in the best interest of
			 the State.
(a) Process and criteria.
(A) DOC may renegotiate various items of the
			 Contract, including but not limited to: price, term, delivery and shipping,
			 order size, item substitution, warranties, discounts, on-line ordering systems,
			 price adjustments, product availability, product quality, and reporting
			 requirements.
(B) DOC will post
			 notice on the electronic procurement system approved by the State Chief
			 Procurement Officer. Nothing in this rule waives the Department of Justice
			 legal sufficiency review if applicable under ORS
			 291.047 (public contract
			 approval by the Oregon Attorney General).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0330 - Alternative Procurement Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0340 - Brand Name or Equivalent Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0350 - Independent Contractor Status for Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0360 - Contract Administration; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0370 - Amendments to Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. DOC
			 may amend a Contract without additional competition in any of the following
			 circumstances:
(a) The amendment is within the
			 scope of:
(A) The Solicitation Document or
			 other document inviting participation in procurements, if any;
(B) The sole-source notice or the specialty
			 procurement, if any; or
(C) In the
			 absence of any of the preceding, the Contract.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS › Section 291-160-0380 - Termination of Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0010 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040(1)(d),
			 179.460,
			 421.305(1),
			 421.310(1),
			 421.440,
			 423.020,
			 423.030, and
			 423.075(5)(d).
(2) Purpose: The Department of Corrections is
			 subject to the Department of Administrative Services purchasing rules unless
			 otherwise excepted or exempted. ORS
			 421.438 provides that "ORS
			 chapter 279 and ORS 291.021 do not apply" to certain
			 prison operations and programs, as defined in OAR
			 291-163-0020(6).
			 Additionally, Article I, Section 41(9) of the Oregon Constitution provides that
			 "prison industry work programs shall be exempt from statutory competitive bid
			 and purchase requirements." Accordingly, the purpose of these rules is to set
			 forth guidelines for the:
(a) Purchase of
			 property and services for such inmate work programs;
(b) Disposal of surplus property for an
			 inmate work program;
(c) Sale of
			 inmate products and inmate services produced or provided under Corrections
			 Inmate Work Programs; and
(d)
			 Process to establish certain contractual relationships between Corrections
			 Industries and private entities to generate and establish such inmate work
			 programs.