reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0400 - Monte Carlo Events in General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All personnel conducting a Monte Carlo
			 event shall be:
(a) Volunteers or employees
			 of a non-profit tax exempt organization licensed to conduct Monte Carlo events
			 pursuant to OAR 137-025-0420;
(b)
			 Volunteers or employees of a non-profit tax exempt organization exempted from
			 the requirement to hold a Monte Carlo event license pursuant to OAR
			 137-025-0040(2)(d); or
(c)
			 Employees or individual independent contractors of a Monte Carlo event
			 contractor licensed pursuant to OAR 137-025-0420.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0405 - Classes of Monte Carlo Charitable Games Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "Class A" Monte Carlo license shall
			 authorize a licensee to conduct Monte Carlo events with a gross handle of more
			 than $10,000 per event throughout the license year, but shall not exceed 7
			 events per license year.
(2) A
			 "Class B" Monte Carlo license shall authorize a licensee to conduct Monte Carlo
			 events throughout the license year with (a) the handle for each such event not
			 to exceed $5,000 per event, but shall not exceed 7 events per license year; or
			 (b) the handle for each such event not to exceed $10,000 per event, but shall
			 not exceed 2 events per license year.
Stat. Auth.: ORS 914
Stats. Implemented: HB 3009,
				  1997
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0410 - Application for Monte Carlo Event License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for a Monte Carlo license
			 or license renewal shall be made on a form prescribed by the Department, shall
			 be signed by a responsible official of the organization, and must be
			 accompanied by the license application fee as provided in section (3) of this
			 rule. The Department shall reject applications which are incomplete, are not
			 accompanied by the documents required by this section, or are not accompanied
			 by a sufficient license fee. An applicant shall be immediately notified of any
			 such deficiencies. The license application shall include the following
			 information:
(a) The name, address and
			 telephone number of the organization;
(b) A statement of the purposes for which the
			 money received from the Monte Carlo events will be used;
(c) A statement as to whether or not the
			 organization has had a license to operate bingo or raffle games or Monte Carlo
			 events denied, revoked or suspended by the State of Oregon or any other
			 licensing authority; and
(d) The
			 full names and addresses of the responsible officials of the
			 organization.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0415 - Application for Monte Carlo Supplier/Event Contractor License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 for a Monte Carlo equipment supplier and a Monte Carlo event contractor license
			 or license renewal shall be made on a form prescribed by the Department, shall
			 be signed by a responsible official of the organization, and must be
			 accompanied by the license application fee as provided in section (3) of this
			 rule. The Department shall reject applications which are incomplete, are not
			 accompanied by the documents required by this section, or are not accompanied
			 by a sufficient license fee. An applicant shall be immediately notified of any
			 such deficiencies. The license application shall include the following
			 information:
(a) The name, address and
			 telephone number of the organization;
(b) A statement as to whether or not the
			 organization has had a license to provide equipment or services for Monte Carlo
			 events, bingo or raffle games denied, revoked or suspended by the State of
			 Oregon or any other licensing authority; and
(c) The full names and addresses of the
			 responsible officials of the organization.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0420 - Issuance of License to Conduct Monte Carlo Events or Supply Equipment and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Within 60 days after the filing of a
			 completed application for a license or license renewal pursuant to OAR
			 137-025-0410  or 137-025-0415, the Department shall either issue a license or
			 notify the applicant in writing, in accordance with ORS
			 183.310 to
			 183.550, that the license has
			 been denied, and that the applicant is entitled to a hearing.
(b) The license shall be effective for one
			 year from the date it is issued and may be renewed annually.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0425 - Monte Carlo License Renewal and Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60 days prior to the expiration of
			 an existing Monte Carlo event license or a Monte Carlo equipment supplier or
			 event contractor license, the licensee may apply to the Department to renew the
			 license. The application and fee shall be the same as for the initial
			 license.
(2) A Monte Carlo event
			 licensee shall not exceed the class limit for gross receipts:
(a) If a Class B licensee desires to conduct
			 games with sales in excess of $5,000 the limits described in OAR
			 137-025-0405(2),
			 it shall notify the Department and shall apply for a Class A license,
			 submitting the basic fee required for that class less the amount originally
			 submitted for the previous license;
(b) Any such additional license issued by the
			 Department shall be valid only for the period which remains in the term of the
			 previous license at the time such additional license is issued.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0430 - Conduct of Monte Carlo Events in General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person, corporation, or organization
			 desiring to conduct Monte Carlo events shall:
(a) Comply with and meet all applicable
			 provisions of ORS 128.610 et seq.,
			 167.117 et seq.,
			 464.250 et seq., OAR 137-025 et
			 seq. and the applicable provisions of all other state, federal, and local
			 laws.
(b) Be issued and maintain
			 all applicable local licenses.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0435 - Notice of Monte Carlo Event

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At least 10 days prior to conducting a Monte Carlo event, each Monte Carlo
			 licensee shall submit to the Department a completed Monte Carlo event notice
			 for all Monte Carlo events where sales of imitation money are intended to
			 exceed $5,000.
(2) The notice shall
			 be submitted on a form to be obtained from the Department. The information to
			 be submitted shall include:
(a) The name of
			 the organization;
(b) The
			 organization's Monte Carlo event license number;
(c) The location, date and time for the
			 event;
(d)
(A) A description of; and
(B) The retail value of the prizes to be
			 awarded which exceed $100 in value;
(e) A description of the manner in which
			 imitation money may be redeemed for prizes.
(f) The name and address of any supplier of
			 rented Monte Carlo equipment and/or any Monte Carlo event contractor that will
			 conduct the event. A copy of any contract for such equipment or services shall
			 accompany the notice.
(g) The name
			 and address of the facility where the Monte Carlo event will be held. A copy of
			 the contract for such facility shall accompany the notice.
(h) A listing of which types of games will be
			 offered in accordance with OAR 137-025-0460.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0440 - Monte Carlo Equipment Supplier/Event Contractor Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Monte Carlo
			 event contract with a licensed Monte Carlo equipment supplier and/or a Monte
			 Carlo event contractor shall include, but not be limited to the following:
(a) Name and license number of the non-profit
			 tax exempt organization which will conduct the event;
(b) Name and license number of the Monte
			 Carlo equipment supplier and/or Monte Carlo event contractor;
(c) Date, times and location of events to be
			 conducted;
(d) Detailed list of
			 games to be conducted;
(e)
			 Description of gaming equipment including number of gaming tables to be
			 supplied;
(f) All rental terms and
			 conditions including contract price;
(g) Number of dealers or other workers
			 supplied, if any; and
(h) Signature
			 and name of official of each party to the contract.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0450 - Purchase/Sale of Monte Carlo Imitation Money

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Imitation money shall be sold only by
			 bona fide members or employees of the licensee organization. No imitation money
			 shall be sold, or cash handled, by a Monte Carlo event contractor, their
			 agents, or employees regardless of whether said person is a member of the
			 licensed charitable, fraternal, or religious organization.
(2) All imitation money sold for use at a
			 Monte Carlo event shall be identifiable as sold by the particular licensee or
			 event contractor operating the event. A licensee may not collect from any
			 player a sum in excess of $500 per event for the purchase of imitation money
			 for use at such Monte Carlo event.
(3) A Class A licensee shall follow the
			 following described procedures in the sale of imitation money to Monte Carlo
			 players.
(a) Each player shall receive a
			 player identification card. The cards shall be sequentially numbered and the
			 player's name shall be completed on the card. The player's name shall also be
			 entered next to the same sequential number on a form prescribed by the
			 department.
(b) The player
			 identification card shall contain incremental amounts of money, the total of
			 which shall not exceed $500. Each time the player purchases imitation money,
			 the licensee's seller shall cancel an amount on the card equal to the amount
			 paid by the player.
(c) The
			 licensee shall make good faith efforts to collect all player identification
			 cards before the close of the event.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0455 - Monte Carlo Event Prizes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No cash prize shall be offered or awarded. Once purchased, imitation money
			 cannot be redeemed for cash or cash equivalent.
(2) No prize shall be offered or awarded with
			 a retail market value in excess of $50,000 and the retail market value of
			 prizes offered or awarded to Monte Carlo players shall not exceed $100,000 per
			 event.
Stat. Auth.: ORS 914
Stats. Implemented: HB 3009,
				  1997
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0460 - Authorized Games

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During a Monte
			 Carlo event, an organization may conduct only the following authorized games of
			 chance without prior written approval from the Department:
(a) Blackjack;
(b) Roulette;
(c) Craps;
(d) Caribbean stud poker;
(e) Let it ride;
(f) Wheel of fortune;
(g) Red dog;
(h) Jackpot;
(i) Pai gow; and
(j) Texas Hold'em.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0470 - Monte Carlo Event Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Monte Carlo event licensee shall file an annual report with the Department of
			 Justice no later than 60 days after the end of the license year. The report
			 shall be on a form prescribed by the Department. The report shall include the
			 following information:
(a) The number of
			 Monte Carlo events held during the license year;
(b) The date of each event;
(c) The total Monte Carlo imitation money
			 sales of each event;
(d) The total
			 Monte Carlo expenses relating to the conduct of each event;
(e) The total cost to the licensee of all
			 Monte Carlo prizes awarded;
(f) For
			 purposes of this rule, if other activities are held at the event, the licensee
			 may make a reasonable allocation between the Monte Carlo and non-Monte Carlo
			 activities.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0475 - Monte Carlo Event Records

Current through Register Vol. 63, No. 7, July 1, 2024
A Monte Carlo event licensee shall maintain the following
				records or information on forms prescribed by the department, with regard to
				individual Monte Carlo events and retain the information for a period of three
				years:
(1) In the case of a Class A
			 licensee, the information relating to the sale of imitation money at each Monte
			 Carlo event required by OAR 137-025-0450(3). In the case of a class B licensee,
			 information sufficient to establish gross sales of imitation money at each
			 Monte Carlo event.
(2) All Monte
			 Carlo expenses relating to the conduct of each Monte Carlo event;
(3) A description of all Monte Carlo prizes
			 offered in conjunction with each Monte Carlo event, and the retail value of
			 each prize which is valued at $200 or more. In addition, the licensee shall
			 maintain a record of the name and address or other contact information provided
			 by the prize winner. A Monte Carlo licensee shall maintain copies of receipts
			 from the vendor relating to the purchase of all noncash prizes awarded with a
			 retail value of more than $500. For all other noncash prizes advertised as
			 having a retail value of more than $500, the licensee shall maintain records
			 identifying the prize, the donor or other source of the prize, and the basis
			 for determining the prize's retail value;
(4) Any contract with a licensed supplier of
			 Monte Carlo event equipment and/or a licensed Monte Carlo event
			 contractor;
(5) Any contract for
			 rental/use of premises for the event; and
(6) Copies of IRS forms W-2G and 5754 to the
			 extent such forms were required to be completed in connection with the awarding
			 of a Monte Carlo prize.
Statutory/Other Authority: ORS
				  464.250
Statutes/Other Implemented: HB 3009, 1997 & ORS
				  464.250
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0480 - Monte Carlo Event Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 annual Monte Carlo reports filed with the Department shall be accompanied by a
			 fee, made payable to the Department of Justice, of 1 percent of the Monte Carlo
			 handle listed in the report. A delinquency fee of $20 or one percent of the fee
			 described above, whichever is greater, shall be paid by the licensee if the
			 report or regular fee is not delivered to the Department by the due date. The
			 minimum delinquency fee shall increase to $50 after 60 days from the due date
			 of the report.
(2) When the filing
			 date for reports and fees falls on a Saturday, Sunday or legal holiday, the due
			 date is the next business day following the Saturday, Sunday or legal
			 holiday.
Statutory/Other Authority: ORS
				  464.250
Statutes/Other Implemented: HB 3009, 1997 & ORS
				  464.250
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0500 - Suspension, Revocation and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After notice and opportunity for hearing,
			 as provided in ORS
			 183.310 to
			 183.550, the Department
			 may assess a civil penalty not to exceed $10,000 and may deny, revoke, suspend
			 or refuse to renew any license or permit, for conduct as specified in ORS
			 464.470.
			 In setting the amount of the civil penalty or the term of suspension, the
			 Department shall consider the nature of the violation and whether the
			 applicant, licensee, permit holder, or person with an interest in the bingo or
			 raffles operation or proposed operation knew or should have known that the
			 conduct constituted grounds for such action.
(2) The Department may take actions as
			 specified in subparagraph (1) for conduct as describe in ORS
			 464.470.
			 Such conduct includes, but is not limited to:
(a) Violating ORS
			 167.117,
			 167.118,
			 ORS Chapter 464, or these rules;
(b) Denying representatives of the Department
			 or any law enforcement officer access to a location where a licensee conducts
			 bingo, raffle or Monte Carlo game activity, or failing to promptly produce for
			 the preceding officials for inspection or audit any records or receipts related
			 to bingo, raffle or Monte Carlo operations;
(c) Misrepresenting or failing to disclose to
			 the Department any material fact;
(d) Failing to file completed reports or pay
			 fees within 30 days after receiving notification from the Department of a
			 delinquency; and
(e) Operating a
			 bingo, raffle game, or Monte Carlo event without a license, unless exempt under
			 OAR 137-025-0040;
(f) Failing to
			 maintain an adequate financial record keeping system and/or failure to keep
			 accurate financial books and records.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0520 - Model APA Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act, effective September 15, 1997, are by this
				reference adopted as the rules and procedures for carrying out ORS
				167.117, ORS
				167.118 and ORS Chapter 464,
				except as otherwise specifically provided herein.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the Department of
				  Justice.
Stat. Auth.: ORS 914
Stats. Implemented: HB 3009,
				  1997
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 25 - BINGO/RAFFLES/MONTE CARLO › Section 137-025-0530 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 137-025-0010 is repealed, effective January 1, 1988.
(2) OAR 137-025-0020  to 137-025-0030,
			 137-025-0050  to 137-025-0110, 137-025-0190  to 137-025-0230  and 137-025-0330
			 shall take effect on November 1, 1987.
(3) OAR 137-025-0040, 137-025-0120  to
			 137-025-0180  and 137-025-0240  to 137-025-0320 shall take effect on January 1,
			 1988.
(4) The amended fee schedule,
			 to take effect on January 1, 2007, shall apply as follows:
(a) For licensees/permit application fees,
			 for licensees/permits which expire after December 31, 2007; and
(b) For report fees, for licensee reporting
			 periods ending after December 31, 2006.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 137, division
				045:
(1) "Agency" means " State
			 agency" as defined in ORS
			 291.045.
(2) "Agency Contract Administration" means an
			 action undertaken by an Agency in accordance with the terms of a Public
			 Contract that does not amend the terms of a Public Contract other than as set
			 forth in subsections (b) or (c) below. Agency Contract Administration does not
			 include an assignment of rights or delegation of duties under a Public Contract
			 to a third party. Examples of Agency Contract Administration include, but are
			 not limited to, actions that result in:
(a) A
			 notice to proceed, the exercise of an option, or any other exercise of a
			 contractual right, whereby the Agency causes a Public Contract to be
			 implemented in accordance with its terms;
(b) Changes only to named individuals and
			 their contact information, such as authorized representatives, project managers
			 or key persons even if those names and contact information are contained in the
			 Public Contract; or
(c) Changes to
			 correct typographical or other unintentional mistakes made in the drafting of a
			 contract, or changes to correct the identifying information of the Public
			 Contract used by the agency for administrative purposes, such as the agency's
			 contract number.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0020 - Mixed Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
A mixed Public Contract requires the contractor to render
				certain services and provide the Agency with other kinds of services, goods or
				products. Classification of a mixed Public Contract as a Personal Services
				Contract, Architectural and Engineering Services Contract, Information
				Technology Contract, or other kind of Public Contract is determined by the
				mixed Public Contract's predominant purpose. A mixed Public Contract's
				predominant purpose is determined by whether the majority of the amounts paid
				or received under the mixed Public Contract will be for a particular kind of
				service (personal, architectural, engineering, land surveying or related
				services, Information Technology, or other kinds of service) or for the
				acquisition of goods or products.
Statutory/Other Authority: ORS
				  291.047(3)
Statutes/Other Implemented: ORS
				  291.045,
				  291.047 & OL 1997 & Ch.
				  869
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0030 - Review of Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as described in section (2), before a Public Contract is binding on the
			 State of Oregon, and before any service may be performed or payment may be made
			 under the Public Contract, the Attorney General must approve for legal
			 sufficiency in accordance with these rules:
(a) Any Public Contract that is for or
			 includes the acquisition of Information Technology that requests or provides
			 for payment in excess of $150,000;
(b) Any Public Contract other than those
			 described in subsection 1(a) above that requests or provides for payment in
			 excess of $250,000;
(c) An
			 amendment to a Public Contract described in subsection (1)(a) or 1(b), unless
			 these rules otherwise exempt the amendment from such approval; or
(d) An amendment to a Public Contract that
			 makes the amended Public Contract subject to legal sufficiency approval under
			 subsection (1)(a) or 1(b).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0050 - Exemptions from Legal Sufficiency Approval Based on Risk Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General has determined that the degree of risk to
				Agencies is not materially reduced by legal review and approval of certain
				Public Contracts. The Attorney General exempts from the legal sufficiency
				approval requirement under ORS
				291.047 the Public Contracts
				listed below:
(1) Adoption Assistance
			 Agreements. A document of understanding between the Oregon Department of Human
			 Services and adoptive parents of a special needs child as defined under title
			 IV-E at section 473(c) of the Social Security Act.
(2) Amendments to Public Contracts other than
			 for Public Improvements, Public Works, and Loans. A written amendment to a
			 Public Contract that is not for a Public Improvement, Public Works, or loan, if
			 (a), (b) and (c) below apply:
(a) The Public
			 Contract being amended was approved for legal sufficiency.
(b) The amendment only modifies the Public
			 Contract or any related payment amounts in one or more of the following ways:
(A) Amends the Statement of Work to require
			 the contractor to provide additional or fewer goods, services, or other work
			 that are specified by Last Reviewed Contract; or
(B) Amends the expiration date of the Public
			 Contract; Technical Specifications; time; or place, quantity or form of
			 delivery, or price; or
(C) Any
			 provisions as specified in writing at the time of approval by the Assistant
			 Attorney General who provided legal sufficiency approval of the Last Reviewed
			 Contract, based on the Assistant Attorney General's finding that the degree of
			 risk assumed by the Agency will not be materially reduced by legal review and
			 approval of the provisions.
(c) The aggregate increase in payments
			 scheduled to be made by the Agency, or the aggregate decrease in payments
			 scheduled to be received by the Agency, under the amendment, and all prior
			 amendments exempted from the legal sufficiency approval requirement under this
			 section subsequent to the Last Reviewed Contract, does not exceed the greater
			 of:
(A) $250,000; or
(B) Any limits specified in writing at the
			 time of legal sufficiency approval of the Last Reviewed Contract by the
			 Assistant Attorney General based on their finding that the degree of risk
			 assumed by the Agency will not be materially reduced by review of amendments
			 that do not increase payments over the limits specified by the Assistant
			 Attorney General.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0052 - Exemptions from ORS 190.430 and ORS 190.490 review

Current through Register Vol. 63, No. 7, July 1, 2024
Contracts that are not subject to the requirement for legal
				sufficiency review and approval under ORS
				291.047 or these chapter 137,
				division 045 rules are exempt from the Attorney General review requirements
				under ORS 190.430 and
				190.490.
Statutory/Other Authority: ORS
				  190.430 & 190.490
Statutes/Other Implemented: ORS
				  190.430 &
				  190.490
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0060 - Class Exemptions Based on Attorney General's Pre-Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney
			 General may exempt Public Contracts falling within a class from the legal
			 sufficiency approval requirement. The Attorney General delegates to the Chief
			 Counsel of the General Counsel Division and the Attorney-in-Charge of the
			 Business Transactions Section the authority to exempt Public Contracts falling
			 within a class, and to otherwise act on behalf of the Attorney General, in
			 accordance with this rule. The Chief Counsel of the General Counsel Division
			 may delegate this authority to Assistant Attorneys General, subject to any
			 limitations established by the Chief Counsel.
(2) An Agency requesting an exemption for
			 Public Contracts falling within a class must submit a written request to the
			 Attorney General in the same manner that Agencies submit other requests for
			 review and approval of Public Contracts under these Division 045 rules. The
			 request must be signed by an executive officer of the Agency who is responsible
			 for oversight of the subject Public Contracts and must be include:
(a) A statement that the exemption request is
			 made pursuant to this rule;
(b)
			 Citation to the requesting Agency's statutory authority for procuring and
			 entering into the Public Contracts within the class;
(c) A description of the nature of the
			 business proposed to be transacted under Public Contracts within the class, and
			 the extent to which such business is or is not substantially the same from
			 transaction to transaction within the class;
(d) A description of the circumstances in
			 which the Public Contracts within the class will be used;
(e) Either:
(A) Samples of the proposed form or forms of
			 the Public Contracts within the class, any form of amendment, and the form
			 purchase order or other ordering instrument, if any, to be used in connection
			 with the Public Contracts within the class; or
(B) A request that the Attorney General
			 assist the Agency in developing the form or forms of the Public Contracts
			 within the class, any form of amendment, and the form purchase order or other
			 ordering instrument to be used in connection with the Public Contacts within
			 the class;
and
(f) A description of the Agency's internal
			 contract approval process and signatures required for the Public Contracts
			 within the class.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0070 - Emergency Public Contract Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Public Contract entered into in an
			 Emergency is exempt from the legal sufficiency approval requirement.
(2) An Agency that enters into a Public
			 Contract that is exempt under section (1) of this rule must prepare and
			 maintain in its files documentation that contains:
(a) A concise summary of the circumstances
			 that constitute the Emergency and the character of the risk of loss, damage,
			 interruption of services or threat to public health or safety created or
			 anticipated to be created by the Emergency circumstances;
(b) A statement of the reason or reasons why
			 the prompt execution of the proposed Public Contract was required to deal with
			 the risk created or anticipated to be created by the Emergency
			 circumstances;
(c) A brief
			 description of the services or goods to be provided under the Public Contract,
			 together with its anticipated cost; and
(d) A brief explanation of how the Public
			 Contract, in terms of duration, services or goods provided under it, was
			 restricted to the scope reasonably necessary to adequately deal only with the
			 risk created or anticipated to be created by the Emergency
			 circumstances.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0080 - Authorization of Services Prior to Legal Sufficiency Approval

Current through Register Vol. 63, No. 7, July 1, 2024
At an Agency's request and upon the Agency's compliance with
				the procedures set forth in this rule, the Attorney General, through the
				Attorney in Charge of the Business Transactions Section, or other Assistant
				Attorney General designated by the Chief Counsel of the General Counsel
				Division, may authorize services to be performed under specific types of
				written Public Contracts or under written Public Contracts for specific Agency
				programs, before legal sufficiency approval as follows:
(1) An Agency requesting authorization for
			 performance of services under Public Contracts prior to legal sufficiency
			 approval must submit a written authorization request signed by an executive
			 officer of the Agency who is responsible for oversight of the Public Contracts
			 to the Attorney in Charge of the Business Transactions Section or other
			 Assistant Attorney General designated by the Chief Counsel of the General
			 Counsel Division. The request must include:
(a) A statement that the authorization
			 request is made pursuant to this rule;
(b) A description of the specific type of
			 Public Contracts within the authorization request and a description of the
			 circumstances in which the Agency will use these Public Contracts, or a
			 description of the specific program for which the Agency will use the Public
			 Contracts to be covered by the authorization;
(c) A citation to the requesting Agency's
			 statutory authority for entering into the specific type of Public Contracts to
			 be covered by the authorization;
(d) The form of Public Contracts comprising
			 the type of Public Contracts within the exemption request or the form of Public
			 Contracts used for the specific Agency program;
(e) A description of the Agency's internal
			 contract approval process and the signatures required for the type of Public
			 Contracts within the authorization request; and
(f) Any other information that the Attorney
			 General requests in connection with the authorization request.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 45 - REVIEW OF PUBLIC CONTRACTS › Section 137-045-0090 - Ratification of Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
Before ratifying a Public Contract under ORS
				291.049, an Agency shall do all
				of the following:
(1) Submit to the
			 Attorney in Charge, of the Business Transactions Section or other Assistant
			 Attorney General designated by the Attorney in Charge of the Business
			 Transactions Section or the Chief Counsel of the General Counsel Division, a
			 copy of the Public Contract and the proposed ratification document. Following
			 the approval of the Public Contract pursuant to section (3) of this rule an
			 executive officer of an Agency who is responsible for oversight of the Public
			 Contract may ratify the Public Contract by signing the ratification
			 document.
(2) The ratification
			 document submitted pursuant to section (1) of this rule must contain:
(a) An explanation of why performance began
			 before the Public Contract was approved by the Attorney General for legal
			 sufficiency;
(b) A description of
			 the steps being taken to prevent similar occurrences in the future;
			 and
(c) A proposed ratification of
			 the Public Contract.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0100 - Content and General Application; Federal Law Supremacy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These Model
			 Rules are rules of procedure for Public Contracting as required under ORS
			 279A.065 and consist of the
			 following four divisions:
(a) This division
			 46, which applies to all Public Contracting;
(b) Division 47, which describes procedures
			 for Public Contracting for Goods, Services and Personal Services other than
			 Architectural, Engineering and Land Surveying Services and Related
			 Services;
(c) Division 48, which
			 describes procedures for Public Contracting for Architectural, Engineering and
			 Land Surveying Services and Related Services; and
(d) Division 49, which describes procedures
			 for Public Contracting for Construction Services.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0120 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Contracting Agencies subject to the Code shall conduct Public
				Contracting to further the policies set forth in ORS
				279A.015, elsewhere in the Code,
				and in these Model Rules.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.015 & ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0130 - Application of the Code and Model Rules; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as set forth in this section, a
			 Contracting Agency shall exercise all procurement authority related to Public
			 Contracting in accordance with the Code and the Model Rules.
(2) A Contracting Agency that has
			 specifically opted out of the Model Rules and adopted its own rules of
			 procedure for Public Contracting pursuant to
			 279A.065 in the exercise of its
			 own contracting authority is not subject to these Model Rules, except for those
			 portions of the Model Rules that the Contracting Agency has prescribed for its
			 own use for Public Contracting and except for those portions of the Model Rules
			 pertaining to the procurement of Construction Manager/General Contractor
			 Services under ORS 279A.065(3),
			 where the Contracting Agency is not permitted to opt out of the Model Rules.
(3) Contracts or classes of
			 Contracts for Personal Services of a Local Contracting Agency designated as
			 such by the Local Contracting Agency's Local Contract Review Board pursuant to
			 ORS 279A.055, are not subject to
			 these Model Rules, unless the Local Contracting Agency adopts OAR 137-047-0250  through 137-047-0290  as the procedures the Local Contracting Agency will use to
			 screen and select persons to perform Contracts for Personal Services other than
			 Architectural, Engineering and Surveying Services and Related Services.
(4) These Model Rules do not apply
			 to the Contracts or the classes of Contracts described in ORS
			 279A.025(2).
(5) These Model Rules do not apply
			 to the contracting activities of the public bodies listed in ORS
			 279A.025(3).
(6) Contracting Agencies otherwise
			 subject to the Code and these Model Rules may enter into Contracts for Goods or
			 Services with non-profit agencies providing employment opportunities for
			 individuals with disabilities pursuant to ORS
			 279.835 through
			 279.855 without following the
			 source selection procedures set forth in either
			 279A.200 through
			 279A.225, or
			 279B.050 through
			 279B.085. However, Contracting
			 Agencies must enter into such Contracts in accordance with administrative rules
			 promulgated by the Department.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.050,
				  279A.055,
				  279A.065 &
				  279A.180
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0200 - Notice to Governor's Policy Advisor for Economic and Business Equity

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS 200.035, State Contracting Agencies
				shall provide timely notice of all Procurements and Contract Awards to the
				Governor's Policy Advisor for Economic and Business Equity if the estimated
				Contract Price exceeds $10,000.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 200.035, OL 2015, ch 325 (HB
				  2716)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0210 - Subcontracting to and Contracting with Emerging Small Businesses; Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 279A.105, a subcontractor
			 certified under 200.055 as an emerging small
			 business is located in or draws its workforce from economically distressed
			 areas if:
(a) Its principal place of business
			 is located in an area designated as economically distressed under
			 administrative rules adopted by the Oregon Business Development Department;
			 or
(b) The Contractor certifies in
			 a Signed Writing to the Contracting Agency that a substantial number of the
			 subcontractor's employees or subcontractors that will manufacture or provide
			 the Goods or perform the Services or Personal Services under the Contract
			 reside in an area designated as economically distressed under administrative
			 rules adopted by the Oregon Business Development Department. For the purposes
			 of making the foregoing determination, the Contracting Agency shall determine
			 in each particular instance what proportion of a Contractor's subcontractor's
			 employees or subcontractors constitutes a substantial number.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0252 - Personnel Employment Disclosure and Preference - State Agency Contracts for Goods or Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 authorized by ORS 279B.112, a state contracting
			 agency may state, in its Solicitation Documents for a procurement of goods or
			 services, that the state contracting agency will consider, and award a
			 preference based on, personnel deployment disclosures submitted by bidders or
			 proposers in response to the solicitation.
(2) A state contracting agency may not reject
			 a bidder or proposer on the ground that it submitted a non-responsive bid or
			 proposal solely due to the bidder's or proposer's failure to submit a personnel
			 employment disclosure. However, the state contracting agency may not apply the
			 preference authorized by ORS
			 279B.112 in favor of a bidder or
			 proposer that fails to submit a complete and accurate personnel disclosure form
			 with its bid or proposal on or before the date and time bids or proposals are
			 due.
(3) To qualify for the
			 application of the preference under ORS
			 279B.112, a bidder's or
			 proposer's personnel deployment disclosure form must state:
(a) The number of workers the bidder or
			 proposer and the bidder's or proposer's subcontractors will, if awarded a
			 contract, deploy to perform the overall contract work described in the
			 Solicitation Documents.
(b) The
			 number of workers the bidder or proposer and the bidder's or proposer's
			 first-tier subcontractors will, if awarded a contract, employ in this state to
			 perform contract work described in the Solicitation Documents.
(c) The number of jobs to be held by workers
			 employed by the bidder or proposer and by the bidder's or proposer's
			 subcontractors to perform the contract work described in the Solicitation
			 Documents that will be newly created jobs that result from the award of the
			 contract.
(d) The duration of the
			 work of any workers (stated in number of work days) who will be employed in
			 this state to perform contract work described in the Solicitation Documents for
			 all workers (including workers of first-tier subcontractors) for whom the work
			 duration will not be as long as the initial term of the contract.
(e) The rates of pay of all reported workers
			 (including workers of first-tier subcontractors), described either
			 individually, by position, or by job classification, who will be employed in
			 this state to perform contract work described in the Solicitation
			 Documents.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0300 - Preference for Oregon Goods and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tiebreaker Preference and Award When
			 Offers Are Identical. Under ORS
			 279A.120, when a Contracting
			 Agency receives Offers identical in price, fitness, availability and quality,
			 and chooses to Award a Contract, the Contracting Agency shall Award the
			 Contract based on the following order of precedence:
(a) The Contracting Agency shall Award the
			 Contract to the Offeror among those submitting identical Offers who is offering
			 Goods or Services, or both, or Personal Services, that are manufactured,
			 produced or to be performed in Oregon.
(b) If two or more Offerors submit identical
			 Offers, and they all offer Goods or Services, or both, or Personal Services,
			 that are manufactured, produced or to be performed in Oregon, the Contracting
			 Agency shall Award the Contract by drawing lots among the identical Offers. The
			 Contracting Agency 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.
(c) If the Contracting Agency receives
			 identical Offers, and none of the identical Offers offer Goods or Services, or
			 both, or Personal Services, that are manufactured, produced or to be performed
			 in Oregon, then the Contracting Agency shall award the Contract by drawing lots
			 among the identical Offers. The Contracting Agency 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 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0310 - Reciprocal Preferences

Current through Register Vol. 63, No. 7, July 1, 2024
When evaluating Bids pursuant to OAR 137-047-0255, 137-047-0257 or 137-049-0390  and applying the reciprocal preference provided under ORS
				279A.120(2)(b)
				a Contracting Agency may rely on the list prepared and maintained by the
				Department pursuant to ORS
				279A.120(4) to
				determine (i) whether the Nonresident Bidder's state gives preference to
				in-state bidders and (ii) the amount of such preference.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.120
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0320 - Preference for Recycled Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In comparing Goods from two or more
			 Offerors, if at least one Offeror offers Goods manufactured from Recycled
			 Materials, and at least one Offeror does not, a Contracting Agency shall select
			 the Offeror offering Goods manufactured from Recycled Materials if each of the
			 conditions specified in ORS
			 279A.125(2)
			 exists. When making the determination under
			 279A.125(2)(d),
			 the Contracting Agency shall consider the costs of the Goods following any
			 adjustments the Contracting Agency makes to the price of the Goods after
			 evaluation pursuant to OAR 137-046-0310.
(2) A Contracting Agency shall determine if
			 Goods are manufactured from Recycled Materials in accordance with standards
			 established by the Contracting Agency.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.125
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0330 - Federally Funded Transit Projects - Preference for Exceeding Federal Buy America Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 contracting agency, in its Solicitation Documents to award a contract for a
			 transit project that will be funded in whole or in part with funds from the
			 federal government or a federal government agency, may provide for the
			 application of a preference in favor of an Offeror whose bid or proposal
			 exceeds the applicable federal Buy America requirements.
(a) A contracting agency has discretion to
			 adjust the amount or character of the preference to account for variations in
			 the nature of the contract or project, and the degree to which each Offeror's
			 bid or proposal exceeds the federal Buy America requirements.
(b) For example, in an invitation to bid
			 procurement the contracting agency may authorize a range of preference price
			 percentages to account for the various degrees to which the bidders might
			 exceed the federal Buy America requirements. In no event, however, may the
			 percentage preference given to a bidder exceed ten percent of the total bid
			 price.
(c) Similarly, under a
			 request for proposals, the contracting agency may allocate and award evaluation
			 points to reflect the degrees to which the proposers might exceed the
			 applicable federal Buy America requirements. In no event, however, may those
			 percentage points exceed ten percent of the total number of points available
			 for award under the request for proposals.