Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0060 - Vendor Application and Contract Disclosure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: The Director may require any degree or type of disclosure
			 deemed necessary to assure the security and integrity of the Lottery and
			 Lottery games.
(2)
Forms and
			 Procedures
: The Director shall approve all the forms and procedures to
			 be used by all Vendors who wish to apply for approval to be a Lottery
			 Contractor.
(3)
Vendor
			 Submission
: A Vendor must complete the required application for approval
			 to be a Lottery Contractor and provide any information and disclosures
			 required, as determined by the Director and the Assistant Director of Security
			 within the guidelines and timelines set forth in the Solicitation Document or
			 as otherwise required by the Director and the Assistant Director for
			 Security.
(4)
Complete
			 Disclosure Required
: The Director may reject an application for approval
			 to be a Lottery Contractor if the Vendor has not provided all the information
			 and disclosures required to be submitted or if any of the information or
			 disclosures submitted is not accurate, current, or truthful.
(5)
Continuing Disclosure
			 Requirement
: If during the evaluation period for an Offer or Proposal
			 there are any changes to the information or disclosures submitted, a Vendor
			 must update the information as soon as possible. After the Award, a Vendor
			 selected must immediately update any changes to the information or disclosures
			 submitted.
(6)
Status
			 Changes
: Unless other standards are established in a Contract, during
			 the term of the Contract any changes in the status of the Contractor, the
			 status of a Control Person, or any employee or subcontractor for which
			 information or disclosures were submitted, or the addition of any other Control
			 Person, or the addition of any employee or subcontractor who may have access to
			 sensitive or secure Lottery information, must be reported to the Director
			 within thirty days of the known change. Those whose status has changed or who
			 have been added as a Control Person or added as an employee or subcontractor
			 who the Lottery determines may have access to sensitive or secure Lottery
			 information will be required to submit the required information and
			 disclosures. If there has been no change in Vendor status or Control Persons,
			 the Vendor is required to certify annually on their vendor Contract anniversary
			 date that there has been no change.
(7)
Burden of Proof
: The burden
			 of proof for satisfying the Lottery's disclosure requirements resides with the
			 Vendor or Contractor.
(8)
Vendor Consent
: Each Vendor who submits an application for
			 approval to be a Lottery Contractor must consent in writing to the examination
			 of all accounts, bank accounts, and Vendor records under the Vendor's
			 possession or control. If required by the Director, a Vendor must permit an
			 inspection of any portion of the Vendor's business premises deemed necessary by
			 the Lottery.
(9)
Investigation Costs
: As authorized under ORS
			 461.700(2), the
			 Director may charge a Vendor an amount necessary to reimburse the Lottery for
			 the costs associated with conducting the security background investigation if
			 the Director determines the costs of the investigation exceed the usual costs
			 of such investigation.
(10)
Acceptance of Risk
: Each Vendor or Contractor must accept any risk
			 of adverse public notice, embarrassment, criticism, damages, or financial loss,
			 including any publication or use by a third party, which may result from the
			 disclosure or use by Lottery of any information or document submitted by the
			 Vendor or Contractor. By submitting a Vendor application for approval to be a
			 Lottery Contractor to the Lottery, the Vendor or Contractor expressly waives
			 any claim against the State of Oregon, including the Lottery, the Director, the
			 Commission, the Department of State Police, and their officers and employees
			 for any and all damages resulting from the use or disclosure of any information
			 or documents submitted to Lottery or from the use or disclosure of any
			 information obtained by Lottery as a result of the security background
			 investigation.
(11)
Indemnification
: By submitting an application for approval to be a
			 Lottery Contractor to the Lottery, the Vendor or Contractor agrees to
			 indemnify, defend, and hold harmless the State of Oregon, the Lottery
			 Commission, the Lottery, the Department of State Police, their agents,
			 officers, employees, and representatives, from and against all claims, suits,
			 actions, losses, damages, liabilities, costs, and expenses arising out of, or
			 relating to, the use or disclosure of any information or disclosures submitted
			 in the application for approval to be a Lottery Contractor or from the use or
			 disclosure of any information obtained by Lottery as a result of the security
			 background investigation. The Vendor's or the Contractor's obligations include,
			 but are not limited to, any and all losses, damages, liabilities, settlements,
			 judgments, fines, costs, fees, and expenses of any nature whatsoever,
			 including, but not limited to, attorneys and other professional fees at trial
			 and on appeal.
(12)
Chain of
			 Custody
: All required information and disclosures must be submitted in a
			 secure manner and may only be opened for review by the Assistant Director for
			 Security or his designee, or by the Director.
(13)
Submission Constitutes
			 Consent
: By submitting an Offer or Proposal, a Vendor binds itself, its
			 officers, employees, agents, and any subcontractors to comply with all
			 disclosure requirements established by the Director. Failure or refusal to
			 comply with any applicable requirement may result in denial or revocation of a
			 Contract Award. In the event of denial or revocation of the Award due to
			 refusal or failure to comply with any applicable disclosure requirement set
			 forth in these rules, the Vendor is liable under the bid bond or shall forfeit
			 any security posted for the procurement.
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440