reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0035 - Time For Receipt of Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Time
			 for the closing of bids: Bids shall be received in the designated place and
			 manner until the time set for the close of the receipt of bids. No bid shall be
			 received after the time appointed unless the time for the receipt of bids is
			 expanded in the manner set out below. The STATE's agent designated for the
			 receipt of bids shall determine when the time set for receipt has expired by
			 reference to a clock maintained by the STATE in the place designated for the
			 receipt of bids in the Invitation for Bids. In the absence of such a clock or
			 in the event that the agent determines that the clock is inaccurate, the agent
			 shall determine expiration of the time set for receipt of bids by whatever
			 means the agent determines to be appropriate under the circumstances. The
			 agent's determination shall not be subject to review.
(2) The time set for the receipt of bids may
			 be extended at the sole discretion of the STATE:
(a) By written amendment to the Notice of
			 Timber Sale which shall be effective when issued and which will be provided to
			 persons who have requested a copy of the Notice of Timber Sale; or
(b) orally prior to the time set for the
			 close of bids if the STATE's agent determines that events have occurred that
			 have restricted competition by preventing potential bidders from making a
			 submittal including but not limited to: road closures, unusually severe
			 weather, acts of God or acts of the public enemy, physical obstruction of
			 access to the bid depository and similar occurrences beyond the control of
			 bidders. Such postponement shall be confirmed in writing to each person who
			 submitted a bid and to persons who have requested a copy of the Notice of
			 Timber Sale on the next business day. The time for receipt of bids shall be
			 extended at least two business days from the day the notice is
			 issued.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0040 - Bid Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bid security
			 shall be supplied by bidder in an amount not to exceed 10 percent of the
			 appraised value in order to guarantee bidder adequately qualifies as required
			 by the Notice of Timber Sale.
(2)
			 Form of bid security. The following forms of bid security may be accepted by
			 the STATE:
(a) Cash;
(b) Cashier's check;
(c) Money order;
(d) Surety bond;
(e) Assignment of surety;
(f) Irrevocable letters of credit;
			 or
(g) Other securities as
			 determined acceptable by the STATE. Surety bonds must be executed on a standard
			 State form.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0045 - Pre-Bid Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
			 The STATE may hold pre-bid conferences with prospective bidders, prior to the
			 date and time set for solicitation closing, to explain contract requirements or
			 to conduct site inspections.
(2)
			 Required attendance. As a condition for bidding the STATE may require
			 attendance at the pre-bid conference. When applicable, this requirement shall
			 be contained on the Notice of Timber Sale.
(3) Scheduled time. The pre-bid conference
			 shall be held within a reasonable time after the solicitation documents have
			 been issued, but sufficiently before the bid opening date to allow
			 consideration by bidders of the conference results in preparing bids.
(4) Statements not binding. Statements made
			 by the STATE at the pre-bid conference are not binding upon the STATE unless
			 confirmed by written changes in a revised Notice of Timber Sale or by written
			 addendum.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0050 - Pre-Opening Modification or Withdrawal of Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bid Modifications. Once submitted, bids
			 may be modified in writing prior to the time and date set for the bid opening.
			 Such modifications shall be in writing, shall clearly explain the error and
			 item to be corrected, shall be signed by the person entering the original bid,
			 and shall be submitted in a sealed envelope.
(2) Bid Withdrawals. Once submitted, bids may
			 be withdrawn prior to the time and date set for the bid opening.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0055 - Receipt, Opening, and Recording of Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Receipt. Each bid, and any bid changes,
			 upon receipt, shall be stored in a secure place until the bid opening. If bids
			 are opened inadvertently, or are opened prior to the time and date set for bid
			 opening because they were improperly identified, the opened bids shall be
			 re-sealed and stored for opening at the correct time.
(2) Opening and recording. Bids shall be
			 opened publicly, at the time, date, and place designated in the Notice of
			 Timber Sale. To the extent practical, the name of each bidder, the bid
			 price(s), and such other information as considered appropriate shall be read
			 aloud. Award decisions shall not be made at the bid opening.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0060 - Cancellation of Invitations to Bid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cancellation in the public interest. An
			 invitation to bid may be cancelled in whole or in part when cancellation is in
			 the public interest, as determined by the STATE. The reasons for taking this
			 action may be made part of the bid file.
(2) Notice of Cancellation. When an
			 invitation to bid is cancelled prior to bid opening, notice of cancellation may
			 be mailed, placed on the Oregon Department of Administrative Service's
			 electronic procurement system known as the "Vendor Information Program", or
			 otherwise made available or furnished to all known holders of solicitation
			 documents.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0065 - Disposition of Bids if Solicitation Cancelled

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to bid opening. When an invitation
			 for bids is cancelled prior to bid opening, all bids received may be returned
			 to bidders unopened, if submitted in a hard copy format with a clearly visible
			 return address. If there is no return address on the envelope, the bid may be
			 opened to determine the source and then returned to sender.
(2) After bid opening. When all bids are
			 rejected, the bids received may be retained and become part of the STATE's
			 permanent solicitation file.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0070 - Late Bids, Late Withdrawals, and Late Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definition. Any
			 bid received after the time and date set in the Notice of Timber Sale for
			 receipt of bids is late. Any request for bid withdrawal or modification
			 received after the time and date set for bid opening is late.
(2) Disposition. At the discretion of the
			 STATE, no late bids, late modifications, or late withdrawals shall be
			 considered.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0075 - Mistakes in Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
			 Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental
			 mistake in the bid requires careful consideration to protect the integrity of
			 the competitive bidding system, and to assure fairness. Except as provided in
			 this rule, if the mistake is attributable to an error in judgment, the bid may
			 not be corrected. Bid correction or withdrawal by reason of a nonjudgmental
			 mistake is permissible but only to the extent it is not contrary to the
			 interest of the STATE or the fair treatment of other bidders.
(2) Mistakes discovered after bid opening but
			 before award. This subsection prescribes procedures to be applied in situations
			 where mistakes in bids are discovered after the time and date set for bid
			 opening but before award:
(a) Minor
			 informalities. Minor informalities are matters of form rather than substance
			 that are evident from the bid documents, or are insignificant mistakes that can
			 be waived or corrected promptly without prejudice to other bidders, or the
			 STATE.
(b) Mistakes where intended,
			 correct bid is evident. If the mistake and the intended correct bid item are
			 clearly evident on the face of the bid form, or can be substantiated from
			 accompanying documents, the STATE may accept the bid. Examples of mistakes that
			 may be clearly evident on the face of the bid form are typographical errors,
			 errors in extending unit prices, transposition errors, and arithmetical errors.
			 In the event a bidder mistakenly submits more than one bid amount, the highest
			 bid amount shall be considered the intended bid.
(c) Mistakes where intended correct bid is
			 not evident. The STATE may not accept a bid in which a mistake is clearly
			 evident on the face of the bid form but the intended correct bid is not clearly
			 evident or cannot be substantiated from accompanying documents.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0080 - Bid Evaluation and Award - General

Current through Register Vol. 63, No. 7, July 1, 2024
The contract, if awarded, may be awarded to the highest,
				responsive and qualified bidder. Consistent with the provisions of the Notice
				of Timber Sale, and in the public interest as determined by the STATE, awards
				may be made by item, groups of items, or entire bid. The STATE reserves the
				right to reject any bid not in compliance with the Notice requirements, and to
				reject any or all bids upon a finding of the STATE that it is in the public
				interest to do so.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0085 - Bidder Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. As used in this rule:
(a)
			 "Disqualification" means the debarment, exclusion, or suspension of a person
			 from right to submit bids in response to the STATE's Notices of Timber Sales
			 for a reasonable, specified period of time named in the order of
			 disqualification. A bidder so debarred, excluded, or suspended is
			 disqualified.
(b) "Person" means an
			 individual, partnership, or corporation. Disqualification attaches to and
			 follows the individual, so that an individual who is a partner in a partnership
			 or an officer or principal in a corporation which is disqualified may not
			 reform the business entity as a way of avoiding the disqualification.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0090 - High Tie Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definition.
			 High tie bids are high responsive bids from responsible bidders that are
			 identical in price.
(2) Award.
			 Award shall be made by drawing lots among tied bidders. Method of Drawing Lots:
			 As directed by the STATE.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0095 - Rejection of Individual Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General. The STATE reserves the right to waive minor technicalities and the
			 right to reject any and all bids. The STATE may reject in whole or in part, any
			 bid not in compliance with all prescribed bidding procedures and requirements,
			 and may reject for good cause any bid upon a finding of the STATE that it is in
			 the public interest to do so.
(2)
			 Reasons for rejection. Reasons for rejecting a bid include but are not limited
			 to finding that:
(a) The bid is
			 nonresponsive, that is, it does not conform in all material respects to the
			 Notice of Timber Sale requirements; or
(b) The bidder has not qualified, i.e., has
			 not properly provided the required financial documents and filled out an
			 acceptable "Certificate of Eligibility to Bid on State Timber" form;
			 or
(c) The bidder within the last
			 five years has been found, in a civil, criminal, or administrative proceeding,
			 to have committed or engaged in fraud, misrepresentation, price-rigging,
			 unlawful anti-competitive conduct, or similar behavior; or
(d) The bidder within the last 3 years
			 preceding their bid had one or more Federal, State or Local timber sales
			 terminated for cause or default and the bidder did not fully execute the
			 Certification of Eligibility to Bid on State Timber as provided in OAR
			 629-029-0020,
			 or the bidder did not provide written explanation of prior termination or
			 default as required, or the bid was rejected after review of the explanation
			 submitted with the certification.
(e) The bidder has a pending or unresolved
			 default under a timber sale contract with State Forester; or
(f) The bid security has not been submitted
			 or properly executed as required by the Notice of Timber Sale documents;
			 or
(g) Other circumstances of the
			 particular bid, or bidder, indicate that acceptance of the bid would impair the
			 integrity of the selection process or result in an imprudent contract by the
			 STATE; or
(h) The bidder has not
			 complied with the provisions of the federal act "Forest Resources Conservation
			 Amendments Act of 1993", ORS 526, or OAR 629, Division 031, which prohibit the
			 export of unprocessed timber from public lands in Oregon and other
			 states.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0100 - Rejection of All Bids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bid
			 rejection. All bids may be rejected for good cause upon a finding by the STATE
			 it is in the public interest to do so. Notification of rejection of all bids,
			 along with the good cause justification and finding of public interest, may be
			 sent to all who submitted a bid.
(2) Rejection criteria. Reasons for rejecting
			 all bids include but are not limited to the following:
(a) Due to the content of or error in the
			 solicitation documents, including its terms, conditions, or specifications, the
			 solicitation process unnecessarily restricted competition for the public
			 contract; or
(b) The price
			 presented by the highest qualified bidder is, in the opinion of the STATE, too
			 low to justify acceptance of the bid; or
(c) Misconduct, error, or ambiguous or
			 misleading provisions in the solicitation documents threaten the fairness and
			 integrity of the competitive process; or
(d) Causes other than legitimate market
			 forces threaten the integrity of the competitive bidding process. These causes
			 include, but are not limited to, those that tend to limit competition such as
			 restrictions on competition, collusion, corruption, unlawful anti-competitive
			 conduct, and inadvertent or intentional errors in the solicitation
			 documents.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0105 - Contract Award

Current through Register Vol. 63, No. 7, July 1, 2024
Contract Award. At the discretion of the STATE, the apparent
				high bidder will be notified of the contract award.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0110 - Protest of Contract Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose. The purpose of this rule is to require adversely affected or aggrieved
			 bidders on a STATE solicitation for bids to exhaust all avenues of
			 administrative review and relief before seeking judicial review of the STATE's
			 contract award decision.
(2) Notice
			 of Award.
(a) The STATE's written notice of
			 contract award (or other contract initiating document, e.g., a notice of intent
			 to award, hereinafter referred to collectively as the "award documents"), shall
			 constitute a final decision of the STATE to award the contract if no written
			 protest of the contract award is filed with the STATE within 14 calendar days
			 following issuance of the award documents. If a protest of contract award is
			 timely filed by an actual aggrieved bidder, the award documents shall
			 constitute a final decision of the STATE only upon issuance to the protesting
			 bidder of a written decision denying the protest and affirming the
			 award.
(b) Unsuccessful bidders
			 will generally not be notified that a contract has been awarded.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0115 - Availability of Award Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contract documents. A signed contract document may be sent to the successful
			 bidder.
(2) Notification to
			 unsuccessful bidders. Unsuccessful bidders generally will not be notified that
			 a contract has been awarded.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0120 - Performance Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Performance
			 bond security, at the minimum shall be 20 percent of the bid, or an amount
			 equal to the value of the project work (rounded up to the nearest thousand),
			 whichever is greater. This requirement will be stated in the Notice
			 documents.
(2) Form of bond
			 security. The following forms of bond security may be accepted by the STATE:
(a) Cash;
(b) Cashier's check;
(c) Money order;
(d) Surety bond;
(e) Assignment of surety;
(f) Irrevocable letters of credit;
			 or
(g) Other securities as
			 determined acceptable by the STATE.
Surety bonds must be executed on a standard State form.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0125 - Payment Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State may
			 require payment bond security. This may be in the form of a Timber Payment Bond
			 or a Blanket Payment Bond. Payment bond security shall be in the form of:
(a) Cash;
(b) Cashier's check;
(c) Money order;
(d) Surety bond;
(e) Assignment of surety;
(f) Irrevocable letters of credit;
			 or
(g) Other securities as
			 determined acceptable by the STATE.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0130 - Contract Cancellation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grounds for cancellation. The STATE may,
			 at its option, cancel a contract, for any material violation of the provisions
			 of the contract. Such provisions generally include, but are not limited to:
(a) Standard terms and conditions included in
			 all contracts;
(b) Product or
			 service specifications;
(c)
			 Delivery or completion requirements; or
(d) Contracted pricing.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0135 - Contract Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Conditions of contracts concerning payment of laborers and materialmen,
			 contributions to Industrial Accident Fund, liens, and withholding taxes.
			 Contracts entered into by the STATE may contain a condition that the PURCHASER
			 shall:
(a) Make payment promptly, as due, to
			 all persons supplying to such contractor labor or material for the prosecution
			 of the work provided for in such contract.
(b) Pay all required contributions or amounts
			 due the Industrial Accident Fund under ORS Chapter 656 from such contractor or
			 subcontractor incurred in the performance of the contract.
(c) Not permit any lien or claim to be filed
			 or prosecuted against the state, county, school district, municipality,
			 municipal corporation, or subdivision thereof, on account of any labor or
			 material furnished.
(d) Pay to the
			 Department of Revenue all sums withheld from the employees pursuant to ORS
			 316.167.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0140 - Qualification Process

Current through Register Vol. 63, No. 7, July 1, 2024
PURCHASERS must "qualify" under the terms of the contract
				within 30 days of contract award. To "qualify" a PURCHASER must submit the
				first payment, proof of insurance and an adequate performance bond, as stated
				in the Notice and in the contract documents. If a PURCHASER fails to "qualify"
				within the required 30 days, the STATE may retain any bid deposit submitted by
				PURCHASER as liquidated damages. In no event shall a PURCHASER be permitted to
				conduct operations under a contract prior to meeting the qualification
				requirements for that contract.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Export" means
			 that unprocessed timber is loaded on a vessel or other conveyance with a
			 foreign destination or is present at a facility such as a port or dock with
			 intent to load it on a vessel or other conveyance with a foreign
			 destination.
(2) "Performance Bond"
			 means the security required by a state timber sale contract which ensures
			 satisfactory performance of contract requirements by the timber sale purchaser.
			 A performance bond may be in the form of a surety bond, cash, negotiable
			 securities, irrevocable letter of credit, or an assignment of surety.
(3) "Person" means an individual, a
			 partnership, a public or private corporation, an unincorporated association, or
			 any other legal entity. The term includes any subsidiary subcontractor, parent
			 company or other affiliate. Business entities are considered affiliates when
			 one controls or has the power to control the other or when both are controlled
			 directly or indirectly by a third person.
(4) "Private Lands" means lands within the
			 State of Oregon owned by a person. The term does not include federal lands or
			 non-federal public lands, or any lands the title to which is:
(a) Held in trust by the United States for
			 the benefit of any Indian tribe or individual;
(b) Held by any Indian tribe or individual
			 subject to a restriction by the United States against alienation; or
(c) Held by any Native Corporation as defined
			 in Section 3 of the
Alaska Native Claims Settlement Act
(43
			 USC 1602).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0010 - Criteria for Eligibility to Purchase State Timber or Logs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 all other requirements of law, a person may bid for state timber or logs
			 originating from state lands if the person certifies in a form and manner
			 specified by the State Forester that:
(a) The
			 person will not directly or indirectly export unprocessed state timber or logs
			 and
(b) Unless exempted by section
			 (2) of this rule, the person has not directly or indirectly exported
			 unprocessed timber from private lands in Oregon for a period of not less than
			 24 months prior to the date of submission of the bid; and
(c) The person will not sell, transfer,
			 exchange or otherwise convey unprocessed state timber or logs to any other
			 person without obtaining a certification from the person that meets the
			 requirements of OAR
			 629-031-0030.
(d) The person shall not engage in export of
			 unprocessed timber originating from private lands in Oregon until such time as
			 all interests in contracts for state timber held by that person have
			 terminated.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0015 - Prohibition Against Indirect Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to all other requirements of law, no person who is
				prohibited from purchasing timber directly from the State Forester may purchase
				state timber from any other person. Acquisitions of Western Red Cedar which are
				domestically processed into finished products to be sold into domestic or
				international markets are exempt from the prohibition contained in this
				rule.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.806, ORS 530.040 & ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0020 - Applicable State Timber

Current through Register Vol. 63, No. 7, July 1, 2024
All unprocessed timber, as defined in OAR
				629-031-0005, which
				originates from state lands is prohibited from export.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.806, ORS 530.040 & ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0025 - Surplus Timber

Current through Register Vol. 63, No. 7, July 1, 2024
The prohibitions against export contained in OAR
				629-031-0005  to
				629-031-0045  shall
				not apply to specific quantities of grades and species of unprocessed timber
				originating from state land which the United States Secretary of Agriculture or
				Interior has determined by rule to be surplus to the needs of timber
				manufacturing facilities in the United States.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.811, ORS 530.040 & ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0030 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 the State Forester will issue final acceptance of timber sale contract
			 requirements, a purchaser of state timber or logs must:
(a) Notify the State Forester of the delivery
			 destination of all timber or logs purchased under that contract. Notification
			 will be made in a form and manner prescribed by the State Forester;
(b) Prior to selling, trading, exchanging or
			 otherwise conveying unprocessed state timber or logs to any other person, the
			 purchaser of state timber shall obtain a certification of the person's
			 eligibility to purchase state timber or logs and their intent to comply with
			 the terms and conditions contained in this section. Certification will be made
			 in a form and manner as prescribed by the State Forester and shall be forwarded
			 to the State Forester upon completion of the transaction. Obtaining a
			 certification shall not relieve the purchaser's responsibility to provide the
			 State Forester with an accounting of the delivery destination of that timber or
			 logs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0035 - Purchaser Disqualification and Termination of Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Forester shall keep a record of
			 any person who violates the requirements of OAR's
			 629-031-0005  to
			 629-031-0040.
(2) A person whose name appears on the record
			 for violations as stated in section (1) of this rule, and who again violates
			 the requirements of OAR
			 629-031-0005  to
			 629-031-0040  shall be disqualified from bidding on or purchasing state timber
			 for a period of five years following the date of the violation. Any appeals of
			 disqualification shall be handled as provided in ORS
			 279.045.
(3)
(a)The
			 State Forester may cease operations on and/or terminate any state timber sale
			 contract entered into with a person who has violated the requirements of OAR
			 629-031-0005  to
			 629-031-0040,
			 and assess damages according to the following formula:
(b) D = (OSV+AC) - (PR+RSV), where:
(A) D = Damages and Expenses;
(B) OSV = Original Sale Value (timber only --
			 does not include project value). The original sale value shall be adjusted to
			 reflect estimated overruns or underruns on recovery sales;
(C) AC = Administrative Costs. These costs
			 include both the field and office costs required for the preparation of the
			 defaulted parcel for resale. These costs also include rehabilitation or
			 regeneration delay costs, legal service costs, interest, and other costs
			 allowed by law;
(D) PR = Payments
			 Received;
(E) RSV = Remaining Sale
			 Value. The value of the remaining timber shall be determined using the State
			 Forester's estimate of remaining volume, multiplied by the dollar values stated
			 in the contract.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0040 - Log Branding and Marking Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All unprocessed state timber or logs originating from state
				timber sales shall be branded with an assigned and registered brand before
				removal from the sale area. Unless prevented by the size or condition of the
				wood one end of all logs originating from state timber sales shall be hammer
				branded and one end shall be painted with a paint type and color determined by
				the State Forester.
Stat. Auth.: ORS 530.050(10) & 526.041(1)
Stats. Implemented: ORS 530.059 & 526.801 -
				  526.992
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 31 - LOG EXPORT RULES › Section 629-031-0045 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Investigation of suspected violations of these rules and/or
				surveillance of unprocessed timber in transit and at port facilities may be
				conducted by the State Forester, or contracted by the State Forester to other
				state or federal agencies. Any alleged violations of the export prohibition
				provisions of this section will be referred by the State Forester to the
				appropriate federal or state agency for prosecution or other legal
				action.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.801 - ORS 526.992, ORS 530.010 -
				  ORS 530.520 & ORS 532.010 - ORS
				  532.100
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to provide a uniform procedure governing defaults on Board of
			 Forestry timber sale contracts involving Board of Forestry lands or lands
			 managed under agreement with the State Land Board.
(2) The provisions of OAR
			 629-032-0000  to OAR
			 629-032-0070  are in
			 addition to, not in lieu of, any other remedies the Board of Forestry may have
			 against a defaulting purchaser.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Contract"
			 means a contract for the sale of timber made under the provisions of ORS
			 530.050 and 530.059 or under agreement with the State Land Board.
(2) "Default" means the purchaser's failure
			 to correct a violation as directed by the forester within a specified period of
			 time; purchaser's failure to complete contract requirements by any interim
			 completion dates or the contract expiration date, whichever is earliest, or the
			 purchaser's injury to or severance of timber not included in the
			 sale.
(3) "Forester" means the
			 State Forester or designee.
(4)
			 "Purchaser" means individual or organization purchasing timber from Board of
			 Forestry lands or lands managed under agreement with the State Land
			 Board.
(5) "Violation" means any
			 failure to comply with the terms and conditions of the contract.
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented: ORS 526.041, ORS 530.050 & ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0010 - Default - Future Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of OAR
			 629-032-0000  to
			 629-032-0070  are in
			 addition to, not in lieu of, any other remedies the Board of Forestry may have
			 against a defaulting purchaser.
(2)
			 Except where the purchaser posts security as provided in OAR
			 629-032-0040,
			 or except as may be otherwise provided in these rules, any purchaser of timber
			 from Board of Forestry lands who defaults on a contract with the forester shall
			 not thereafter be allowed to bid on any Board of Forestry timber sale including
			 the resale of the defaulted contract, until purchaser reimburses State for all
			 damages and expenses incurred as a result of the default. This prohibition
			 shall apply to the purchaser's assignee, agent or anyone else acting in the
			 purchaser's behalf.
(3) In the case
			 of a contract for the sale of timber which includes both Board of Forestry
			 lands and other state lands managed by the forester, this rule shall apply only
			 if the timber on the Board of Forestry lands predominates in value.
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented: ORS 526.041, ORS 526.046 & ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0030 - Notice of Default to Purchaser

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever the forester finds there is a violation of any provision of the
			 contract, the forester may suspend operations in accordance with the provisions
			 of the contract. If the violation is not corrected within the time specified by
			 the forester, the forester may notify the purchaser that the contract is in
			 default and terminate the contract.
(2) If the purchaser has failed to complete
			 the requirements of the contract prior to the expiration date or any interim
			 completion date required by the contract, whichever is earliest, or if the
			 purchaser injures or severs timber not included in the sale, the forester may
			 notify the purchaser that the contract is in default without allowing the
			 purchaser to take corrective action.
(3) All notices of default to the purchaser
			 shall:
(a) Be sent by certified mail with
			 return receipt requested;
(b)
			 Inform the purchaser of the reasons for the default and the effective date of
			 the default.
(c) Inform the
			 purchaser that the purchaser may request a contested case hearing by notifying
			 the forester within 15 days of the date of the Notice of Default.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0040 - Request to Bid by Purchaser

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a purchaser in default wishes to bid on the resale of the defaulted contract
			 and future contracts, the purchaser shall so notify the forester in writing
			 within 30 days of receiving the notice of default. The forester shall, within
			 30 days of the receipt of the notice, notify the purchaser of the estimated
			 damages and expenses incurred by the State as a result of the default, using
			 the method set out in OAR
			 629-032-0060.
(2) The forester shall notify the purchaser
			 of the estimated amount of damages and expenses by certified mail. The notice
			 of estimated damages and expenses shall inform the purchaser of the right to
			 request a contested case hearing pursuant to OAR
			 629-032-0050  and the time within which such request must be made.
(3) If purchaser makes payment of the
			 estimated damages and expenses prior to the resale of the defaulted contract,
			 the forester shall grant permission to the purchaser to bid on the resale and
			 future sales.
(4) The forester
			 shall not give permission to bid on the resale of the defaulted sale or future
			 sales if other defaults by the purchaser are outstanding.
(5) If the purchaser is in the process of
			 settling the defaulted contract with the forester under the provisions of OAR
			 629-032-0060,
			 the purchaser may bid on contracts other than the defaulted contract if the
			 purchaser posts a bond in the amount sufficient to cover the estimated damages
			 and expenses determined by the forester, or places in an escrow account cash or
			 marketable securities acceptable to the forester that are readily convertible
			 into cash in an amount sufficient to cover the estimated damages and expenses
			 of the defaulted contract, or a combination of such bond, cash and securities
			 in the required amount. The terms of the escrow agreement shall be satisfactory
			 to the forester. The forester shall grant permission to bid on other contracts
			 under this provision only if no other defaults by purchaser are
			 outstanding.
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented: ORS 526.041, ORS 526.046 & ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0050 - Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 15 days of the date of the Notice of Default from the forester stating the
			 reason for the default and effective date of the default, the purchaser may
			 request a contested case hearing before the forester to determine whether a
			 default was committed by the purchaser. The hearing, if requested, is the
			 purchaser's opportunity to prove that it did not commit a default. Within 60
			 days of submitting a request for hearing, the purchaser must submit to the
			 forester a detailed and comprehensive written statement explaining why the
			 purchaser believes it did not commit a default. The statement must be
			 accompanied by copies of all documentary and other evidence that the purchaser
			 will rely on at the hearing to establish that it did not commit a default. Only
			 those grounds identified in the purchaser's statement, and supported by the
			 evidence accompanying the statement, may be relied on by the purchaser at the
			 hearing to prove that the purchaser did not commit a default.
(2) The hearing shall be governed by ORS
			 183.413 to
			 183.497. A hearings officer may
			 be appointed by the forester to hear the case. However, the hearings officer
			 shall not have the authority to issue a final order. Any final order issued
			 under this rule shall be signed by the forester and may be appealed as provided
			 in ORS 183.482.
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented ORS
				  183.413 - ORS
				  183.497, 526.041, ORS 526.046  & ORS 530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0060 - Settlement of Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event of default, the forester may terminate the contract and assess damages
			 and expenses using the formula; D = (OSV+AC)-(PR+RSV), where:
(a) D = Damages and Expenses;
(b) OSV = Original Sale Value (timber value
			 only -- does not include project value). The original sale value shall be
			 adjusted to reflect estimated overruns or underruns on recovery
			 sales;
(c) AC = Administrative
			 Costs. These costs include both the field and office costs required for the
			 preparation of the defaulted parcel for resale. These costs also include
			 rehabilitation or regeneration delay costs, legal service costs, interest, and
			 other costs allowed by law;
(d) PR
			 = Payments Received;
(e) RSV =
			 Remaining Sale Value. Dependent upon when settlement is made, the value of the
			 remaining timber shall be determined by the forester using the Department of
			 Forestry's log prices and logging costs in effect at the time of default or
			 immediately prior to resale; or shall be based upon the price bid for the
			 timber in the resale; or shall be based on the actual value of timber removed
			 in the resale.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 32 - PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS › Section 629-032-0070 - Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
If the Forester determines a contract is in default, the
				following provisions apply to all defaults governed by OAR
				629-032-0000  through
				629-032-0050:
(1) The following shall be retained by the
			 forester or maintained in full effect until contract damages have been
			 determined by agreement, mediation or litigation and the forester has been
			 reimbursed in full for said damages:
(a)
			 Payments made by the purchaser, including initial deposits and advance
			 payments; and
(b) Performance and
			 payment bonds. Performance and payment bond amounts shall not be reduced until
			 the forester has been reimbursed in full for all contract damages.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0000 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to the exchange of lands designated as state
				forests lands as provided in ORS 530.010.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Board" means
			 the Oregon Board of Forestry.
(2)
			 "Board of Forestry Lands" means lands owned by the Board of Forestry under ORS
			 Chapter 530.
(3) "Department" means
			 the State of Oregon, Department of Forestry.
(4) "District" means a defined geographic
			 area that is an administrative unit of the Department, within which a District
			 Forester manages the Department's programs.
(5) "State forest lands" means all forest
			 lands managed by the State Forester under the direction of the Board of
			 Forestry as provided in ORS Chapter 530.
(6) "Transaction" means an acquisition or
			 exchange of state forest lands.
(7)
			 "State Forester" means the Agency Director of the Oregon Department of Forestry
			 and the Secretary to the Board of Forestry.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0010 - Purpose for Acquisitions and Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
The acquisition or exchange of state forest lands is
				appropriate when:
(1) The transaction
			 furthers the purposes of ORS 530.010, the acquisition of lands chiefly valuable
			 for the production of forest crops, watershed protection and development,
			 erosion control, grazing, recreation or forest administrative purposes;
			 and
(2) The exchange furthers the
			 objectives of providing a full range of social, economic and environmental
			 benefits to the people of Oregon for achieving greatest permanent value as
			 defined in OAR
			 629-035-0020,
			 as expressed in approved forest management plans; and
(3) The transaction results in the
			 consolidation of state forest lands, or makes management of state-owned forest
			 lands more economically feasible.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0015 - Long Range Acquisition and Exchange Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district of the Department shall
			 prepare a long-range acquisition and exchange plan outlining the key parcels
			 proposed for exchange or acquisition within that district. The acquisition and
			 exchange plan shall describe how the plan aligns with ORS 530.010 and 530.040,
			 and approved forest management plans, and furthers the objectives of achieving
			 greatest permanent value as defined in OAR
			 629-035-0020.
			 The long-range acquisition and exchange plan shall be reviewed by the Board of
			 Forestry prior to approval by the State Forester. The State Forester shall
			 review, update and approve long-range acquisition and exchange plans at least
			 every ten years.
(2) Proposals for
			 exchange or acquisition that are not part of an approved long-range acquisition
			 and exchange plan may be submitted if an exchange or acquisition opportunity
			 presents itself, and when in the opinion of the District Forester, that
			 proposal meets the intent of OAR
			 629-033-0010.
			 Such proposals shall be submitted through supervisory channels for review and
			 approval by the State Forester prior to the Department entering into any
			 written agreement with the proposed acquisition or exchange partner.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040