reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0010 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: It is the policy of the Lottery to conduct security
			 background investigations on Lottery Vendors and Lottery Contractors to ensure
			 the competence, integrity, background, good character, and the nature of the
			 true business ownership and control of a Vendor or Contractor.
(2)
Disclosure
: To assure the
			 security and integrity of the Lottery and Lottery games, the Director may
			 require a Vendor, including any Control Person of the Vendor, or any employee
			 or subcontractor of the Vendor that Lottery determines may have access to
			 sensitive or secure Lottery information, to disclose and provide any
			 information or disclosures deemed necessary to approve the Vendor as a Lottery
			 Contractor. When required by these rules or by the Director, the Vendor must
			 submit an application for approval to be a Lottery Contractor on disclosure
			 forms provided by Lottery and must include all information and disclosures
			 requested.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0020 - Classification of Lottery Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: A procurement or
			 Contract is classified according to the degree to which a Contractor may have
			 access to secure and sensitive Lottery information, including materials or
			 systems, which in the opinion of the Director affect the honesty, fairness,
			 integrity, or security of the Lottery or any Lottery games. The factors used to
			 classify a procurement or Contract include, but are not limited to: The type of
			 Goods or Services to be provided; access to and the potential risk to Lottery
			 games technology or data, access to and the potential risk to Lottery financial
			 systems; and the type of company involved. There are three classifications of
			 Procurements: Major, Sensitive, and General.
(2)
Classification
: The decision
			 to classify a procurement as a Major, Sensitive, or General Procurement is made
			 by the Director in consultation with the Assistant Director for Security prior
			 to the Lottery's issuance of a Solicitation Document. The classification of a
			 procurement, disclosure requirements, and instructions for disclosure will be
			 stated in the procurement Solicitation Document or in the procurement
			 advertisement.
(3)
Classification Changes
: The Director's decision to classify a
			 particular procurement under sections (1) and (2) of this rule is not binding
			 on the Lottery and in no way limits the authority of the Commission or the
			 Director to change the procurement or Contract classification, or the
			 disclosure requirements at any time prior to the award of a Contract or during
			 the term of a Contract.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0030 - Major Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: In all solicitations for a Major Procurement, Lottery
			 shall clearly identify the solicitation as a Major Procurement.
(2)
Disclosure
: All procurements
			 classified as a Major Procurement require an extensive security background
			 investigation and are subject to all disclosure requirements specified in ORS
			 Chapter 461 and OAR chapter 177, division 37, and any other special disclosure
			 requirements deemed necessary by the Director or the Commission. An Offer or
			 Proposal for a Major Procurement must include an application for approval to be
			 a Lottery Contractor, including all required information and disclosures, and
			 must be on forms provided by the Lottery.
(3)
Continuing Disclosure
			 Requirement
: Unless otherwise specified in the Contract for a Major
			 Procurement, during the term of the Contract a Contractor must update any
			 information or disclosures submitted in the application for approval to be a
			 Lottery Contractor within thirty days of any change.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0040 - Sensitive Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: In all solicitations for a Sensitive Procurement, Lottery
			 shall clearly identify the solicitation as a Sensitive Procurement
(2)
Disclosure
: All procurements
			 classified as a Sensitive Procurement require a security background
			 investigation and are subject to all disclosure requirements specified in OAR
			 chapter 177, division 37 and the Solicitation Document, and any other special
			 disclosure requirements deemed necessary by the Director or the Commission. An
			 Offer or Proposal for a Sensitive Procurement must include an application for
			 approval to be a Lottery Contractor, including all required information and
			 disclosures, and must be on forms provided by the Lottery.
(3)
Continuing Disclosure
			 Requirement
: Unless otherwise specified in the Contract for a Sensitive
			 Procurement, during the term of the Contract a Contractor must update any
			 information or disclosures submitted in the application for approval to be a
			 Lottery Contractor within thirty days of any change.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0050 - General Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: In all solicitations for a General Procurement, Lottery
			 shall clearly identify the solicitation as a General Procurement.
(2)
Disclosure
: A procurement
			 classified as a General Procurement does not require a security background
			 investigation, unless deemed necessary by the Director or the
			 Commission.
(3)
Continuing
			 Disclosure Requirement
: If a security background investigation is deemed
			 necessary, the Solicitation Document shall include the instructions for
			 disclosure. An Offer or Proposal must include an application for approval to be
			 a Lottery Contractor, including all required information and disclosures, and
			 must be on forms provided by the Lottery. Unless otherwise specified in the
			 Contract, during the term of the Contract a Contractor must update any
			 information or disclosures submitted in the application for approval to be a
			 Lottery Contractor within thirty days of any change.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply only to the Oregon
				Administrative Rules contained in OAR Chapter 177, Division 038:
(1) "Addendum" (singular) or "Addenda"
			 (plural) means the written document(s) that Lottery issues to modify or clarify
			 a Solicitation Document.
(2)
			 "Affected Individual" means a Person or Offeror whose ability to participate in
			 a procurement is adversely affected by a decision of the Lottery.
(3) "Alternative Procurement" is defined in
			 OAR 177-038-0090.
(4) "Award" means
			 the decision of the Lottery to enter into a Contract with any Person.
(5) "Bid" means a written response
			 submitted to the Lottery by a Bidder according to instructions in an Invitation
			 to Bid.
(6) "Bidder" means a Person
			 who submits a Bid in response to the Lottery's Invitation to Bid.
(7) "Business Day" means Monday through
			 Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding Lottery-recognized
			 holidays and any other Day that the Lottery's Headquarters is closed for
			 business for any reason.
(8)
			 "Closing" means the date and time specified in the Solicitation Document as the
			 deadline for submitting Bids or Proposals.
(9) "Commission" has that meaning as defined
			 in ORS
			 461.010(4).
(10) "Contract" means a legally binding
			 written agreement between the Lottery and one or more Persons for the purchase
			 and sale of Goods, Services, or both.
(11) "Contractor" means a Person with whom
			 Lottery enters into a Contract.
(12) "Cooperative Procurement" means a
			 procurement conducted on behalf of more than one governmental body.
			 "Cooperative Procurement" includes but is not limited to multiagency contracts
			 and Price Agreements. "Cooperative Procurement" does not include an agreement
			 formed among only governmental bodies under ORS chapter 190 or by a statute,
			 charter provision, ordinance or other authority for establishing agreements
			 between or among governmental bodies or agencies or tribal governing bodies or
			 agencies.
(13) "Day" means calendar
			 day.
(14) "Director" has that
			 meaning as defined in ORS
			 461.010(2).
(15) "Emergency" means circumstances that:
(a) Could not have been reasonably foreseen;
(b) Require prompt execution of a
			 Contract to remedy the condition; and
(c) Meet one of the following conditions:
(A) Substantially threaten a loss of revenue,
			 damage or interruption of services or a substantial threat to property, public
			 health, welfare or safety; or
(B)
			 Require immediate action to protect the fairness, integrity, security, or
			 honesty of the Oregon Lottery or an Oregon Lottery game.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0010 - Application and General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: The purpose of these Chapter
			 177, Division 038 rules is to provide a framework for the Lottery's procurement
			 processes. These Division 038 rules apply to the Lottery's procurement of Goods
			 and Services in accordance with ORS
			 461.440.
			 The intent of these rules is to establish procurement processes and practices
			 that are consistent with policies set forth in ORS
			 461.400 and ORS
			 461.440,
			 protect the interests of the Lottery, and promote fairness in contracting with
			 the business community, including processes and practices that:
(a) To the extent reasonable, promote open
			 competitive procurement;
(b) Take
			 into account the particularly sensitive nature of the state lottery, and
			 promote fairness, integrity, security, and honesty in the operation and
			 administration of the Lottery and the objective of raising net revenues for the
			 benefit of the public purposes described in Section 4, Article XV of the
			 Constitution of the State of Oregon;
(c) Establish vendor
			 responsibility;
(d) Promote
			 participation of State certified minority owned, women owned, service disabled
			 veteran owned businesses, and emerging small businesses;
(e) Promote sustainability measures;
			 and
(f) Promote any other policies
			 or directives set forth in Article XV, Section 4 of the Oregon Constitution, or
			 in ORS Chapter 461.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0020 - Procurement Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contracting Authority of Director: By adopting these rules the Commission
			 authorizes the Director to conduct procurements as described in these rules,
			 subject to any limitations set forth in these rules.
(2) Delegation by Director: Pursuant to ORS
			 461.180(7),
			 the Director may delegate to any Lottery employee the authority to exercise or
			 discharge any of the Director's powers, duties or functions under these
			 Division 38 rules.
(3) Commission
			 Approval for Major Procurements: The Director may execute a Contract for a
			 Major Procurement only after the Commission has approved the Award.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, 4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0030 - Affirmative Action

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery may limit competition on Contracts with an
				estimated cost of $50,000 or less to carry out affirmative action policies, in
				accordance with policies and procedures established by the
				Lottery.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0040 - Environmentally Preferable Procurement General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
In developing work statements, Specifications, or other product
				descriptions, the Lottery shall consider the purchase of environmentally
				preferable products or services that comply with the Lottery's corporate social
				responsibility principles. This includes, but is not limited to, acquiring
				Goods that are durable, recyclable, reusable, readily biodegradable, energy
				efficient, made from recycled materials, and nontoxic. In doing so, the Lottery
				shall purchase Goods and Services based on long-term environmental impacts and
				operating costs. Furthermore, the Lottery shall first seek to reuse, repair, or
				refurbish existing equipment and products prior to purchasing new, to the
				extent reuse is fiscally sound and complements other Lottery safety and
				sustainability policies.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0050 - Offeror Disclosure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery shall classify each Contract as a Major
				Procurement, a Sensitive Procurement, or a General Procurement. Each Person
				entering into a Contract with Lottery must comply with the disclosure
				requirements applicable to the Lottery's classification. The disclosure
				requirements are as follows:
(1)
			 General Procurement Disclosure: General Procurement disclosure requirements are
			 specified in OAR 177-037-0050.
(2)
			 Sensitive Procurement Disclosure: Sensitive Procurement disclosure requirements
			 are specified in ORS
			 461.700 and OAR 177-037-0040.
(3) Major
			 Procurement Disclosure: Major Procurement disclosure requirements are specified
			 in ORS
			 461.410,
			 ORS
			 461.700,
			 and OAR 177-037-0030.
Statutory/Other Authority: Oregon Constitution, Article XV,
				  §4(4) & ORS Chapter 461
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0060 - Cooperative Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery may participate in, sponsor, conduct, or administer
				Cooperative Procurements.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0070 - Source Selection Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Buy Decision" means the decision to buy
			 Goods or Services through socio-economic programs, agreements, or the open
			 market.
(2) The Lottery may make
			 its Buy Decision in the priority order set forth in sections (a) through (c)
			 below. If a higher priority source can fulfill the needs of a particular
			 procurement, the Lottery may procure through that higher priority source and
			 may elect not to procure through a lower priority source.
(a) Inmate Labor: Procurements of Goods or
			 Services of Oregon inmates pursuant to the Oregon Constitution, Article I,
			 Section 41.
(b) Price Agreements:
			 This rule applies to Price Agreements that were acquired using a competitive
			 approach equivalent to the source selection methods described in OAR
			 177-038-0070(3). Price Agreements administered by State of Oregon through its
			 Department of Administrative Services, Federal General Service Administration
			 (GSA) federal programs, and Price Agreements entered into and administered as
			 Cooperative Procurements are examples of Price Agreements that may be used by
			 the Lottery. The use of a Price Agreement promotes economy and efficiency
			 through volume and strategic purchases.
(c) Lottery Procurement: Procurements
			 conducted by Lottery pursuant to these Division 38 rules.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0080 - Brand Name or Equal Specification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability and Use. Lottery may
			 establish "brand name or equal" Specifications in a solicitation or
			 Solicitation Document in accordance with this Rule.
(a) A brand name or equal Specification may
			 be used when the use of a brand name or equal Specification is advantageous to
			 the Lottery because the brand name describes the standard of quality,
			 performance, functionality, or other characteristics of the Goods or Services
			 needed by the Lottery.
(b) The
			 Lottery is entitled to determine what constitutes Goods or Services that are
			 equal or superior to the Goods or Services specified, and any such
			 determination made according to this section is final.
(c) Nothing in this subsection may be
			 construed as prohibiting the Lottery from specifying one or more comparable
			 Goods or Services as examples of the quality, performance, functionality or
			 other characteristics of the Goods or Services needed by the Lottery.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0090 - Alternative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Lottery may Award a Contract as an Alternative Procurement pursuant to the
			 requirements of this section. Such procurements allow the Lottery to enter into
			 a series of Contracts over time pursuant to the authorization provided in
			 regard to the Alternative Procurement and without necessarily following the
			 requirements of an Intermediate or Large Procurement. The Director must approve
			 each use of an Alternative Procurement, and may approve or deny Alternative
			 Procurement requests submitted in a written memorandum that includes the
			 information specified in Subsection (2) below. The Alternative Procurement
			 request shall identify whether it is for one or more particular Contracts or
			 classes of Contracts.
(2) For
			 purposes of OAR 177-038-0090  the following definitions are applicable:
(a) "Class Alternative Procurement" means a
			 contracting procedure that differs from the procedures defined in OAR
			 177-038-0070(3)(a) through (e)  and is for the purpose of entering into a series
			 of Contracts over time or for multiple projects.
(b) "Contract - Specific Alternative
			 Procurement" means a contracting procedure that differs from the procedures
			 defined in OAR 177-038-0070(3)(a) through (e)  and is for the purpose of
			 entering into a single Contract or a number of related Contracts on a time
			 basis or for a single project.
(c)
			 "Alternative Procurement" means a Class Alternative Procurement, a Contract -
			 Specific Alternative Procurement, or both.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0100 - Public Notice of Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
Notice: The Lottery will provide notice of Solicitation
				Documents and other notices required or authorized by these Division 38 rules
				by one or more of the following methods:
(1) By publishing notice on the on-line
			 system maintained by the Oregon Department of Administrative
			 Services;
(2) By publishing notice
			 on any Lottery electronic procurement system that it may establish and
			 maintain;
(3) By placing a notice
			 in a newspaper or trade journal of general circulation in the area where the
			 Goods or Services will be delivered or performed;
(4) By giving direct written or electronic
			 notice to potential providers known to the Lottery; or
(5) By giving or publishing notice by any
			 other means reasonably determined by the Director under the circumstances to
			 provide sufficient notice to fulfill the purpose and policies of these Division
			 38 rules.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0110 - Modification or Cancellation of Solicitation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Modification: The Lottery may modify or
			 cancel a Solicitation Document as follows:
(a)
			 Modification Issuance: Any changes to the Solicitation Document will be by
			 written Addenda.
(b) Addenda
			 Issuance: The Lottery will issue Addenda in the manner described in the
			 Solicitation Document or, if not described in the Solicitation Document, by
			 providing notice in accordance with Section 100 of these Division 38 rules,
			 within a reasonable time before Closing to allow Proposers to consider the
			 Addenda in preparing Bids or Proposals.
(c) Extension of Closing: The Lottery may
			 extend Closing if it determines that Proposers need additional time to review
			 and respond to Addenda.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0120 - Requests for Changes to or Clarification of a Solicitation Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests: If
			 provided in the Solicitation Document, the Lottery will accept and consider
			 requests to change, or clarify a Solicitation Document. Each request for change
			 or clarification must include a statement clearly describing the desired change
			 or clarification requested.
(2)
			 Submission of Requests to the Lottery: Persons must submit written requests for
			 change or clarification to a Solicitation Document as specified in the
			 Solicitation Document. The Lottery may, but is not required to, consider a
			 request for change or clarification submitted after the applicable submission
			 deadline.
(3) Lottery's Response:
			 The Lottery will issue a written response to each request for change or
			 clarification. The Lottery's written response does not bind Lottery unless the
			 Lottery modifies the Solicitation Document by publishing an Addendum to reflect
			 the response, and to make any associated changes to the Solicitation Document.
			 After issuing a written response, the Lottery may, in its sole discretion,
			 leave the Solicitation Document unchanged, issue an Addendum reflecting
			 Lottery's disposition of the request for change or clarification, or cancel the
			 procurement.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0130 - Late Submission of Bids or Proposals, Modifications, and Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Late
			 Submission:
(a) Any Offer in response to a
			 Solicitation Document received after Closing is late. An Offeror's request for
			 withdrawal or modification of an Offer in response to a Solicitation Document
			 received after Closing is late. The Lottery shall not consider withdrawals
			 submitted after Closing except as permitted in OAR
			 177-038-0130(2)(b).
(b) An Offer,
			 withdrawal or modification will be considered received by the Lottery as of the
			 earlier of:
(A) The date and time stamp
			 affixed to the Offer, withdrawal or modification by Lottery upon its receipt;
			 or
(B) The date and time of
			 delivery to Lottery as recorded by the public or commercial carrier that
			 delivered the Offer, withdrawal or modification; provided that Lottery is able
			 to verify to its reasonable satisfaction the accuracy of such
			 record.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0140 - Submission, Receipt, Opening, and Recording of Offers; Confidentiality of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Offer Submission: Offeror must submit Offers in response to a procurement in
			 the format specified by the Solicitation Document. All Bids and Proposals are
			 firm Offers and are irrevocable, valid, and binding on the Offeror for not less
			 than sixty Days following Closing unless otherwise specified in the
			 Solicitation Document.
(2) Receipt:
			 The Lottery shall electronically or mechanically time-stamp or hand-mark the
			 date and time of receipt of each Offer and any modification received by the
			 Lottery. The Lottery shall not open sealed Offers or any modification upon
			 receipt, but shall maintain it as confidential until Closing. If the Lottery
			 inadvertently opens a sealed Offer or any modification prior to Closing, the
			 Lottery shall reseal and document the circumstances surrounding the inadvertent
			 opening for its files and return the Offer or modification to its confidential
			 state until Closing.
(3) Opening:
			 The Lottery does not publicly open Offers.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0150 - Offer Evaluation; Clarification of Offers; Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Evaluation: The Lottery will evaluate
			 Offers using the process and criteria specified in the Solicitation Document.
(2) Clarification of Offers: The
			 Lottery may contact Offerors after Closing for clarification of Offers to
			 facilitate the Lottery's full understanding of the Offers. The Lottery will
			 document in the procurement file all Offer clarifications obtained.
(3) Award Based on Bids or Proposals:
(a) Award Based on Bids: Unless otherwise
			 specified in the Invitation to Bid, the Lottery will issue an Award to the
			 Responsible Bidder who has submitted a Responsive Bid that includes the lowest
			 Contract cost to the Lottery and that otherwise complies with these Division 38
			 rules.
(b) Award Based on
			 Proposals: Unless otherwise specified in the Request for Proposals, the Lottery
			 will issue an Award to the Responsible Proposer whom the Lottery has
			 determined, according to the criteria specified in the Request for Proposals,
			 is the best qualified Proposer to perform the Contract and whose Proposal is
			 Responsive and otherwise complies with these Division 38 rules.
(c) Multiple Awards: The Lottery may issue
			 multiple Awards from one Invitation to Bid or Request for Proposals according
			 to the criteria specified in the Solicitation Document.
(d) Partial Awards: The Lottery may issue an
			 Award for only a portion of the Goods or Services specified in a Solicitation
			 Document according to the criteria specified in the Solicitation Document.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0160 - Bid and Proposal Rejection

Current through Register Vol. 63, No. 7, July 1, 2024
Bid and Proposal Rejection: The Lottery may at any time reject
				all Offers provided in response to a Solicitation Document if the Lottery
				determines that it is in the Lottery's best interest to do so and may reject
				individual Offers upon the Lottery's finding that the Offer:
(1) Contingent: Is contingent upon the
			 Lottery's acceptance of terms and conditions (including Specifications) that
			 differ from those specified in the Solicitation Document;
(2) Exceptions: Takes exceptions to terms and
			 conditions (including Specifications) specified in the Solicitation
			 Document;
(3) Non Responsive: Is
			 not Responsive because:
(a) The Offer offers
			 Goods or Services that fail to meet the Specifications;
(b) The Offer offers Goods or Services that
			 otherwise fail to meet the requirements of the Solicitation Document;
(c) The Offer is submitted after
			 Closing; or
(d) The Offer is
			 otherwise not Responsive to the terms of the Solicitation Document.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0170 - Minor Informalities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: The Lottery may accept Offers that contain, or allow an Offeror to
			 correct an Offer that contains, Minor Informalities.
(2) Examples: Minor Informalities include
			 errors in form rather than substance and errors in an Offer that can be
			 overlooked or corrected without prejudice to other Offerors. Minor
			 Informalities do not cause an Offer to be non-Responsive. Examples of Minor
			 Informalities include, but are not limited to:
(a) Incorrect Number of Copies: The Offeror
			 failed to submit the correct number of signed Offers or the correct number of
			 other documents required by the Solicitation Document;
(b) Signature Errors: The Offeror failed to
			 sign the Offer in the designated block, provided that an authorized signature
			 appears elsewhere in the Offer as evidence of Offeror's intent to be
			 bound;
(c) Failure to Acknowledge:
			 The Offeror failed to acknowledge receipt of an Addendum to the Solicitation
			 Document. Provided that it is evident on the face of the Offer, or the Lottery
			 has written evidence, that the Offeror received the Addendum and intends to be
			 bound by its terms; or
(d) Clerical
			 Errors: Clerical errors that are evident within the Offer, including
			 typographical errors, errors in extending unit prices, math errors, and
			 instances in which the intended correct unit or amount is evident by simple
			 arithmetic calculations. If a specified unit price, when extended, does not
			 equal the specified extended price, then Lottery shall use the specified unit
			 price for purposes of extended price determination.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0190 - Cancellation of a Solicitation Document, Offer, or Award

Current through Register Vol. 63, No. 7, July 1, 2024
Lottery may cancel a procurement, or may reject all Offers when
				the cancellation or rejection is in the best interest of the Lottery as
				determined by the Lottery. The reasons for the cancellation or rejection must
				be made a part of the procurement file. The Lottery is not liable to any
				Offeror for any loss or expense caused by or resulting from the cancellation of
				a Solicitation Document, or the rejection of any or all Offers.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0200 - Identical Bids; Preference for Oregon Goods and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Award When Bids are Identical: If the
			 Lottery receives Bids that the Lottery determines are identical in Price
			 ("Identical Bids"), and chooses to issue an Award, the Lottery will issue the
			 Award based on the following order of precedence:
(a) Oregon Bidder: The Lottery will issue an
			 Award to the Bidder offering Goods manufactured in Oregon or whose main
			 corporate office or primary business location is in Oregon. If the Lottery
			 receives Identical Bids from more than one Bidder offering Goods manufactured
			 in Oregon or whose main corporate office or primary business location is in
			 Oregon, the Lottery will issue an Award by drawing lots from among those
			 Bidders offering Goods manufactured in Oregon or whose main corporate office or
			 primary business location is in Oregon that submitted the Identical
			 Bids.
(b) COBID Certified Bidders:
			 The Lottery will issue an Award to a Certification Office for Business
			 Inclusion and Diversity (COBID) certified Minority, Women, Emerging Small
			 Business (MWESB) or service disabled veteran owned business. If multiple COBID
			 certified Bidders exist, the Lottery will issue an Award by drawing lots from
			 among those COBID certified Bidders who submitted the identical Bids.
(c) No Applicable Preferences: If
			 the Lottery receives Identical Bids, and none of the Identical Bids include
			 Goods manufactured in Oregon or a Bidder with a main corporate office or
			 primary business location in Oregon, and none of the Bidders are COBID
			 certified Bidders, then the Lottery will issue an Award by drawing lots from
			 among Bidders that submitted the Identical Bids.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0210 - Award Notice

Current through Register Vol. 63, No. 7, July 1, 2024
If the Lottery chooses to issue an Award following issuance of
				a Solicitation Document and its review and evaluation of Proposals received in
				response to a Large Procurement, the Lottery will provide a written notice to
				all Offerors who submitted an Offer in response to that Solicitation Document
				that identifies the Contractor or Contractors to whom Lottery intends to Award
				a Contract.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0220 - Protest of Large Contract Awards and Alternative Procurements; Appeals; Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Protest of Large Contract Awards:
(a) Award
			 Protest Opportunity: Any Offeror who submitted an Offer in response to a Large
			 Procurement may protest the Award by submitting a protest to the Lottery within
			 five Days following the date of the Award notice, unless a different time
			 period is specified in the Solicitation Document.
(b) Award Protest Content: All Award protests
			 must be received in writing and signed either in writing or electronic form by
			 the Offeror's authorized representative. The Award protest must be received by
			 the Lottery by the time set forth in Subsection (1)(a) above, and provide
			 relevant legal and factual arguments that:
(A)
			 All lower Bids or higher ranked Proposers are ineligible to receive the Award
			 because they are not Responsive; or
(B) The Lottery committed a material
			 violation of a provision in the Solicitation Document or of an applicable
			 statute or administrative rule that resulted in prejudice to the Offeror that
			 caused the Lottery to not issue an Award to that Offeror.
(c) Lottery's Response: The Lottery's Senior
			 Procurement Manager or designee will review each timely-submitted Award protest
			 and will issue a written response to the Offeror within three Business Days
			 following the Lottery's receipt of the protest.
(A) Response Content: The Lottery's written
			 response may include the Senior Procurement Manager's or designee's decision
			 affirming or denying the Award protest, a notice to the Offeror that Lottery
			 needs additional time to evaluate the protest, or a request for additional
			 information from the Offeror that the Lottery may need to evaluate the
			 protest.
(B) Follow-up Response:
			 The Lottery will issue a follow-up response to the Offeror within a reasonable
			 time following the Lottery's notice to the Offeror that the Lottery needs
			 additional time to evaluate the Award protest or following Lottery's receipt of
			 the additional information Lottery has requested from the Offeror.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0230 - Negotiations

Current through Register Vol. 63, No. 7, July 1, 2024
Following Closing, the Lottery may negotiate any Contract terms
				or conditions with any Offeror if the Lottery determines that negotiation is in
				the Lottery's best interests.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0240 - Contract Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally: The Lottery may amend a Contract if the Lottery determines that it
			 is in the Lottery's best interests to do so, subject to the following:
(a) Scope: The amended Contract is within the
			 scope and attributes of the Goods and Services described in the Solicitation
			 Document, or if no Solicitation Document was issued for the Contract,
			 consistent with the authority under which the Contract was formed;
			 and
(b) Favorability: The Lottery
			 determines that, with all things considered, the amended Contract is at least
			 as favorable to the Lottery as the original Contract.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0250 - Performance Security

Current through Register Vol. 63, No. 7, July 1, 2024
For each Major Procurement Contractor shall deliver performance
				security to the Lottery of the type, in the amount and by the date specified in
				the Contract, pursuant to ORS
				461.430.
				Performance security must be issued or held by a surety, financial institution,
				insurer, escrow agent, or other entity or individual authorized to conduct
				business in Oregon, and acceptable to the Commission, and may include, but is
				not limited to, a performance bond, an irrevocable letter of credit, a
				certified check, or cash.
Statutory/Other Authority: ORS Chapter 461 & Oregon
				  Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS
				  461.400, ORS
				  461.410,
				  ORS
				  461.420,
				  ORS
				  461.430  & ORS
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 38 - LOTTERY PROCUREMENT RULES › Section 177-038-0260 - Suspension of Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Suspension. The Lottery may suspend a Person from an Award of Lottery Contracts
			 for up to three years if:
(a) Contract
			 Performance: The Person has performed unsatisfactorily under a Contract or has
			 committed a material breach of a Contract.
(b) Contract Offense Conviction: The Person
			 has been convicted of a criminal offense resulting from obtaining, or
			 attempting to obtain, a public or private contract or subcontract, or resulting
			 from the performance of such contract or subcontract.
(c) Business Offense Conviction: The Person
			 has been convicted under state or federal statutes of embezzlement, theft,
			 forgery, bribery, falsification or destruction of records, receiving stolen
			 property or any other offense indicating a lack of business integrity or
			 business honesty that currently, seriously and directly affects the Person's
			 responsibility as a Contractor or that the Lottery determines may affect the
			 fairness, integrity, honesty, or security of the Lottery or any Lottery
			 games.
(d) Antitrust Conviction:
			 The Person has been convicted under state or federal antitrust
			 statutes.
(e) Workers' Compensation
			 or Employment Statute Violation: The Person does not carry worker's
			 compensation or unemployment insurance as required by statute.
(f) Other: The Lottery may attribute improper
			 conduct of an individual or entity or its affiliate or affiliates having a
			 contract with a Person to the Person for purposes of suspension determinations
			 where the impropriety occurred in connection with the individual's or entity's
			 duty for, on behalf of, or with the knowledge, approval, or acquiescence of,
			 the Person.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR Chapter 177 Division 40, the following
				definitions apply except as otherwise specifically provided in OAR Chapter 177
				or unless the context requires otherwise:
(1) "Age-controlled area" means an area where
			 a natural person who is under 21 years of age is prohibited from entering or
			 remaining as posted by either the Lottery or the Oregon Liquor and Cannabis
			 Commission.
(2) "Applicant" means a
			 person applying for a contract with the Lottery for the purpose of selling
			 Lottery tickets or shares to the public, and any key person.
(3) "Application" means the forms, documents,
			 or other information that the Lottery requires an applicant to submit to the
			 Lottery in order to apply for or maintain a retailer contract.
(4) "Business" includes:
(a) A commercial activity engaged in for
			 profit or gain; or
(b) The activity
			 engaged in by a nonprofit organization; or
(c) The activity engaged in by a private club
			 as described in ORS
			 471.175(8).
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0001 - General Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: Any person may request an
			 application from the Lottery. See OAR 177-040-0017  for additional requirements
			 that apply to some Video Lottery Retailer Contract applications.
(2) Disclosure Required: The Director may
			 require any degree or type of disclosure necessary of the applicant or any
			 other person in order to ensure the fairness, integrity, security, and honesty
			 of the Lottery. An applicant must disclose to the Lottery all information
			 required by the Director.
(3)
			 Application Required: An applicant must file a complete application with the
			 Oregon Lottery. The applicant must provide a complete personal disclosure,
			 including documents and other information requested by the Lottery relating to
			 the applicant's personal, financial, and criminal background and an applicant's
			 associations with other persons. The application shall also include, but not be
			 limited to:
(a) Authorization: An
			 authorization, signed by the applicant, to investigate the applicant.
(b) Consent: Written consent to allow the
			 examination of all accounts and records to be considered by the Director to be
			 material to the application.
(c)
			 Disclosure: Disclosure of the source of funds, financing, and business income
			 used for the purchase and operation of the applicant's business.
(d) Premises Ownership: If the premises are
			 not wholly owned by the applicant, the applicant shall furnish to the Lottery:
(A) Any document requested by the Lottery
			 showing the applicant is entitled to possession of the premises; and
(B) Such other information as the Lottery may
			 require.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0003 - Application for Temporary Lottery Retailer Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: For the purposes of this rule,
			 "temporary retailer contract" means a contract issued to a retailer for a
			 temporary period. A temporary retailer contract may be formed subject to such
			 special terms, conditions, or limitations as the Director may deem
			 prudent.
(2) Video Lottery
			 Limitations: Video Lottery retailer contract applications are eligible for
			 temporary contracts if both of the following apply and other requirements of
			 this rule are met:
(a) The contract for a
			 retailer premises is being terminated due to sale of business, change of
			 ownership, or 100% stock buyout, and the resulting contract application is for
			 the same retailer premises and the network service line is not removed from the
			 retailer premises.
(b) The
			 applicant and the applicant's business must qualify for the type of Lottery
			 sales sought by the applicant. For example, if the applicant seeks a contract
			 to offer Video Lottery games, the business must have an appropriate liquor
			 license and an age-controlled area that meets the Lottery's requirements. In
			 addition, the business must not be operating as a casino as described in OAR
			 177-040-0061.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0005 - Criteria Precluding Entering Into a Contract

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery will not enter into a retailer contract when an
				applicant:
(1) Age: Is under 18 years
			 of age for a traditional Lottery retailer contract or under 21 years of age for
			 a Video LotterySM retailer contract.
(2) Exclusivity: Will be engaged exclusively
			 in the business of selling Lottery tickets or shares.
(3) Lottery Employee: Is an employee of the
			 Lottery.
(4) Supplier/Manufacturer:
			 Is or will be owned or controlled by any entity or any subsidiary or parent
			 corporation thereof, that is a supplier of instant tickets or a manufacturer of
			 computer equipment used to determine winners in Lottery games.
(5) Unauthorized Entity: Is a corporation or
			 other form of business that is not incorporated in Oregon or is a person, a
			 partnership, a corporation, or other form of business that is not authorized to
			 work or to do business in Oregon.
(6) Smoking: Operates a business where
			 selling Lottery tickets or shares would expose Oregon State Lottery employees,
			 representatives, or agents, or Lottery equipment, terminals, tickets, or shares
			 to a smoking environment, as defined in OAR
			 177-045-0000.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461